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Can I File a Motorcycle Accident Claim If I Wasn’t Wearing a Helmet?

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.

What Our Clients Say
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The attorneys at Donaldson & Weston helped me get an amazing result on my case. Obviously I’ve been through a lot physically but I feel better now and the money really helped my family. When I was riding my bicycle I was hit by a truck that wasn't paying attention. I am not the suing type, but I would definitely hire this firm again. - M.P.
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After my accident, i felt like I was being pulled in a bunch of different directions. I really didn't know what to do and all I wanted was someone to shoot me straight. The lawyers at the firm were so honest and definitely pointed me in the right direction. The staff was professional. I think it’s great that only attorneys work on my case, it definitely made me feel comfortable - D.L.
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After my accident happened I waited to hear back from the insurance company for about 6 months. I just felt like they kept jerking me around. They even told me not to hire an attorney because it would mean less money in my pocket. I couldn't wait any longer because my bills were out of hand. I hired this firm and they were solid. I got a great result without having to go to court. - S.C.