Legal Analysis of Helmet Laws’ Effect on Motorcycle Accident Injury Claims
Helmet laws impact motorcycle accident injury claims because not wearing a helmet could affect the payout you’re entitled to. Although failing to wear a helmet doesn’t mean you caused the accident, it could open the door for the liable party to blame you for your injuries.
You could fight against these claims by working with a motorcycle accident lawyer. They can explain Florida’s motorcycle safety laws and work to help you recover the compensation that covers your losses.
Florida’s Helmet Laws and How They Affect Motorcycle Riders
According to Florida Statutes § 316.211, motorcyclists and moped riders must use certain equipment for head injury prevention. The motorcycle safety law explains that:
- Helmet usage is required for motorcyclists
- Riders over 21 years old can choose not to wear a helmet if they are protected by at least $10,000 in insurance that will cover medical benefits
- Riders aged 16 and younger may not opt out of wearing a helmet under any circumstances
This statute also requires that motorcyclists wear protective eye equipment. If you hire a personal injury law firm, it can explain your state’s motorcycle helmet requirements and answer your questions.
How Failing to Wear a Helmet Could Impact the Outcome of Your Personal Injury Claim
If you bring a legal case against the party that caused your accident, the liable party and their insurance company will likely scrutinize your actions before, during, and after the crash. That means anything you could have done to cause your injury, such as not wearing a helmet, will be brought to light. Just because you didn’t wear a helmet doesn’t mean you caused the accident. However, your lack of helmet use could have made your sustained injuries worse.
Cases like these are tricky because the at-fault party may try to get away with paying you less than you deserve. That’s why many accident victims hire a motor vehicle accident lawyer who can assess their cases and support their need for compensation.
A Personal Injury Attorney Can Support Your Motorcycle Accident Claim Even If You Didn’t Wear a Helmet
Deciding not to wear a helmet and getting into an accident can seriously affect your health, well-being, and legal case. You can file a case with a fort lauderdale personal injury lawyer and pursue accident compensation. Some tasks your attorney can help you with include:
- Filing a personal injury lawsuit if another party caused your motorcycle accident
- Explaining how comparative fault laws could play a role in your motorcycle accident case
- Assessing your case to determine the amount of compensation you could be eligible to recover
- Answering your legal questions
- Communicating with all parties involved in your case
- Representing you in court if necessary
- Explaining your legal options
- Completing any case-related paperwork for you
- Collecting any necessary evidence, such as photos, videos, and witness statements
Regardless of your role in the accident, if you decide to hire a fort Myers motorcycle accident lawyer, they will walk you through the legal process and explain your options.
Damages You Could Recover in a Motorcycle Crash Case
If another party is found even partially liable for your accident, you may be entitled to recover damages. Another party’s negligence in a motorcycle accident may allow you to seek compensation for:
- Your medical expenses
- Property damage, such as damage to your bike or any other personal property like clothes or jewelry
- Physical pain and suffering
- Scarring and disfigurement
- Emotional distress
- Loss of enjoyment of life
- Reduced quality of life
- Lost income
- Reduced earning capacity
- Wrongful death damages (if you lost a loved one in a crash)
Parties That May Be Liable for Your Motorcycle Injuries, Even If You Weren’t Wearing a Helmet
Your lawyer can determine who owes you compensation after they assess your case. In many cases, the liable party is:
- Someone who was driving drunk, distracted, or otherwise not dedicating their full attention to the road
- A driver who was following too closely or did not adjust their speed to road conditions
- A government entity, if damage to a road or street sign caused the accident
- A maintenance technician
- A vehicle parts manufacturer
- Another motorcyclist
Regardless of the cause of your accident, you could be entitled to compensation. You should contact an attorney as soon as possible after an accident. Your state has a filing deadline for filing a lawsuit against the liable party. In Florida, Florida Statutes § 95.11 generally gives injured accident victims two years from the accident date to sue liable parties for damages.
Call Us Today – We Can Explain How Florida’s Helmet Laws Affect Your Case
State motorcycle helmet laws may play a role in your case, but you could recover compensation even if you were not wearing a helmet. The lawyers at the Law Offices of Wolf & Pravato are ready to analyze your case. Contact us today for your free initial consultation at (954) 633-8270. The sooner you reach out to us, the better.