How Does Not Wearing a Helmet Affect a Bicycle Accident Case in Florida?

Bicycle accidents are quite common in Florida and often result in serious injuries and unforeseen costs for riders. If you were in a bicycle accident and weren’t wearing a helmet, you might be concerned that this choice could negatively impact your chances of recovering compensation. The good news is that Florida law provides important protections for cyclists, even in such situations. However, not using a helmet can still affect how a claim is handled.

If you’ve been injured in a bicycle accident, understanding when and how not wearing a helmet can affect your case is vital for protecting your rights.

Florida Helmet Laws

Florida law is relatively lenient when it comes to helmet use for adult cyclists. Riders aged 16 and older are not legally obligated to wear a helmet. However, minors are required to wear helmets that are properly fitted and comply with federal safety standards.

Not wearing a helmet does not lead to criminal charges or points on your driver’s license, though an officer may issue a citation or fine. More importantly, Florida law states that not using a helmet generally cannot be treated as proof of negligence in a civil case.

Does Not Wearing a Helmet Affect Liability?

In most bicycle accident cases, the main concern is determining who caused the crash, not whether the cyclist was wearing protective equipment. Florida follows a modified comparative negligence rule, which means that each party involved is assigned a percentage of fault.

According to Florida Statutes section 768.81, if you are deemed more than 50% responsible for the accident, you will be unable to recover damages. Conversely, if your fault is 50% or less, your compensation will be diminished according to your percentage of fault.

Typically, helmet use does not determine fault. For instance, if a driver was speeding, distracted, or failed to yield, they may still be held liable regardless of whether you were wearing a helmet.

How Helmet Use Can Affect Your Compensation

While not wearing a helmet usually does not affect liability, it can have an impact on how damages are assessed, especially in cases involving head or brain injuries. Insurance companies and defense attorneys may argue that your injuries were more severe because you were not wearing a helmet. Although such arguments do not eliminate your right to compensation, they may be used to justify lowering a settlement or jury award.

Helmet Laws and Minor Victims

If a child under 16 is hurt in a bicycle accident and wasn’t wearing a helmet, it can raise extra legal questions. Since the law requires minors to wear helmets, a court may consider whether a parent or guardian failed to ensure the child complied with the law.

Even so, not wearing a helmet still can’t be used to prove fault. It may only come up when looking at the extent of the injuries or a parent’s responsibility.

Protecting Your Bicycle Accident Claim

After a bicycle accident, you need to act quickly to protect your claim. Seek prompt medical care, document the scene, avoid speaking to insurers about fault, and consult an attorney. A skilled personal injury attorney can challenge helmet-related arguments, gather evidence, and pursue the compensation you deserve.

Contact Us for Legal Help

If you were injured in a bicycle accident, contact an experienced Orlando bicycle accident lawyer today at Orlando Accident Attorneys to pursue the compensation you deserve.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html