Can Not Wearing My Motorcycle Helmet Affect My Personal Injury Claim?

According to the Centers for Disease Control and Prevention (CDC), motorcycle helmets save over 1,800 lives annually. Helmets reduce the risk of death by 37% and the risk of head injury by 69%. It is clear that wearing a motorcycle helmet is an important way to stay safe. However, motorcycle helmets are not required in Florida.

Florida Motorcycle Helmet Law

Florida Statutes 316.211 provides that an individual over 21 years of age is not required to wear a motorcycle helmet if they have medical insurance coverage of at least $10,000. This means that many motorcycle riders are not required to wear helmets. Many riders choose not to because they believe they are uncomfortable or restrict their sense of freedom.

Motorcycle Helmets and Your Personal Injury Claim

While it is not required by Florida law to wear a motorcycle helmet, a failure to do so may have an impact on your personal injury claim. If you are involved in an accident with a motorist who was driving negligently, you may want to make a personal injury claim. Often times, multiple parties can be liable for the injuries sustained in an accident, and in some cases, the accident victim can also be found partially liable.

Florida is a pure comparative negligence state, which means that a person filing a personal injury claim may have their recovery reduced by the percentage they are found to be responsible for causing the accident. If you sustain a head injury in a motorcycle accident and you were not wearing a helmet, it may be found that you were partially responsible for your own injuries even though another driver caused the accident. Some fault on your part may be assessed if it is found that wearing a helmet could have prevented your injury or made the injury less severe. This does not mean that you can’t pursue compensation. It just means that your compensation may be less than it would be if you had been wearing a helmet.

Contact a Tampa Bay Motorcycle Accident Attorney

If you were injured in a motorcycle regardless of whether you were wearing a helmet, you might want a trusted motorcycle accident attorney on your side. At Abrahamson & Uiterwyk we’ve been helping injured motorcyclists in Tampa Bay for over 30 years. Contact us online or call us at 800-753-5203 to set up your free consultation today.