Motorcycle helmets are more than just protective gear; they are a critical component in the legal landscape of motorcycle accident claims. Whether you're cruising the highways or navigating city streets, understanding the impact of helmet laws on your rights and potential compensation is essential. Below, Kelleher Law’s legal experts explore how helmet laws affect motorcycle accident claims and what you should know if you're ever involved in an accident.
Florida and Georgia's Helmet Laws and Liability
Georgia state law requires all motorcycle riders to wear a helmet. However, in Florida, the helmet law states that all motorcyclists over the age of 21 are allowed to ride without a helmet, provided they have at least $10,000 in medical insurance coverage to cover injuries resulting from a crash. However, riders under 21 must wear helmets. This distinction is crucial in accident claims, as failing to comply with these requirements can significantly impact liability and compensation.
In the event of an accident, if a rider over 21 in Florida chooses not to wear a helmet, this can be viewed as a risky behavior, potentially affecting liability. For example, if you're involved in an accident and suffer head injuries while not wearing a helmet, the defense may argue that your decision contributed to the severity of your injuries. This could reduce your compensation under Florida’s comparative negligence law, which adjusts the damages you receive based on your share of fault in the accident.
Helmet Use and Insurance Claims
Insurance companies often scrutinize helmet usage in motorcycle accidents. If you were not wearing a helmet at the time of the accident, insurers might assert that your injuries would have been less severe or prevented with helmet use. This can affect the settlement offers you receive. It's crucial to have skilled legal representation that can challenge such claims and fight for fair compensation, especially in states like Florida where helmet use is not legally required.
Evidence and Expert Testimony
In motorcycle accident claims, especially where severe injuries are involved, the use of expert testimony can be a game-changer. Medical experts can help establish how a helmet might have lessened the severity of head injuries, while accident reconstruction experts can demonstrate the dynamics of the crash. This evidence can be pivotal in proving the extent of damages and the impact of not wearing a helmet on those injuries.
Your Legal Representation Matters
Navigating the complexities of motorcycle accident claims, particularly when helmet laws come into play, requires expert legal guidance. An experienced motorcycle accident attorney can help you understand how the law applies to your specific situation, manage interactions with insurance companies, and advocate on your behalf to ensure that your rights are protected and you receive the compensation you deserve. Kelleher Law is a smaller firm that gets settlements equivalent to larger firms in our area.
To discuss your case at our offices in Naples or Fort Myers, FL or Roswell, GA please call 833-546-3675 today.
