Florida’s motorcycle helmet laws state that riders aregenerally required to wear a helmet, although significant exceptions exist. Even if you are legally allowed not to wear a helmet, however, the insurance company may try to use your lack of protective headgear against you in your personal injury claim.
One of our firm’smotorcycle accident lawyers in Florida can review the facts of your case and explain how these laws may impact your claim.
What Is Florida’s Motorcycle Helmet Law?
State regulations regarding helmet usage can be found atFlorida Statutes § 316.211. This law states:
- Without exception, all motorcyclists and passengers 21 and younger must wear a motorcycle helmet that meets federal safety standards whenever they ride.
- Everyone over the age of 21 must also wear a helmet that meets federal safety standards.
- If you are over 21, you can ride without a helmetif you have at least $10,000 worth of insurance designed to cover motorcycle accident injuries.
Failure to obey any part of this law is anoncriminal traffic infraction, and offenders could face legal consequences.
How Helmet Laws Affect Your Compensation in Florida
Florida’s motorcycle helmet law can affect injury claims by making it either easier or harder for the insurance company to argue against your claim. For example:
- If you were wearing a helmet, your motorcycle accident lawyer in Florida could use this as proof that you did everything possible to prevent serious injuries, and that the at-fault party’s negligence is the sole cause of your suffering.
- If you were not wearing a helmet, even if you had the legal right not to do so, the insurance company might argue that your injuries were worsened by your lack of protection, and that you are therefore not entitled to as much compensation as you asked for.
It is not fair for insurance companies to accuse law-abiding motorcyclists of contributing to their own injuries. Nonetheless, many insurers will not hesitate to do so in order to save themselves money. This is why it is important for all riders to be aware of Florida’s helmet laws, how those laws could affect their injury claims, and howa legal representative could protect their rights.
What Other Laws Could Affect My Motorcycle Accident Claim?
In addition to Florida’s motorcycle helmet laws, your injury claim could be affected by:
- Thestatute of limitations on personal injury cases generally grants you justtwo years from the accident date to start a lawsuit
- Themodified comparative negligence law, states that you can, within limits,recover compensation if you were partly at fault, but the amount you receive will decrease
- Thegeneral traffic laws that apply to all vehicles on the road, includingspeed limits andyielding the right of way
Here are some hypothetical examples of how these laws could impact your case:
- If you file your case after the statute of limitations expires, you would most likely be barred from proceeding with your lawsuit.
- If you were not wearing a helmet, the insurer might try to reduce your payout by invoking comparative negligence, even if you were within your legal rights to ride without a helmet.
- If you allegedly exceeded the speed limit, the insurer could argue that your excessive speed either contributed to the accident or made your injuries worse than they needed to be, which could potentially reduce your compensation and give the other party cause to file a claim for damages against you.
If you suffered motorcycle accident injuries in Florida, you deserve full and fair compensation for everything you lost. Our firm can help you work within all applicable laws to prove your case’s value and fight hard for the money your family is depending on to make a fresh start.
Navigating the Applicable Laws as You File an Injury Claim
It is not in your best interests to handle your case by yourself. Nor should you try to conceal the facts by, for example, claiming you were wearing a helmet when you were not. The best way to protect your rights is by hiring a law firm that:
- Can assess your situation and explain which laws may impact your claim and how
- Collect evidence—such as police reports, video footage, and witness statements—that proves you are entitled to certain types of damages
- Can fight back if the insurance company tries to use Florida’s motorcycle helmet laws against you
- Pursue an appropriate amount of compensation that will cover all losses caused by the crash
Our attorneys handle injury claims from beginning to end, giving you the chance to focus on recovering from the accident while we handle all legal matters.
Our Florida Motorcycle Accident Attorneys Can File Your Injury Claim
The Law Offices of Wolf & Pravato gives attorneys a good name by offering caring, compassionate service and prompt, responsive communication at all times. Call (844) 643-7200 for afree consultation today. With over 75 years of combined experience,our legal team understands Florida’s motorcycle helmet laws—and how they affect injury claims like yours.