Can You File a Motorcycle Accident Claim if You Weren’t Wearing a Helmet in Lakeland?

Riding a motorcycle offers a sense of freedom and thrill that’s hard to match, especially when you can ride without a helmet and feel the wind through your hair. Unfortunately, these freedoms come with significant risks. Not wearing a helmet can significantly increase your chances of severe injury if an accident occurs — but does it affect your ability to recover compensation in a motorcycle accident claim?

If you’ve been in a motorcycle accident in Lakeland and weren’t wearing a helmet, the Dismuke Law personal injury team can help. Our team will work closely with you to evaluate your case, explain how Florida’s helmet laws may impact your claim, and fight for the compensation you deserve for the harm you have suffered.

What Motorcyclists Should Know About Florida’s Helmet Laws

Florida’s helmet laws are somewhat unique as they are designed to enhance safety while still allowing some freedom of choice. For motorcyclists over the age of 21, Florida law allows you to ride without a helmet if you meet certain conditions. Specifically, you must carry at least $10,000 in medical insurance coverage to cover injuries sustained in a motorcycle accident. This exemption provides experienced riders with the option to ride without a helmet, but it also shifts some of the responsibility for safety onto the rider.

However, all motorcyclists under the age of 21 are required by law to wear a helmet when riding. This regulation is strictly enforced and aims to protect younger riders, who may be more vulnerable to severe injuries in the event of an accident. Failing to wear a helmet as a rider under 21 not only puts your safety at risk but could also affect your ability to file a claim or recover damages if you are injured in an accident.

How Not Wearing a Helmet Affects Motorcycle Accident Injury Claims in Lakeland

Not wearing a helmet may complicate your motorcycle accident claim, but it doesn’t automatically disqualify you from seeking compensation. Florida follows a comparative negligence rule, which means your compensation may be reduced by the percentage you are found to be at fault for your injuries.

If your injuries are primarily head-related, the defense might argue that your lack of a helmet contributed to the severity of your injuries, potentially reducing the compensation you receive.

Factors Considered in Lakeland Motorcycle Accident Claims

Several factors are considered when determining the outcome of a motorcycle accident claim in Lakeland, especially when a helmet wasn’t worn:

1. Nature of Injuries: If your injuries involve areas of the body not protected by a helmet, like your back or limbs, this may have less impact on your claim.
2. Circumstances of the Accident: The details of how the accident occurred and who was at fault play a significant role in determining liability and potential compensation.
3. Medical Insurance Coverage: If you opted not to wear a helmet under Florida’s helmet law, having the required medical insurance coverage may also affect the handling of your claim.

Even if you weren’t wearing a helmet, you might still be entitled to compensation for various damages, including medical expenses, lost wages, and pain and suffering. At Dismuke Law, we have the experience to navigate these complex situations. We know how to approach cases where helmet use is a factor and will work diligently to recover the total compensation you deserve.

Protecting Your Rights After a Motorcycle Accident

Motorcycle accidents can leave you facing overwhelming challenges, especially if you weren’t wearing a helmet at the time of the crash. At Dismuke Law, we understand the unique complexities of these cases and are here to help you navigate them. Even if you weren’t wearing a helmet, our experienced team is committed to ensuring you pursue fair compensation.

Our approach combines personalized attention and decades of experience in Central Florida personal injury law. If you’re facing medical bills, lost wages, or other damages after a motorcycle accident, contact us today. Call us at (863) 250-5050 or reach out through our contact form.