Helmet Defense for Motorcycle Accidents!
There are many motorcycles to be found in the sunshine state of Florida. You can find more than 5, 00, 000 registered motorcycles in the state. During the cases of motorcycle accidents that cause injuries and wrongful deaths there is a common question raised, is it necessary to wear helmets in the state of Florida? Do the motorcycle riders have the right to forgo wearing helmets? If they do wave this right, is it going to affect their injury claim? The answers to these questions depend largely on your age, the kind of insurance you possess, and if you have suffered neck/head/facial injuries.

Motorcycle accidents and helmet laws in Florida

Florida does have a helmet law in place, however; it is not applied universally as it was before the year 2000. A helmet is mandatory for the rider under the age of 21 and for those that do not possess an insurance policy with a minimum of $10,000 cover in terms of medical benefits for the injuries caused during a motorcycle accident. When you are older than 21 and have the right amount of indemnity there is no need to wear the helmet. Also, keep in mind that all motorcycle riders are needed to wear protective eyewear in the state of Florida.

If you have chosen not to wear a helmet, it will not stop you from filing your injury claim in Florida. However, in many cases, it may affect the amount of compensation you are awarded. As motorcycle accidents many times result in a lot of injuries to the rider or the passenger, you must get hold of an experienced injury lawyer in Florida for running the case on your behalf.

Legal angle for the use of helmets during motorcycle accidents in Florida

The state of Florida uses a comparative fault system to decide the legal responsibility of a motorcycle accident or any other kind of crash case. It means you can pursue an accident claim even when you are partially at fault. If a helmet was absent at the time of the accident the defense may use a tactic called helmet defense for reducing the damages amount. This line of defense implies that although it was the fault of the other driver you can be held partially responsible due to the negligence that resulted in the injuries by not wearing a helmet.

Wearing a helmet might not be a factor in some motorcycle accident cases. For instance, if a driver runs a red light and crashes into your vehicle causing broken legs and you have not suffered any head injuries, your decision of not wearing a helmet might be irrelevant to the claim. But, if the accident knocked you off the bike and the head struck the pavement resulting in brain injuries, the defense counsel will argue that the head injury could have been prevented if the rider was wearing a helmet. Comparative faults have to be supported by the witnesses and their testimonies. This can also be refuted by the attorney representing you in the court.

If the helmet defense is successful in the claim of a comparative fault our damages are likely to be substantially reduced. For instance, in the example given above, if the red light runner is found to be negligent and liable for 80% of the damages and you are considered to be 20% at fault, for a $1, 00,000 claim, you will receive just $80,000 in damages. These are the situations where experienced motorcycle accident lawyers are so important. They are aware of the tactics used by defense lawyers and insurers and how to challenge them. If you live in Tampa, FL area you can get in touch with Rojas Law Group if you have any queries about a motorcycle accident claim.

Picture Credit: Freepik

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *