Motorcycle helmet laws are an important topic for any rider to understand and follow. While following these rules can protect against the risk of injury, it may not prevent one from happening in an accident involving another motor vehicle. Our motorcycle accident lawyers at Werner, Hoffman, Greig & Garcia represent injured clients in their pursuit of claims for compensation against those at fault.
We work on a contingency fee basis, which means we only receive payment after we recover compensation for you at trial or in a settlement. You can learn more about the motorcycle helmet laws when you contact our Boca Raton office to schedule a free case consultation.
Florida Statute § 316.211 requires you to wear proper headgear securely fastened on your head when riding or operating a motorcycle. This requirement generally includes the use of helmets and eye-protective devices, though some exceptions may apply depending on the circumstances. For example, helmet requirements do not typically apply to riders of motorcycles powered with a displacement of 50 cubic centimeters or less and that cannot travel faster than 30 mph.
Motorcyclists over the age of 21 can also be exempt from wearing a helmet under Florida law if they have a minimum $10,000 insurance policy that covers medical benefits from injury in an accident. However, always wearing a helmet while operating a motorcycle is still the best practice for minimizing the risk of injury.
The period following a motorcycle accident is often chaotic. Your first priority is to report the accident to Boca Raton police and seek necessary medical evaluation and care to properly diagnose and treat all related injuries, especially TBI, regardless of whether you wore a helmet or not. Next, obtain contact information from the other involved driver(s) and collect any potential evidence, including your use of a helmet. You will also want to schedule a free case consultation with an experienced lawyer to better understand your rights to compensation.
The damages from a motorcycle accident can be significant, especially in cases that involve serious injuries to the head, neck, or back. The party responsible for causing the motorcycle accident will have an obligation to compensate for the value of these damages. Common types of damages our lawyers can pursue on behalf of a client will include those for pain and suffering, lost earnings, and medical care costs. You may also have a right to compensation for other losses to your quality or enjoyment of life.
Another party can still be liable for causing your injury in a motorcycle accident despite you not wearing a helmet. However, a jury may limit awarded compensation in proportion to your percentage of contributory fault under Florida Statute § 768.81.
You typically have two years to file a claim for personal injury from the date of the motorcycle accident under Florida Statute § 95.11.
Contact Werner, Hoffman, Greig & Garcia in Boca Raton for help in understanding how motorcycle helmet laws can impact your right to compensation after an accident. Other drivers and their representatives will be quick to shift the blame for an accident to an injured motorcyclist. You need someone to push back against that. We can advocate for your rights in court and help you understand the full potential value of a claim. Contact our office today to meet with one of our personal injury lawyers to discuss your next steps.
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