If you suffered injuries while riding a motorcycle, questions about helmet use can quickly become part of an insurance dispute. Orlando motorcycle helmet laws do not require every adult rider to wear protective headgear, and the details matter when an insurer tries to connect helmet use to your injuries.
Our motorcycle crash attorneys could explain how the safety rules apply to your claim and what evidence may protect your right to compensation. At The Florida Firm Injury and Accident Lawyers, we have helped clients for 20 years. Shareholders Ron Gilbert and Mel Wright have practiced law for more than 40 years.
State Law Requirements Concerning Motorcycle Helmets
Under Florida Statutes § 316.211, a motorcyclist under 21 must wear qualifying protective headgear. A person over 21 may only ride without a helmet if they have an insurance policy that provides at least $10,000 in medical benefits for injuries resulting from a motorcycle crash. The law separately requires a motorcyclist to wear an approved eye-protective device regardless of their age.
Those distinctions can become important after your collision. Your age and insurance coverage affect how helmet legislation applies to your claim, so our Orlando motorcycle accident attorneys could review them and your use of safety equipment. We could also focus on the conduct that caused the crash rather than letting helmet use be a distraction.
Can Riding a Motorcycle Without a Helmet Reduce Your Compensation?
Riding without a helmet does not preclude you from filing a claim. The state uses a comparative negligence system under Fla. Stat. § 768.81. If you are more than 50 percent at fault for your own harm, you cannot recover damages. If your share of fault is 50 percent or less, the court reduces your recovery by that share.
An insurer may argue that riding without a helmet made your head injury worse, even if another person caused your collision. This argument requires proof that connects the lack of a helmet to the specific injury. Under Orlando motorcycling helmet statutes, the insurer does not automatically win its argument. Our legal team could challenge unsupported blame by focusing on medical evidence and crash facts.
Thanks to our careful approach, most of our cases come from other attorneys who refer their clients to us. Our lawyers have built a record of verdicts and settlements through decades of complex litigation. We could prepare your case for trial if doing so would be right for you.
Evidence That Matters After a Motorcycle Crash
Your case may depend on whether the evidence shows that your injuries resulted from the collision impact or that the absence or performance of protective gear made them worse. Medical records can document a concussion or traumatic brain injury and connect your symptoms to the crash forces. Imaging and neurological evaluations may clarify how your head injury developed.
If you were wearing a helmet, its condition may show impact points or damage that helps explain how your head moved during the collision. Our Orlando legal counsel could preserve that evidence, which is important to your motorcycle crash case under local helmet laws. Crash reconstruction can address vehicle speeds and impact angles. Our attorneys could work with qualified professionals to evaluate what caused your injuries.
We could handle these issues with a team-based approach and inform you about every stage of your case. There are no fees or costs unless we win, which means you owe us nothing unless we collect money for your injury claim.
Call Our Orlando Lawyers To Discuss The Impact of Motorcycle Helmet Laws on Your Case
After your motorcycling crash, helmet use is only part of the liability and damages analysis. Orlando motorcycle helmet laws can shape your case, but an insurer that tries to blame you must prove its assertions. Our attorneys could evaluate the statutes and the medical proof before helping you decide how to pursue your claim.
We could explain your options, deal with the insurance company, and prepare your case for trial if necessary so you can focus on healing. Contact Colling Gilbert Wright today for a free consultation.