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At Viles & Beckman, our legal team has over 40 years of experience helping injury victims recover their economic and non-economic damages. Our Fort Myers motorcycle accident lawyers explain how not wearing a helmet can impact your claim.
What Are Florida’s Negligence Laws?
A significant tort reform that passed in 2023 changed the state from a pure comparative negligence system to a modified comparative negligence system. Under the modified system, if you are more than 50% responsible for your injuries, you won’t be eligible for compensation.
Under a modified comparative negligence approach, the court will consider both parties’ actions to determine what percentage of fault each one bears for the incident. This includes looking at things like speeding, distracted driving, failure to follow traffic laws, and whether proper safety precautions were taken.
The trier of fact, which is usually a jury, assigns a percentage of negligence to each party involved in the case. For example, they may find the motorcyclist 30% at fault for speeding while finding the driver of the car that hit them 70% at fault for an improper lane change.
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Do Motorcyclists in Florida Have to Wear Helmets While Riding?
For riders who are 16 to 21 years old, they must wear a helmet while riding their motorcycle. However, there is an exemption to wearing a helmet if you meet the conditions. As the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains, the helmet exemption may apply to you if:
- You are 21 years or older and
- You have insurance that provides you with $10,000 in medical benefits
If you meet both of these conditions, then it is legal for you not to wear a helmet. However, our legal team always recommends wearing one to prevent life-threatening injuries such as traumatic brain injuries.
How Can Not Wearing a Helmet Impact Your Motorcycle Accident Claim?
Insurance companies and courts may consider helmet usage when assessing liability and damages in a claim. If it’s determined not wearing a helmet exacerbated your injuries, you may be found contributorily negligent. This means your damages could be reduced proportionally depending on how much extra harm resulted from being unprotected.
There is also a risk that not taking basic safety precautions with a helmet could undermine a rider’s case if liability is disputed. The other party’s defense may argue you failed to mitigate risks and should shoulder some blame.
Additionally, any long-term costs associated directly with brain injuries that may have been prevented or lessened with a helmet can be difficult to recover fully. The at-fault party is typically only liable for direct consequences of their actions.
Click To ContactHow Much Time Do You Have to File a Motorcycle Accident Claim?
Florida has a two-year statute of limitations for personal injury claims arising from motorcycle accidents. This deadline requires that you take legal action against any potentially liable parties within two years of the crash date.
The clock starts ticking on the day of the accident. If you don’t file a claim before the second year since your accident, you forfeit your right to compensation regardless of fault or injuries. You should meet with an attorney well in advance of the two-year deadline to investigate the case and determine a strategy.
An attorney can negotiate with insurers or file a lawsuit if needed to stop the clock. Failing to consult counsel risks missing opportunities and losing a valid claim if the statute of limitations expires. To ensure full consideration of all options for maximum recovery, seek legal guidance immediately after any motorcycle accident.
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How Can a Motorcycle Accident Lawyer Help You With the Filing Process?
After a motorcycle crash, going through the legal process alone can be challenging, but a motorcycle accident attorney from Viles & Beckman can provide valuable assistance in meeting critical deadlines and requirements for your claim. Here are some ways a lawyer can help:
- Properly file notices and documents within the statute of limitations to preserve your right to compensation.
- Request medical records and bills to fully document injuries, treatment, and costs of care for your case.
- Thoroughly investigate the accident scene, request evidence, and interview witnesses to build a strong liability argument.
- Negotiate with insurance providers from a position of legal experience, understanding policy limits and settlement tactics.
- Prepare a demand letter outlining your losses and make a formal claim for damages.
- Advise on the next steps if negotiations stall, such as filing a lawsuit and managing the litigation workflow.
- Guide you through medical exams, depositions, and court proceedings as your case progresses.
What Damages Can You Recover if You’re Eligible for Compensation?
Even if you weren’t wearing a helmet and you’re less than 50% at fault for the accident, you can recover damages to pay for the losses you’ve experienced. Some of the damages you can recover include:
Past and Future Medical Expenses
If you are not found primarily at fault, you can recover all medical costs directly resulting from injuries sustained in the accident. This includes any emergency response and hospitalization, as well as follow-up care like surgeries, prescriptions, physical therapy, and prosthetics.
You may also be able to claim compensation for long-term care if your injuries require ongoing treatment and management of health issues. With the help of a lawyer, you can gather your medical records and bills to prove these expenses and ensure full recovery of your economic losses.
Lost Wages
Injuries preventing you from working after the accident entitle you to lost wages due to missed time on the job, overtime opportunities, or potential career advancement. If your situation warrants it, you can seek damages for a temporary or permanent disability that reduces your future earnings capacity.
An attorney will assist you in documenting your employment history, and consulting experts will provide an analysis of wages and benefits you likely lost due to the injuries from the motorcycle crash. This supports strong arguments for wage-loss compensation.
Pain and Suffering
No financial award can actually undo hardship caused by injuries. Still, damages are intended to acknowledge suffering caused by physical and emotional trauma like scarring, PTSD, and reduced quality of life.
The severity and long-term effects of your prognosis will influence awards for these types of damages. A lawyer fights to attain a fair amount to see you appropriately compensated for non-economic losses and suffering after enduring an accident caused by someone else’s negligence.
Learn More About How Not Wearing a Helmet Can Impact Your Motorcycle Accident Claim
If you suffered injuries in a motorcycle accident but you weren’t wearing a helmet, you can still pursue a claim. Our motorcycle accident attorneys at Viles & Beckman can help you understand your rights when you’re in a motorcycle accident without a helmet.
Contact us to learn more about taking on the legal process after a motorcycle accident.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
