Can You Sue for a Motorcycle Accident if You Were Not Wearing a Helmet?
Many motorcycle riders in Tampa, and throughout Florida, prefer to ride without a helmet. While it is always recommended that riders wear a helmet to protect themselves from injury in the event of a crash, state law does not always require it. However, failing to wear a helmet can create issues when trying to sue a negligent driver for damages after a crash. Below, our Tampa motorcycle accident attorney explains in greater detail.
What is the Law on Motorcycle Helmets in Florida?
In Florida, all riders under the age of 21 are required to wear a helmet. Riders who are over the age of 21 can ride without a helmet as long as they carry proof of at least $10,000 in insurance coverage for medical benefits. When riders meet these requirements and are injured in a crash, they are still entitled to compensation because they were not breaking the law and so, they were not negligent.
Still, insurance companies will argue that riders not wearing a helmet do not deserve full damages because they did not try to mitigate their injuries. Even when a motorcyclist sustains a fractured skull or traumatic brain injury when they were not wearing a helmet, as long as they were not in violation of the law, they still have a right to damages.
Other Types of Injuries
Motorcycle helmets only protect a rider’s face, head, and perhaps their neck during a motorcycle accident. However, motorcyclists also sustain a number of other injuries during a crash. Some of these include road rash, which is an extensive network of cuts and scrapes on the arms or legs, broken legs, and spinal injuries.
Even when a rider was not wearing a helmet at the time of the accident, they may still be able to claim compensation even if they were not wearing a helmet at the time of the crash. This is because a helmet would not have mitigated or prevented those injuries and so, accident victims deserve compensation for them if the driver’s negligence caused the collision.
How to Maximize Your Compensation After a Motorcycle Accident
Even if you were not wearing a helmet at the time of the accident, it is still important to take certain steps to maximize your claim. These include:
- Take photos and video footage of the accident scene.
- Locate witnesses and ask them for their name and contact information.
- Seek medical treatment immediately for your injuries.
- Speak to a Tampa motorcycle accident attorney.
Call Our Motorcycle Accident Attorney in Tampa Today
Navigating the aftermath of a motorcycle accident is always complicated. Not wearing a helmet at the time can make it even more complex. At Moore Law, our Tampa motorcycle accident attorney can provide the strong legal representation you need, ensure your rights are upheld, and help you obtain the full and fair compensation you deserve. Call us today at 813-510-5400 or contact us online to request a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.211.html
