Motorcycles do not protect riders nearly as well as traditional passenger vehicles. They have no passenger compartment to prevent riders from ejection or from striking the road in an accident. As such, a rider can hit the pavement with enough force to cause severe head and brain injuries. In fact, the third-most common body part to suffer trauma in a motorcycle crash is the head.
Mincone Personal Injury Lawyers helps injured motorcyclists and their families recover compensation for their losses after motorcycle accidents in Tampa, FL. However, though you can seek compensation for your injuries after such an accident, your compliance with Florida helmet laws could determine just how much you may recover. Below is everything you need to know.
Contact our Tampa law office at (813) 430-3338 if you need help after a collision. We offer a free case evaluation.
How Mincone Personal Injury Lawyers, PA Can Help After a Motorcycle Accident in Tampa, FL
Mincone Personal Injury Lawyers, PA focuses on representing injured people in Tampa, Florida, against the people and businesses responsible for harming them. The firm’s Tampa motorcycle accident lawyers have over 15 years of legal experience, including former insurance defense work.
We provide the following legal services to people who have suffered injuries due to someone else’s conduct:
- Review their cases and advise them of their options
- Thorough investigations to gather evidence
- Filing insurance claims and negotiating aggressively for settlements
- Preparing lawsuits and fighting in court when settlements cannot be reached
A head injury from a motorcycle crash can inflict catastrophic health and financial consequences. Do not hesitate to contact our Tampa personal injury lawyers for a free consultation. We will discuss your accident and the compensation you can seek from the at-fault driver or an insurer.
Why Do States Have Helmet Laws?
States have motorcycle helmet laws because they protect riders from injury or death. According to the Centers for Disease Control, helmets reduce the risk of death in motorcycle crashes by up to 30%. Additionally, riders who wear helmets are 69% less likely to suffer a head injury.
Motorcycle Helmet Law in Florida
Florida’s helmet law came about in response to the National Traffic and Motor Vehicle Safety Act of 1966, which set safety standards for states, such as seat belt laws and interstate speed limits. States that failed to pass implementing laws could have their highway funding cut. As a result, 47 states passed helmet laws by 1975.
Florida originally had a universal helmet law that required all riders, including operators and passengers, to wear a helmet. But after Congress removed the funding penalties, Florida diluted its regulations.
Florida’s Current Legal Requirements
Despite the popular perception, Florida still has a helmet law that requires riders to wear a helmet while riding a motorcycle. However, the statute has a major exception that makes the law difficult to enforce.
The law exempts riders over 21 with at least $10,000 in health insurance coverage. Any rider meeting these two criteria can ride legally without a helmet in the state. The exemption imposes such a burden on police officers that they often choose not to enforce the law.
In many cases, riders do not carry their health insurance cards. Moreover, Florida punishes a violation of its helmet law as a non-criminal traffic infraction subject to a fine. As a result, most officers consider it a waste of time to stop helmetless riders to check their ages and health insurance statuses.
Instead, they generally focus on two types of cases. First, officers may issue a citation for riding without a helmet after they stop an operator for another violation, like speeding or after a vehicle accident. In these situations, the officer can take the time to investigate whether a helmet law violation has happened.
Second, officers will stop riders who clearly fail to meet the law’s requirements. Thus, an officer might stop an operator with a child passenger without a helmet.
The Consequences of Riding Without a Motorcycle Helmet
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Facts Report, 631 motorcyclists died in Florida crashes in 2022.
Furthermore, based on the state’s statistics, you can calculate the following fatality rates:
- With Helmet: 6.4%
- Without Helmet: 7.1%
Beyond the increased chance of injury or death, failing to wear a helmet can impact a rider’s personal injury lawsuit. Under Florida law, any victim who contributes to the cause of their injuries can have their compensation reduced or barred.
A reasonably cautious rider would know to wear a helmet, and the failure to do so might be considered negligence. As a result, an insurer or jury can attribute a share of the blame for head injuries to a helmetless rider.
When a victim gets blamed for their injuries, they lose a share of their compensation. For example, a victim only gets compensated for 85% of their losses when they bear 15% of the blame for their injury.
Schedule a Free Initial Consultation With Our Tampa Motorcycle Crash Attorney
Whether you ride with a helmet in Tampa, a motorcycle accident can result in permanent injuries. Contact Mincone Personal Injury Lawyers, PA for a free consultation to discuss the injuries you or your loved one suffered and the financial compensation we can help you recover.
