Motorcycle accidents can result in severe injuries, and the use of a helmet often plays a crucial role in the outcome. In Florida, helmet laws not only affect riders’ safety but can also influence how personal injury claims are handled.

At FGB Law, we have extensive experience representing motorcyclists injured in accidents. This article explores Florida’s helmet laws, their impact on injury claims, and what riders need to know to protect their rights after an accident.

Florida’s Helmet Laws: What You Need to Know

Understanding Florida’s helmet laws is essential for riders and passengers. These laws aim to promote safety while balancing personal freedom.

1. Helmet Requirements for Riders Under 21

  • Florida law requires all motorcyclists under the age of 21 to wear helmets that meet federal safety standards.

2. Helmet Rules for Riders Over 21

  • Riders 21 and older are not required to wear a helmet if they have a minimum of $10,000 in medical insurance coverage for motorcycle-related injuries.

3. Eye Protection

  • Regardless of age or helmet use, all riders must wear eye protection while operating a motorcycle.

4. Consequences of Non-Compliance

  • Violating helmet laws can result in fines and citations, but more importantly, it may affect your personal injury claim if you’re involved in an accident.

How Helmet Use Impacts Motorcycle Accident Injury Claims

Helmet use (or the lack thereof) can influence the outcome of a personal injury claim in several ways:

1. Establishing Liability

  • Florida follows a comparative negligence system, meaning that if a rider’s failure to wear a helmet contributed to their injuries, their compensation could be reduced.

2. Proving Negligence

  • Not wearing a helmet may allow the defendant to argue that the rider failed to mitigate their injuries, especially in cases involving head trauma or facial injuries.

3. Insurance Adjustments

  • Insurance companies often scrutinize helmet use when determining settlement amounts, especially if the injuries involve the head or neck.

4. Legal Exceptions

  • Riders over 21 with the required insurance coverage can argue that they were legally not required to wear a helmet, but this may still complicate claims involving head injuries.

Common Injuries in Motorcycle Accidents

Motorcycle accidents often result in severe injuries, whether or not a helmet is used. Some common injuries include:

  • Traumatic Brain Injuries (TBIs): Helmets significantly reduce the risk of TBIs, but severe impacts can still cause brain injuries.
  • Spinal Cord Injuries: Often lead to partial or complete paralysis, requiring lifelong care.
  • Facial and Jaw Injuries: Riders without helmets are particularly vulnerable to disfigurement and fractures.
  • Road Rash: Severe abrasions caused by sliding on pavement can lead to infections and scarring.
  • Fractures and Broken Bones: High-impact collisions frequently result in multiple fractures.

Compensation Available in Motorcycle Accident Claims

Victims of motorcycle accidents may be entitled to various types of compensation, regardless of helmet use.

1. Medical Expenses

  • Covers hospital stays, surgeries, rehabilitation, and ongoing treatments.

2. Lost Wages

  • Compensation for time missed from work and diminished earning capacity.

3. Pain and Suffering

  • Non-economic damages for physical pain, emotional distress, and reduced quality of life.

4. Property Damage

  • Covers the repair or replacement of your motorcycle and other damaged property.

5. Punitive Damages

  • In cases involving gross negligence, such as a driver operating under the influence, punitive damages may be awarded.

Steps to Take After a Motorcycle Accident

If you’re involved in a motorcycle accident in Florida, following these steps can help protect your rights and strengthen your claim:

  1. Seek Medical Attention
    • Prioritize your health by getting immediate medical care, even if injuries seem minor.
  2. Document the Scene
    • Take photos of your injuries, the motorcycle, and the accident scene.
  3. File a Police Report
    • Ensure the accident is officially documented by law enforcement.
  4. Gather Witness Information
    • Collect contact details from witnesses who can support your account of the accident.
  5. Consult an Attorney

Why Legal Representation Matters

Navigating the complexities of Florida’s helmet laws and their impact on injury claims can be challenging. At FGB Law, our team understands these intricacies and works tirelessly to protect the rights of injured motorcyclists.

We gather evidence, negotiate with insurance companies, and, if necessary, take your case to court to secure the compensation you deserve.

Contact FGB Law for Help With Your Motorcycle Accident Claim

If you’ve been injured in a motorcycle accident in Florida, don’t let the complexities of helmet laws deter you from seeking justice. At FGB Law, we are here to help you understand your rights and fight for the compensation you need to recover.

Call FGB Law today at (941) 979-9010 or complete our online form to schedule your free consultation.