I Wasn’t Wearing a Helmet—Can I Still File a Motorcycle Accident Claim?

I Wasn’t Wearing a Helmet—Can I Still File a Motorcycle Accident Claim?

On Florida roads, it’s not uncommon to see motorcyclists without helmets. This is because the Sunshine State has only a partial helmet law. Riders over 21 may opt to forgo wearing a helmet as long as their insurance policy provides at least $10,000 in medical benefits for crash-related injuries.

Just because wearing a helmet isn’t required by law, however, doesn’t mean you won’t face various challenges should you get into a wreck without one. If you were involved in a motorcycle crash when you weren’t wearing a helmet, here’s what you should know about seeking compensation for the associated damages:

If You Suffered a Head Injury

If some of the damages you incur can be attributed to a head injury, you may be deemed partially liable for their severity because you failed to don appropriate safety gear. Under Florida’s pure comparative fault rule, this would reduce the total compensation to which you’re entitled accordingly.

In order for this rule to apply, though, the defendant would have to prove that you wouldn’t have sustained the head injuries that you did had you been wearing a helmet. In other words, if you’d taken reasonable measures to protect yourself in the event of a collision, you would’ve incurred significantly fewer damages.

If You Did Not Suffer a Head Injury

If you didn’t actually sustain a head injury in the accident, wearing a helmet probably wouldn’t have reduced the resulting damages. As such, the fact that you weren’t wearing adequate safety gear is unlikely to impact your financial recovery.

There are several other factors, however, that could affect the total payout you may seek. For example, if you contributed to the wreck in some way—perhaps you were speeding or lane splitting prior to the crash—you could be found partially liable. This, in turn, would enact the pure comparative fault rule.

Other factors that could impact the amount of compensation you end up seeking include the severity of your injuries, the at-fault party’s total available insurance coverage, and the strength of the evidence you present. You can be sure, however, that if you turn to a reputable and resourceful personal injury attorney, nothing will be overlooked.

A seasoned lawyer will make sure to track all recoverable damages—and gather the evidence needed to prove their extent. This will allow you to pursue the maximum payout possible when it comes time to negotiate for a settlement. And if the opposing party proves uncooperative for whatever reason, your legal team will help you take the case to court.

Speak with a Motorcycle Accident Attorney

Not all personal injury firms are equipped to handle motorcycle accidents, but Lubell Rosen is. If you were seriously hurt through no fault of your own, we’ll help you gather the evidence needed to pursue the maximum payout possible.

By letting us handle every aspect of your case, you can focus on more important matters, like your recovery. Call (954) 880-9500 or fill out our Contact From to schedule a free consultation with a motorcycle accident lawyer.

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Ryan M. Sanders,  Esq.

 [email protected]
 (954) 880-9500