Understanding Florida’s Helmet Law and its Implications for Motorcycle Accident Victims
Motorcycle riding comes with a unique blend of freedom and risk. On the open roads of Florida, riders are directly exposed to the elements, making motorcycle accidents potentially more dangerous than other types of vehicular accidents. As a motorcycle rider or passenger, look to the Stuart, Florida personal injury law firm, Lance P. Richard, P.A. to help you understand Florida’s helmet law and how it impacts your legal rights in the event of an accident.
A Glimpse into Florida’s Helmet Law
Florida’s helmet law, outlined in Florida Statute 316.211, specifies that all motorcycle operators and riders under 21 must wear a helmet approved by the U.S. Department of Transportation. Those above 21 may choose not to wear helmets, provided they carry at least $10,000 in medical insurance coverage to handle potential accident injuries.
The Implications of Florida’s Helmet Law for Accident Victims
You might wonder, how does this law influence your rights and potential compensation as a motorcycle accident victim?
First, if you’re over 21, carry the necessary medical insurance, and choose not to wear a helmet, your decision cannot be used as evidence of negligence in a motorcycle accident claim. In other words, if you meet the law’s requirements and opt not to wear a helmet, this will not necessarily diminish your claim.
However, that doesn’t mean helmet use is irrelevant to accident claims. If an accident results in head injuries and you chose not to wear a helmet, the defense could argue that your decision contributed to the severity of your injuries. This could impact the damages you can recover under Florida’s comparative negligence rule. Moreover, if you’re under 21 and fail to wear a helmet, you could be found partially at fault for any head or brain injuries sustained in an accident, further affecting your compensation.
Protecting Your Rights After a Motorcycle Accident
If you’ve been in a motorcycle accident, it’s essential to consult with an experienced personal injury attorney to understand your legal rights and potential compensation. Lance P. Richard, P.A. has over 25 years of experience handling complex motorcycle accident cases and understands how Florida’s helmet law interacts with other state laws and can affect your claim.
Motorcycle accidents can lead to significant physical, emotional, and financial hardships, and navigating the legal process can add to the stress. We are dedicated to making this process as smooth as possible. From collecting evidence, and negotiating with insurance companies, to litigating your case in court if necessary, we strive to maximize your recovery and protect your rights. We use our extensive knowledge of Florida’s laws and our prior experience as big law attorneys to advocate strongly for our clients. If you or a loved one has been involved in a motorcycle accident in Stuart, FL, or surrounding areas, contact us today for a consultation. Let us put our experience to work for you, so you can focus on what matters most—your recovery.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.211.html
