Can A Motorcyclist Recover After A Crash If They Were Not Wearing A Helmet?

Florida is a haven for motorcyclists, due to its (usually) year-round pleasant weather. In addition, the state has a helmet exemption which allows those over 21 to forego wearing one if they carry sufficient amounts of insurance coverage. While some motorcyclists prefer this degree of freedom, it can be a potential problem in the event of a crash. While failing to wear a helmet will not immediately paint a motorcyclist as negligent, it can sometimes be counted against them, depending on the specifics of a crash.

Comparative Fault In Florida

In general, an act that is explicitly permitted by state law will not be considered evidence against a person. Thus, in most cases, a person over age 21, who carries an acceptable amount of insurance coverage, will not be penalized for not wearing a helmet. However, if you are under age 21, or if you lack the appropriate coverage, and failed to wear one, it may count against your percentage of fault – that is, you may receive less in terms of monetary damages even if you are not held liable overall.

This is an example of the legal concept of comparative fault. Comparative fault is one that states that in a civil case, each party should only be responsible for its own percentage of fault – for example, if a defendant is found 75 percent at fault for a plaintiff’s injuries, they must pay 75 percent of the plaintiff’s expenses. Sometimes, though, an injured plaintiff may be found partially responsible for their own injuries – such as when a person who should be wearing a motorcycle helmet does not wear one.

Recent Changes To Law

Historically, Florida was a jurisdiction in which a person could be found 99 percent liable for their own injuries, and still recover the remaining 1 percent. In recent years, however, the state legislature propagated and passed a bill that changed things. Since 2023, Florida has been a pure comparative negligence state. What this means is that now, if a person is found to be more than 50 percent at fault for their own injuries, they are completely barred from recovering any money damages at all.

In most cases, it is extremely unlikely that a person over 21, who can demonstrate compliance with Florida’s helmet exemption law, will be denied money damages solely because of the lack of a helmet. However, there are many other ways that a motorcyclist might be held liable for their own injuries. Having an attorney who has knowledge in these areas can make a major difference between recovery and failure.

Call A Maitland Motorcycle Accident Attorney

If you have been involved in a motorcycle accident in Florida and you believe someone else’s negligence caused you harm, it can feel too intimidating to file suit against that person. A Maitland motorcycle accident attorney from the Hornsby Law Group can help. Contact our office today to schedule a consultation.

Source:

flhsmv.gov/driver-licenses-id-cards/motorcycle-rider-education-endorsements/helmet-exemption/