You may be able to recover compensation in a Florida motorcycle accident lawsuit, even if you weren’t wearing a helmet. While helmets are recommended, Florida law only requires motorcyclists to wear helmets if they are under 21 or if they don’t have at least $10,000 in health insurance.
Not Wearing a Helmet May Impact Your Compensation
If you suffer an injury to any part of your body other than your head or neck, helmet use is irrelevant to your accident claim. Your injuries would not have been prevented by a helmet if, for example, you suffered a broken leg or severe road rash. Therefore, your legal compensation should not be reduced because you didn’t wear a helmet.
It’s also possible to recover damages if you suffered a head or neck injury in a motorcycle accident and weren’t wearing a helmet. However, your compensation may be reduced. If it’s determined that you’re partly at fault for your head or neck injury, the court may reduce your damages by the percentage of fault attributed to you.
Florida is a pure comparative negligence state. That means, even if you were primarily responsible for your accident injuries, you might still recover damages from the other driver based on his percentage of liability in the crash.
Talk to a Motorcycle Accident Lawyer to Protect Your Rights
The other driver will likely try to limit your compensation by claiming you were negligent for not wearing a helmet. Make sure that all of your rights are protected by contacting former Florida State Trooper and experienced motorcycle accident lawyer Coy H. Browning for a free consultation. The Browning Law Firm will make sure you are treated fairly and will fight for your recovery for past and future medical costs, lost income, out-of-pocket expenses, and pain and suffering. Call us, or complete our online contact form to learn more.