Can I File a Motorcycle Accident Claim If I Wasn’t Wearing a Helmet?
Unlike most other states, motorcycle riders in Florida aren’t required by law to wear a helmet if they’re older than 21 and have an insurance policy that includes at least $10,000 in medical coverage. Depending on the circumstances, though, failure to wear a helmet could be considered negligent, which can complicate matters if you have to file a personal injury claim after an accident.
In tort law, negligence refers to a failure to exercise a level of care that a reasonable person would have exercised under the same circumstances. Because it’s common knowledge that wearing a motorcycle helmet is an essential part of rider safety, choosing not to wear one could adversely affect your accident claim if a helmet would have prevented the injury or reduced its severity.
If you are in this situation, it’s important that you contact a motorcycle accident attorney right away. At Donaldson & Weston, we have represented hundreds of clients in personal injury and wrongful death cases, many of which involved shared liability. Call 772-266-5555 to schedule a free consultation.
Let’s explore the potential outcomes of getting into a motorcycle accident when you are not wearing a helmet:If You Do Not Sustain a Head Injury
A head injury is just one of dozens of possible wounds you can sustain in a motorcycle accident. In fact, about 1 in 3 non-fatal injuries resulting from these wrecks affect the legs and feet.
If you happen to sustain a serious injury in the lower half of your body, the fact that you weren’t wearing a helmet probably won’t affect your claim. As long as your attorney can prove wearing a helmet would not have reduced the severity of the damages you incurred, it should not bar you from recovering a payout.If You Sustain a Head Injury
Recovering compensation for a head injury can be more challenging if you weren’t wearing a helmet at the time of the accident. Since the state of Florida follows a pure comparative negligence system, though, you may still be able to recover at least some compensation for your damages.
In a pure comparative negligence system, a claimant’s total payout is reduced by his or her own percentage of fault. In other words, if you incurred $100,000 in damages but are deemed 30 percent at fault because you weren’t wearing a helmet, you would still be able to recover up to $70,000.Discuss Your Case with a Motorcycle Accident Lawyer in Florida
If you want to file a motorcycle accident claim in Florida, turn to Donaldson & Weston for strategic guidance at every stage of the proceedings. We are proud to help injured parties put their lives back together. Call 772-266-5555 or fill out our Contact Form to schedule a free case evaluation with a personal injury attorney.