Florida’s helmet laws can significantly impact your personal injury claim, especially if you’ve been involved in a motorcycle or bicycle accident. Whether you wore a helmet during the incident can affect the strength of your case and the compensation you might be eligible to receive. Awareness of these laws ensures you receive fair compensation for your injuries.
If you were hurt in an accident on your bike or motorcycle, call our Florida personal injury lawyers at (561) 655-1990 for a free consultation.
Florida’s motorcycle helmet law and its impact on personal injury claims
Under Florida Statute 316.211, riders over 21 are not required to wear helmets if they carry at least $10,000 in medical insurance coverage. However, wearing a helmet can significantly affect compensation in a personal injury claim.
If you were involved in a motorcycle accident and were not wearing a helmet, the defense might argue that your injuries were exacerbated by your failure to wear one, which could reduce the amount of compensation you’re entitled to. This falls under Florida’s comparative negligence law, where damages are reduced based on the percentage of fault assigned to the injured party.
For instance, if you suffered head injuries and were not wearing a helmet, a court may determine that you are partially responsible for the severity of your injuries. Even if the other driver is found to be at fault for the accident, your compensation could be reduced depending on how much your lack of helmet use contributed to your injuries. In extreme cases, if you’re found to be more than 50% responsible, you may be barred from recovering damages entirely.
Florida’s bicycle helmet law and its impact on personal injury claims
Florida law (Statute 316.2065) requires all cyclists under the age of 16 to wear a helmet. For cyclists over 16, helmets are optional but highly encouraged for safety. Similar to motorcycle accidents, not wearing a helmet can affect your claim if you are injured while riding a bicycle.
If you are injured in a bicycle accident and were not wearing a helmet, the defense might argue that your head injuries could have been less severe if you had worn one. This could lead to a reduction in your compensation under Florida’s comparative negligence rule. However, if your injuries do not involve your head or neck, the absence of a helmet may have less impact on your case.
What about electric bikes?
In Florida, electric bicycle riders under the age of 16 are required to wear helmets. Riders 16 and older are not legally obligated to wear helmets. However, it is strongly recommended for safety.
Comparative negligence in Florida
Florida operates under a modified comparative negligence rule, as outlined in Florida Statute 768.81. This means your compensation can be reduced if you are found partially at fault for your injuries. You cannot recover damages if you are determined to be more than 50% at fault. Helmet usage, or the lack thereof, plays a significant role in determining fault and how much compensation you can receive in motorcycle and bicycle accidents.
Why you need legal representation
Navigating the complexities of Florida’s helmet laws and understanding how they impact your personal injury claim can be challenging. The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath are experienced in handling personal injury cases and can help guide you through the process. We will work to minimize any attempts to reduce your compensation due to helmet usage and ensure that you receive the full amount you deserve.
For personalized legal advice, contact Lytal, Reiter, Smith, Ivey & Fronrath for a consultation. We will review your case and fight for the compensation you deserve.
