In Florida, motorcycle riders over the age of 21 can legally ride without a helmet, as long as they carry at least $10,000 in medical insurance coverage. But if you’ve been injured in a crash and didn’t have a helmet on, you might be wondering: Will that hurt your case?
If you’re already looking for a motorcycle accident attorney in Florida, you’ve likely got questions about how helmet use could impact your injury claim. The answer? It depends on the facts of your case, but here’s what you should know.
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Florida Helmet Law Basics
Florida’s law gives adult riders the freedom to choose, but that freedom comes with responsibility. If you weren’t wearing a helmet and suffered a head or facial injury, the insurance company may argue that you contributed to your injuries. This is where Florida’s comparative negligence rule comes into play.
What Is Comparative Negligence?
In Florida, you can still recover damages even if you were partially at fault. But your compensation can be reduced by the percentage of fault assigned to you. So if a jury finds you were 20% at fault for not wearing a helmet, your total award could be reduced by 20%.
That said, if your injuries had nothing to do with your head—say a broken leg or spinal damage—the fact that you weren’t wearing a helmet might not matter at all. And even if your head was injured, the other driver can still be held accountable if they were negligent.
Why You Need an Attorney
Insurance companies love to use helmet non-use as a reason to deny or undervalue claims. A skilled motorcycle accident attorney in Florida will know how to push back against those arguments, especially when the injuries were caused by the crash itself, not your choice of gear.
Attorney Kevin Sullivan has handled complex motorcycle cases across Florida, including those involving helmet questions. If you’ve been hurt in a motorcycle crash, don’t guess about your rights. Call (813) 598-4868 for honest advice and strong representation.
Wearing a helmet is always a smart move for your safety, but if you weren’t, that doesn’t mean you lose your right to compensation. Every case is different, and with the right legal help, you can still seek the recovery you deserve.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your Wesley Chapel motorcycle accident lawyer and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.