Impact of Helmet on Your Motorcycle Accident Claims

A helmet on the road

Florida motorcycle accident victims often worry about whether wearing a helmet will damage their personal injury claims. The answer is not a straightforward yes or no. Many factors influence the outcome of a motorcycle accident case, not just the presence or absence of a helmet.

Understanding Florida helmet laws for motorcycles is a crucial component of any case, but not the only one. Florida only mandates helmets for riders under 21. If you’re 21 or older and hit by a car while unhelmeted, nothing prevents you from filing a legal claim against the at-fault driver. However, insurance companies may argue that wearing a helmet makes you partly responsible for your injuries. These disputes make it essential to consult an experienced motorcycle accident lawyer before entering settlement negotiations.

Zimmet and Zimmet is a respected Daytona Beach personal injury law firm serving clients throughout Florida. We know motorcycle accidents. With longtime family roots in the Daytona Beach community, we see hundreds of thousands of motorcycles enter our town each year for Bike Week, and it’s no secret that Florida’s a great state to visit by bike. Unfortunately, our lawyers also have firsthand experience working with people who have suffered devastating injuries in motorcycle crashes. Our mission is to obtain justice for them.

Did you or a loved one get hurt in a motorcycle wreck? Let our law firm help. Our track record includes numerous six- and seven-figure settlements and verdicts for injured people, including $2 million for a motorcycle accident victim just like you.

Call or contact us today for a free consultation.

What Riders Must Know About Florida’s Helmet Laws

Florida requires motorcyclists to wear a helmet unless they are at least 21 and have an insurance policy that provides at least $10,000 in medical benefits. For those who must ride helmeted, the helmet must also comply with the federal Department of Transportation’s Federal Motor Vehicle Standard No. 218.

The DOT conducts safety testing to determine the type of helmet that best protects the head and brain in a crash. A DOT-compliant helmet should have a label on the back with the wording that includes: manufacturer and/or brand, model designation, DOT, FMVSS No. 218, CERTIFIED. Labels on certified helmets made before May 13, 2013, simply read DOT.

In addition, Florida requires motorcyclists to wear eye protection while biking.

The Impact of Helmet Laws on Motorcycle Accident Injury Claims in Florida

Florida’s personal injury laws govern when and how a motorcycle rider can pursue compensation for motorcycle accident injuries. Most motorcycle accidents result from negligence — a legal term that essentially means carelessness. A party that behaves with less than the usual amount of care expected of them under the circumstances is negligent if their actions injure someone else.

When motorcycle collisions happen, attorneys and insurance companies scrutinize the situation to determine who is at fault. In many car accidents, more than one party could be at fault. The same is true for motorcycle wrecks.

In cases of partial fault, Florida uses a modified comparative negligence rule to apportion compensation among the responsible parties by assigning each a percentage of the blame. In Florida, you can still recover compensation if you are no more than 50 percent responsible for your injuries. However, the amount you receive will be reduced by your portion of fault.

So, where does the motorcycle helmet come in? Comparative negligence looks at whether you contributed to your injury in any way. If you suffered a traumatic brain injury in a motorcycle crash, the opposing party could argue you caused your head injury or made it worse by not wearing a helmet. In other words, Florida motorcycle helmet law may allow you to ride unhelmeted, but it doesn’t guarantee your right to full compensation.

It’s important to note that there are complex laws that surround finding other sources of recovery beyond the at-fault drivers’ insurance policy. It is extremely important to hire an experienced lawyer who not only understands how to find other sources of recovery, but will leave no stone unturned during the investigation to find them. Many times, this is the difference between no recovery and recovering millions of dollars.

How Can a Motorcycle Accident Lawyer Protect My Right to Compensation?

The impact of not wearing a motorcycle helmet in a motorcycle accident claim can be significant, but an experienced personal injury lawyer can help you fight against unfair insurance tactics.

Depending on the facts, a skilled attorney might persuasively argue that your failure to wear a motorcycle helmet did not cause the crash and is therefore irrelevant when assigning fault. Proof of the other driver’s negligence may come through evidence like:

  • Police accident reports
  • Accident scene photos
  • Physical debris and skid marks
  • Security or dashcam footage
  • Eyewitness testimony
  • Cell phone logs and other digital data
  • Accident reconstruction analyses