In Florida, most motorcyclists are required to wear a helmet while operating or riding on a motorcycle, but there are exceptions. Florida helmet laws are complex and can significantly impact the compensation you might be entitled to receive in a motorcycle accident claim. While the presence or absence of a helmet may not cause an accident, not wearing one can result in more severe injuries to motorcycle riders.
Seeking compensation after a motorcycle accident is a complex legal undertaking. A motorcycle accident law firm in fort lauderdale can help ensure that fault is accurately distributed in your case. This is a critical part of your injury claim, since fault is assigned in percentages and decreased accordingly. Personal injury law firms in Florida typically accept cases like yours on contingency so you can get started immediately and at no upfront cost.
What You Need to Know About Florida’s Motorcycle Helmet Laws
Florida Statutes § 316.211 describes the laws governing helmet-wearing in the state. It requires motorcycle riders under the age of 21 to wear eye protection while operating or riding on a motorcycle in the state of Florida.
In addition to helmet requirements, Florida motorcycle safety laws also mandate that motorcycle operators and riders of all ages wear protective eye gear. Seeking financial compensation for a motorcycle accident claim can require proving your age at the time of the accident.
Your lawyer can help you obtain a copy of your birth certificate or other identifying information that proves your age. They can also help you understand comparative negligence laws in Florida and how they could impact your financial recovery.
How Comparative Negligence Affects Your Motorcycle Accident Compensation
To understand how Florida helmet laws affect motorcycle accident claims, you have to understand its comparative negligence laws. According to Florida Statutes § 768.81, you can recover damages even if partial responsibility is attributed to you.
Any compensation you do receive, however, will be reduced by a corresponding percentage of fault. Here is what that could look like—a potential $500,000 financial award would be reduced to:
- $400,000 if 20% liability is attributable to you
- $300,000 if 40% liability is attributable to you
- $275,000 if 45% liability is attributable to you
If 50% or more of the accident’s cause is attributable to you, you will not be able to recover any compensation at all. This makes proving the accident’s cause and your role in it critical.
How to Challenge Allegations of Fault Due to Florida Motorcycle Helmet Laws
Your evidence collection is an important part of your compensation claim. It plays multiple roles, including:
- Identifying the at-fault party
- Identifying their negligence
- Proving the accident’s costs
- Proving your helmet status
A strong collection of evidence proving your compliance with Florida motorcycle safety laws can also support the other factors listed above. Your case file can include:
- Motorcycle accident report
- Eyewitness statements
- Expert testimonials
- Photos and video footage
- Accident reconstruction
- Salary history records
- Your birth certificate
If you are represented by a personal injury attorney, they will understand how Florida helmet laws affect motorcycle accident claims and handle evidence collection for you, which can allow you to focus on recovering from your injuries. They will organize your evidence into a cohesive case file that presents the story of your accident and clarifies your role, if any, in the severity of your injuries
Compensation That Could Be Affected by Florida Motorcycle Helmet Laws
Florida motorcycle safety laws are designed to protect motorcyclists and promote safe riding habits. When not strictly adhered to, they can affect your legal ability to recover the following damages in full:
- Economic Damages: Ongoing medical bills, rehab and therapy costs, ongoing income loss, loss of future earning ability, and property damage, destruction, and diminished value.
- Non-Economic Damages: Compensation for lasting disabilities, temporary or permanent disfigurement, physical pain and suffering, mental and emotional anguish, and diminished quality of life.
- Wrongful Death Damages: A Florida wrongful death lawyer will request recovery of your loved one’s funeral and burial expenses, loss of their financial and domestic contributions to your family, and loss of consortium, companionship, and guidance for their fatal injuries.
To maximize these recoverable damages, your lawyer will help you fight for a fair and appropriate distribution of fault. With their guidance and direction, you can get the fair compensation you need to fully recover—physically, emotionally, and financially—from a life-changing motorcycle crash.
A Lawyer Can Manage Florida’s Helmet Law Effect on Motorcycle Accidents
Preparing and resolving a motorcycle accident claim can be a time-consuming undertaking. It does not have to be one you manage on your own. A motorcycle accident attorney can handle all communication with the insurance company and its adjuster.
A local attorney can also:
- Accept your case on a contingency fee basis
- Investigate all aspects of your motorcycle accident
- Establish your compliance with helmet regulations
- Fight hard to mitigate your potential liability
- Handle all case-related paperwork and forms
- Negotiate the best possible financial settlement
A lawyer can also provide you with informative updates that ensure you are always aware of any progress and developments in your case.
It Is Never Too Soon to Get a Motorcycle Accident Attorney on Your Side
In addition to the helmet law effect on motorcycle accidents, the statute of limitations law is equally important. Florida Statutes § 95.11 generally gives you two years to file your personal injury lawsuit or wrongful death claim.
Complying with the statute of limitations can be complicated. A lawyer can help you understand any potential fluctuations in the filing deadline. They can also file your lawsuit on time and in the appropriate court.
Get Expert Help to Navigate Florida’s Helmet Laws and Your Injury Claim
If you or someone you love was injured in a motorcycle accident, our lawyers can help you get financial compensation. Even if you were not appropriately helmeted when the accident occurred, you could still be entitled to financial recovery.
Contact the Law Offices of Wolf & Pravato today to explore your compensation options with one of our legal team members.
