Imagine getting into an accident that is someone else’s fault, but then you’re told that you may not be able to be compensated because you didn’t wear a helmet. In Florida, you’re required to wear a helmet if you’re under 21 or don’t have enough medical insurance; additionally, you have to wear eye protection regardless of whether or not you wear a helmet.
Helmet laws can make a big difference in your motorcycle accident case, but even if you’ve broken a law by not wearing your helmet, you may still be able to claim for the compensation you need to recover from your injuries. A helmet, as you should know, is one of the most effective pieces of protective equipment provided to motorcyclists. They save lives by reducing the severity of head injuries.
In fact, if you’re involved in a motorcycle accident and don’t wear a helmet, you’re three times more likely to suffer from a brain injury than if you had been wearing one. In many states, wearing a helmet is required, although it’s not always.
Wearing a helmet is, for the most part, a proven strategy that reduces head injuries and fatalities in accidents. If you’re involved in a personal injury lawsuit after being hit by a car but weren’t wearing a helmet, that could affect you. The driver may be able to argue that if you’d taken the proper safety measures, you wouldn’t necessarily have had as severe injuries. In some cases, not wearing a helmet could limit your right to compensation, but only if the helmet would have prevented or lessened the injuries you suffered from.
Source: FindLaw, “Helmet Laws and Motorcycle Accident Cases” Nov. 19, 2014