Miami Personal Injury Lawyer Blog
Yes, not wearing a helmet can affect your Miami motorcycle accident case by reducing your compensation. Florida follows comparative negligence, meaning insurers may argue your injuries were preventable. However, you can still recover damages if another party was at fault.
Many riders choose to wear a helmet for safety reasons, but this choice of headgear could impact your rights. A Miami motorcycle accident attorney will assist with the complications, and some background is crucial about helmet use and your claim.
Florida’s Motorcycle Helmet Laws
The Florida motorcycle helmet statute contains a number of key provisions:
- It requires motorcyclists under 21 to wear a helmet.
- Riders over 21 can opt out if they carry at least $10,000 in medical insurance coverage.
- The helmet must include an eye-protective device.
Still, Miami roads pose risks, and helmet use significantly reduces head injuries. Even though Florida allows some riders to forgo helmets, failing to wear one can still impact a personal injury claim. Understanding these laws is essential for protecting your rights after a motorcycle accident in Miami.
Helmet Usage and Your Miami Motorcycle Accident Claim
If you are injured in a motorcycle crash in Miami and weren’t wearing a helmet, the insurance company may argue that your injuries were partially your fault. Florida follows a comparative negligence rule, meaning your compensation could be reduced if the other party proves that your lack of a helmet contributed to your injuries. While you may still recover damages, not wearing a helmet can complicate your case and lower your potential settlement.
Insurance Company Tactics Against Injured Motorcyclists in Miami
Insurance adjusters often try to minimize payouts by arguing that a motorcyclist’s injuries could have been prevented with a helmet. In Miami motorcycle accident cases, they may:
- Present medical evidence claims that head injuries were worsened by a lack of helmet use
- Point to medical records showing facial trauma resulting from a protective shield
- Rely on government data and studies on helmet use
Even if another driver’s negligence caused your accident, insurers may attempt to reduce liability by blaming the extent of your injuries on the absence of a helmet.
Miami Motorcycle Accident Lawyer Can Help After a Crash—Helmet or Not
A skilled Miami motorcycle accident lawyer can counter insurance company arguments and fight for full compensation. They can present medical expert testimony to show that your injuries were caused by the crash, not just the absence of a helmet. Additionally, they can highlight the other driver’s negligence and argue against unfair blame-shifting tactics.
Consult with a Miami Motorcycle Accident Lawyer Right Away
Wearing a helmet is wise from a safety perspective, as well as legal compliance for certain motorcycle riders. However, if you were injured in a motorcycle accident without a helmet, you may face challenges when seeking compensation. Insurance companies often try to reduce payouts by arguing that your injuries were preventable. At Gerson & Schwartz, PA, our experienced motorcycle accident lawyers understand how to fight these tactics. Please call (305) 371-6000 or go online to schedule a free consultation and discuss your legal options.
