September 15, 2019

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No Motorcycle Helmet, Can I Recover Damages in Florida?

There is a reason why motorcycle helmets were invented. That is to protect riders from brain injuries as well as fatal injuries. Helmets are 37% effective in the prevention of fatal injuries. They are 67% effective in preventing injuries to the brain. However, only 19 states have instituted a universal helmet law.

What Florida Law Says

If you are a motorcycle rider in Florida, you don’t have to wear a helmet if you are over 21 years in age. The law only requires you to have insurance that meets the minimum state requirements. However, it can be more difficult to recover damages when you’re involved in an accident while not wearing your helmet.  

In Florida, the party who is responsible for the accident is responsible for compensating victims who suffer bodily injuries as well as property damage. The complication comes in when injuries are increased because the injured party did something to make the situation worse or failed to do something.

The good news for you is that the law in Florida allows you to recover compensation for injuries even if you weren’t wearing a helmet.

The Challenge

However, it can be more challenging to recover damages when you are found not to have been wearing a helmet at the time of the accident. The fact that you weren’t wearing a helmet opens your case to various arguments that may result in a reduction of damages and possibly not being able to recover any money at all.

This doesn’t mean that you should give up on recovering damages. It simply means that you’ll have a fight on your hands. You will therefore need the help of a skilled and experienced accident attorney.

A skilled and experienced attorney understands the consequences of not wearing a helmet when it comes to recovering damages. He or she will build your case to demonstrate that you would have suffered the same or similar injuries whether or not you were wearing a helmet.

Cases in which the injured party is seen to have shown some degree of failure or negligence can be complicated. Damages will vary depending on the circumstances of the case. Having an accident attorney in your corner will ensure that you’re able to recover the damages that you’re entitled to.  

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