Can Not Wearing a Helmet Impact a Motorcycle Accident Settlement in Florida?

Biking culture is widespread throughout the state of Florida. From Panama City's Thunder Beach Rallies to Biketoberfest and Daytona Bike Week, there is no shortage of motorcycle events to enjoy throughout the year. This popularity, combined with Florida's relatively lax motorcycle helmet regulations, creates a complicated situation when accidents occur.

Motorcycle crashes are dangerous, unpredictable events that no rider wants to experience. Fortunately, 911 Biker Law is here to help when the unexpected occurs. While not wearing a helmet may impact your accident settlement in Florida, these cases are highly fact-specific and involve several important legal nuances. Continue reading to learn about Florida’s helmet regulations and how these can impact your accident settlement.

Florida Motorcycle Helmet Laws

While Florida law is designed to encourage riders to wear DOT-approved motorcycle helmets at all times, it is not illegal for riders above the age of 21 to ride without a helmet, provided they have adequate medical insurance coverage. As such, your motorcycle accident settlement cannot be denied solely because you were not wearing a helmet at the time of the crash.

Florida law requires the following:

• All riders under 21 years of age must wear a DOT-approved helmet at all times.
• Riders over the age of 21 may choose not to wear a helmet if they carry at least $10,000 in medical insurance coverage.
• Riders of all ages must wear protective eyewear at all times.

How This Can Impact Your Accident Settlement

First and foremost, it is important to understand that failure to wear a DOT-approved helmet does not absolve the at-fault driver of liability. Wearing a helmet does not prevent accidents from happening; it only minimizes injury after the fact.

The key word here is "minimizes". The state of Florida follows a modified comparative negligence rule, wherein riders who are more than 50% at fault for an accident cannot recover damages from the other involved parties. Failure to wear an appropriately protective helmet can raise this percentage in court. The more "at fault" you are considered, the less compensation you will be able to recover.

Generally, failure to wear a helmet will only impact the settlement amount if there is reasonable belief that a DOT-approved helmet would have significantly reduced the severity of your injuries. Regardless of your personal circumstances, it is always a good idea to contact a motorcycle accident attorney as soon as possible to ensure you receive the highest settlement amount that you can in your individual motorcycle accident case.

When Helmet Use Is Likely To Impact Your Settlement

Insurance companies and defense attorneys are most likely to push back on your settlement amount if your injury would have reasonably been less severe had you been wearing a helmet at the time of the accident.

Contact one of our motorcycle accident attorneys as soon as possible if your injuries are related to the brain, skull, face, head, or neck, as these kinds of injuries are the most likely to be directly related to helmet use. If you have injuries that are unrelated to helmet use, such as broken legs, road rash, spinal injuries, or internal injuries, the lack of a helmet may be less relevant in your case.

How an Experienced Motorcycle Accident Lawyer Can Help

If you are dealing with the aftermath of a motorcycle accident in Florida, you're not alone! 911 Biker Law's team of highly qualified motorcycle accident attorneys can help you maximize your settlement whether or not your injuries are related to your failure to wear a helmet. Contact us to schedule your free consultation today!

Key Takeaways

• Not wearing a helmet does not automatically make you at fault for a motorcycle accident.
• Florida allows riders over 21 to ride without a helmet if they have qualifying insurance coverage.
• Lack of helmet use may affect compensation if it worsened your injuries.
• Helmet use is most relevant in cases involving head, brain, facial, or neck injuries.
• A motorcycle accident lawyer can help push back against unfair blame from insurance companies.

Frequently Asked Questions

What Should I Do After Getting Into a Motorcycle Crash?

The first thing you should do after getting into a motorcycle accident is seek immediate medical attention. Be sure to document as much as you can about the crash and your injuries. Once you are able, call one of our motorcycle accident attorneys as soon as possible so we can help you get a head start on your settlement claims.

Do I Need To Wear a Motorcycle Helmet In Florida?

If you are over the age of 21 and carry at least $10,000 in medical insurance coverage, then you do not have to wear a motorcycle helmet in the state of Florida.

Does Not Wearing a Helmet Make Me at Fault for My Accident?

For the most part, no. Not wearing a helmet does not automatically make you at fault for the accident itself. However, depending on your injuries, the insurance company may argue that your lack of helmet use contributed to the severity of your damages, which could reduce the amount you are able to recover.

Can My Motorcycle Accident Claim Be Denied Because I Was Not Wearing a Helmet?

No. In most cases, your claim cannot be denied solely because you were not wearing a helmet at the time of the accident. However, the insurance company may argue that your compensation should be reduced if your injuries would have been less severe with a DOT-approved helmet.