Motorcycle accidents can be scary and have serious consequences. That’s why wearing a helmet is important for your protection when riding a motorcycle but it does more than protect your health. It can also protect your legal rights if you are involved in an accident.
Know Florida’s helmet laws and injury claims
Florida’s helmet and negligence laws are different from each other. Thus, being compliant with the other does not mean you have protection for both. Here’s what Florida companies should understand about helmet laws, fault and evidence after a crash:
- Understanding Florida’s helmet requirements: Under Florida law, motorcycle riders under 21 years old must wear helmets when riding motorcycles. Riders who are 21 or older may ride without a helmet if they have at least $10,000 in medical insurance coverage for motorcycle crash injuries.
- Learning how helmet use can affect your injury claim: Florida follows a modified comparative negligence rule. If your actions, such as choosing not to wear a helmet, contributed to your injuries, your compensation may be reduced.
If you are found more than 50% at fault overall, you could be barred from recovering compensation entirely. - Collecting evidence after a motorcycle crash: In case you have been in an accident, do not throw away your helmet and other equipment; keep it. Preserving these will help your case by establishing how the accident caused your injuries.
Some injuries may not show symptoms right away. It is therefore advisable to get medical help after an accident even if you do not feel any discomfort initially. Also make sure to keep documentation of your treatment, medical bills and other losses, as they can be important evidence for your case.
Protecting your injury claim by wearing a helmet
If an insurance company raises your helmet use as a reason to reduce your compensation, you do not have to accept that argument at face value. Speaking with a lawyer early, before you give a recorded statement or accept a settlement offer, can help protect your claim from the start. They can help evaluate whether the claimed connection between your injuries and your helmet use actually holds up. They may also make sure any fault allocated to you is based on evidence rather than assumption.