Why Not Wearing a Motorcycle Helmet Can Prove Costly for a Florida Motorcycle Accident Victims
While the safety benefits of wearing head protection when riding a motorcycle are well documented, the decision to strap on a helmet also can have an impact on a rider’s financial recovery following a crash, depending on what state the collision occurred in. Although the decision not to wear a helmet generally does not shield a negligent driver from liability, this choice can have a substantial effect on both the injuries experienced and the financial recovery of a motorcycle enthusiast.
Numerous studies confirm the effectiveness of motorcycle helmets in preventing and mitigating injuries in motorcycle crashes. The sheer volume of research cannot be listed here, but we have provided conclusions from a review of this literature. Studies consistently reveal the following benefits from the use of helmets: (1) reduced motorcycle fatality rate; (2) decreased rate of fatal head injuries; (3) fewer non-fatal head injuries. Overall, research shows a 69 percent reduction in head injuries and a 42 percent decrease in fatalities among riders using helmets when compared to riders without head protection.
Virtually every state has adopted mandatory helmet laws to reduce health care costs. Florida’s motorcycle helmet law, however, still permits riders to exercise personal choice regarding helmet use provided a rider is at least 21 years of age and carries insurance with at least $10,000 in medical benefits coverage. Riders under the age of 21 must wear a helmet that meets Federal Motor Vehicle Safety Standard 218, which specifies mandatory performance standards for motorcycle helmets. A decision to abstain from wearing appropriate head gear can lead to expensive medical bills. Financial studies focusing on motorcycle helmet use reveal that nearly 50 percent of motorcycle crash victims admitted into a hospital do not have sufficient insurance coverage to pay their medical bills.
Even aside from the safety benefits of helmets, the decision to abstain from wearing a helmet can negatively impact the value of a motorcycle accident injury claim. Florida has adopted the doctrine of pure contributory negligence. Under this legal doctrine, a plaintiff (i.e., injury victim) has a duty to exercise reasonable care for his or her own safety. In a personal injury case where a motorcycle accident victim suffers a head or neck injury, any recovery will be reduced by the percentage of fault assigned to the plaintiff up to fifty percent. If the plaintiff was determined to have been more than fifty percent at fault, the injury victim would recover nothing. If a helmet would not have affected a rider’s injury, such as a broken leg, however, the rider’s lack of head protection would have no impact on the amount of compensation received by the plaintiff.
If you or a loved one has been involved in a motorcycle collision and endured injuries, an experienced Florida motorcycle accident attorney can review your situation and advise you regarding your legal rights to pursue financial compensation.
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If your motorcycle accident claim is handled by Montlick Injury Attorneys, we will fight hard to recover the most amount of money allowable under Florida law. If we are unable to obtain a settlement amount the is fair and just, we will be ready to take your case to trial. A favorable ruling could include a substantial jury award. Our national personal injury law firm has recovered Billions of dollars for our clients.
If you or a loved one suffered an injury, contact Montlick Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries or lost a loved one in an accident for over 39 years. Our trial attorneys have recovered billions of dollars for our personal injury clients through negotiated settlements, litigation/lawsuits, settlement of lawsuits, jury verdicts, mediation, and arbitration awards.
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Sources:
https://smarter-usa.org/research/helmets-laws/helmet-effectiveness/
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.211.html
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