Motorcycle Accidents and Helmets: Who Is Liable?

Feb 14, 2017 @ 10:00 AM — by Steve Charpentier

Motorcycle Accidents and HelmetsMotorcyclists are often viewed as reckless drivers. They face a strong bias in court if they are involved in a motorcycle accident. The experienced attorneys at Charpentier Law Firm in Melbourne, FL can help clients understand how insurance companies and juries view motorcycle accidents and helmets (or lack of) to better prepare their cases. With skilled attorneys on your side, you can reach a settlement.

Florida Helmet Laws

The state of Florida does not require motorcyclists to wear a helmet. There are, however, stipulations. To legally ride a motorcycle without a helmet, you must be at least 21 years of age. You must also have an insurance policy that covers a minimum of $10,000 in medical expenses for injuries sustained in a motorcycle accident.

Physical Injuries

While Florida adults have the freedom to forego wearing a helmet, doing so is not without consequences. If you are operating a motorcycle without a helmet and are involved in an accident, you could suffer severe and life-threatening injuries.

The most common injury for helmetless riders is a head or brain injury. Motorcyclists may also suffer neck or spinal cord injuries that could result in paralysis. These injuries can cause permanent damage, affecting your ability to work and perform other, basic tasks.

Potential Liability

Regardless of who is at fault for the accident, if the motorcyclist was not wearing a helmet at the time of the accident, he or she could face partial liability. This sounds unreasonable since it is not against the law to ride a motorcycle without a helmet. As adults, we understand the risks of not wearing a helmet, though. Insurance companies, juries, and judges are also aware of these risks.

If you were truly not at fault for the accident, you are likely to receive some form of settlement. It is possible, however, that not wearing a helmet could result in receiving a lower settlement than you might have otherwise. To fight this bias, you need skilled legal representation on your side.

The Importance of Experienced Legal Representation

An experienced legal team is the best way to make sure at-fault drivers are held responsible and that you receive the full settlement you deserve. Motorcycles are popular in Florida because of the beautiful weather we have almost year-round. As such, accidents are more common here, and our attorneys have spent many years representing motorcyclists in these cases.

Our team will fight against the biases you may face, whether you were wearing a helmet or not, to secure maximum compensation for your injuries. With our help, you can recover damages for:

  • Medical expenses
  • Lost wages or reduced earning capacity
  • Physical and emotional pain and suffering
  • Property damages

We’re On Your Side; Call Us Today

If you were involved in a motorcycle accident, we can represent you whether you are partially at fault or not. Contact our practice to set up your initial consultation with a member of our team. We will conduct an in-depth review of your case and discuss your legal options.

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