Can You File a Personal Injury Claim if You Were Not Wearing a Motorcycle Helmet?
Motorcyclists hear a lot of talk regarding the use of helmets when on their bikes. There is a lot of information out there, including what the law requires, what is optional, and whether you can file a personal injury claim if you were not wearing one. While people may offer this information with the best of intentions, it can also be confusing and make the days and weeks following a crash more complicated. Below, our Tampa motorcycle accident attorney explains in greater detail.
What are the Motorcycle Helmet Laws in Florida?
In Florida, all riders under the age of 21 years old must wear a motorcycle helmet that is compliant with the U.S. Department of Transportation. Riders who are 21 years of age or older do not have to wear a helmet if they purchase at least $10,000 in medical benefits insurance. Riders without this insurance must still wear a helmet, regardless of their age.
It is recommended that all riders in Florida wear a motorcycle helmet when on their bikes. It is an important part of safety gear that can minimize injuries in the event of a crash. Wearing a helmet can also make filing a personal injury claim less complicated.
Fault vs. Damages After a Motorcycle Accident
The terms ‘fault’ and ‘damages’ are both important in personal injury claims, and it is important to differentiate between the two. If a driver’s failure to yield, careless left turn, or distraction caused the crash, they are at fault and you can file a personal injury claim against them. The no-fault auto insurance laws in Florida do not apply to motorcycles and so, it may still be possible to file a claim against a negligent driver.
The term ‘damages’ refers to the financial compensation awarded in personal injury claims. While failing to wear a helmet may not bar you completely from filing a claim after a crash, it may reduce the total damages you receive.
How Insurance Adjusters Will Use Lack of Helmet Use Against You
Although you may still be entitled to compensation if you were not wearing a helmet during a motorcycle accident, the insurance company will use it against you to reduce your damages. You do have a duty to try and reduce your total injuries during a crash. For example, this often includes seeking medical treatment right away. The insurer will argue that it also includes wearing a helmet to reduce head and brain injuries.
Still, you will likely sustain injuries that do not impact your head or brain. For example, road rash along the limbs, broken bones, and burns are just a few types of common injuries sustained during a motorcycle accident. You still deserve full compensation for these injuries even if you were not wearing a helmet. An attorney can also collect evidence that directly links your injuries to the accident and prove that you were compliant with the law, even if you were not wearing a helmet.
Our Motorcycle Accident Attorney in Tampa Can Prove Your Case
Insurance companies use many tactics to deny personal injury claims, and the lack of helmet is just one argument they will use. At Moore Law, our Tampa motorcycle accident attorney can overcome these challenges and help you pursue the full damages you are entitled to. Call us now at 813-510-5400 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.211.html
