Helmet laws play a significant role in both bicycle and motorcycle accident claims, influencing the outcome of personal injury cases. Wearing a helmet can greatly reduce the severity of injuries in the event of an accident, but when a rider is not wearing one, it can complicate the claims process. Understanding how helmet laws affect your claim is essential if you’ve been involved in an accident.
Table of Contents
1. State-Specific Helmet Laws
Helmet laws vary by state, with some requiring all riders to wear helmets, while others mandate helmet use only for minors or under certain conditions. For instance, Florida requires motorcyclists under 21 to wear helmets, but those over 21 can choose not to if they have adequate insurance coverage. Bicyclists are typically subject to less stringent laws, but some states or cities require helmets for young riders.
Knowing the helmet laws in your state is crucial to understanding how they may impact your accident claim. If you were following the law at the time of the accident, it can strengthen your case and demonstrate your commitment to safety.
2. Comparative Negligence
In states that follow comparative negligence rules, not wearing a helmet can reduce the compensation you receive, even if the accident wasn’t your fault. If the insurance company or court determines that your injuries were made worse by not wearing a helmet, they may assign a percentage of fault to you, reducing your settlement or court award proportionally.
For example, if you were found to be 20% at fault for not wearing a helmet, and your damages totaled $100,000, your compensation could be reduced to $80,000.
3. Helmet Use and Head Injuries
The absence of a helmet often leads to more severe injuries, particularly head trauma, in accidents. This can make it harder to prove liability, as insurance companies may argue that your injuries wouldn’t have been as severe had you been wearing a helmet. However, an experienced personal injury attorney can help counter these claims by focusing on the negligent actions of the driver who caused the accident.
In conclusion, helmet laws can significantly impact your accident claim, especially in determining fault and the compensation you may receive. Following helmet laws and consulting a personal injury attorney can help protect your rights and maximize your compensation after an accident.
An expert from Pipas Law Group authored this post. The Pipas Law Group is a downtown St. Petersburg and downtown Tampa personal injury and civil rights litigation law firm. Dog bites, motorcycle accidents, slip and fall incidents, medical negligence, and automobile accidents are among the areas in which our personal injury lawyers excel. At Pipas Law Group, you will always speak with and work with the attorney on your case, not a case manager or paralegal. We take the very best care of our clients as possible, because that is what we would want for our families. Click here to learn more!