Can You Receive Compensation For A Motorcycle Accident If You Weren’t Wearing A Helmet In Florida?
In most cases, you can receive compensation for a motorcycle accident if you weren’t wearing a helmet in Florida. However, this may reduce your payout.
Call us as soon as possible after your accident. We can fight for your best interests and pursue the maximum compensation available to you based on the facts of your case.
Florida Law Does Not Require Most Riders to Wear a Helmet
Like 27 other states, Florida has a partial helmet use law. Many adult motorcyclists in the Sunshine State take advantage of this law and opt not to wear a helmet when riding. Not wearing a helmet is legal when:
- The motorcyclist is age 21 or older; and
- They carry at least $10,000 in “medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.”
While it is legal to not wear a helmet in many cases, it may affect the value of your claim. We recommend always wearing a helmet when you ride, but if you suffered injuries in a motorcycle accident caused by another motorist, we will fight for your right to pursue full compensation for your medical care and expenses.
How No-Fault Insurance Coverage Works in Motorcycle Cases
If you own a car, you are likely aware that Florida’s auto insurance laws require drivers to carry at least $10,000 in Personal Injury Protection (PIP) insurance coverage. They have to turn to this no-fault policy before they can hold an at-fault driver liable for a car accident except in very specific circumstances. This law specifically excludes motorcycles and other two-wheeled motor vehicles, though. This means your PIP coverage will not pay out following a motorcycle accident.
You can opt to purchase medical payments coverage that works the same way a PIP policy would. This is in addition to the liability insurance the state requires you to carry. This policy will pay out to cover your accident-related medical expenses up to the limits of the policy. You can also hold the at-fault driver liable for your medical care and related expenses. This can be difficult, but it is often the best option.
Holding an At-Fault Motorist Liable for Your Injuries
Florida law allows motorcyclists to file fault-based claims after a motor vehicle versus motorcycle accident if they can prove the other driver caused the crash. However, Florida has comparative negligence laws on the books. This means you may be responsible for a portion of your own damages if you caused or contributed to the accident and your injuries.
If you suffered injuries to your head or face, the insurance company and their legal team might claim you are partially to blame since you were not wearing a helmet. If they can successfully prove this accusation, it could reduce how much they have to pay out in your case. You might recover less to help you pay your medical bills, repair your motorcycle, and cover your pain and suffering losses.
Recoverable Damages in a Fault-Based Accident Claim
We recommend giving us a call after any motorcycle injury. If this happens in your case, you will want aggressive representation to argue for full coverage of your medical bills and other losses. We may be able to pursue compensation for:
- Medical care and related expenses
- Ongoing care and future care
- Lost wages and diminished earning capacity
- Property damages
- Out-of-pocket costs
- Pain and suffering
- Mental anguish
- Wrongful death damages
How Chalik & Chalik Injury Lawyers Can Help You Pursue Compensation
At Chalik & Chalik Injury Lawyers, our attorneys know the tricks and tactics insurance companies sometimes try to use to reduce how much they have to pay accident victims. We will fight any allegations that you are partially at fault for causing or contributing to your own accident and present a strong case against the negligent driver.
If you suffered injuries in a motorcycle accident but were not wearing a helmet in Florida, or if this happened to a loved one and they passed away from their injuries, we are here to help you. Talk to a Florida motorcycle accident attorney about your case today. The team from Chalik & Chalik Injury Lawyers can review your case at no cost to you. Call us at 855-529-0269 today for your free consultation.