Helmet Laws in Florida

Motorcycle accidents can cause traumatic injuries and fatalities. Wearing a motorcycle helmet reduces the risk of head injuries. Therefore, Florida has mandatory motorcycle helmet laws. Even so, wearing a motorcycle helmet does not prevent all injuries. 

The New Port Richey motorcycle accident lawyers of Roman Austin Personal Injury Lawyers have over 50 years of legal experience handling motorcycle accident claims. Our law firm has the highest rating available from Martindale-Hubbell, and we have been named one of Tampa Bay’s Top Trial Lawyers. 

We exclusively handle wrongful death and personal injury cases. Whether we are negotiating a settlement or going to trial, our Board Certified Civil Trial Specialist fights to get you the maximum compensation for your motorcycle accident claim.

Contact our New Port Richey law firm today at (727) 815-8442 to schedule your free consultation with a top-rated personal injury attorney.

How Our New Port Richey Personal Injury Lawyers Help Motorcycle Riders Receive Fair Accident Settlements

How Our New Port Richey Personal Injury Lawyers Help Motorcycle Riders Receive Fair Accident Settlements

Motorcyclists are blamed for motorcycle crashes they do not cause. As a result, insurance companies deny injury claims and undervalue damages. 

Our New Port Richey motorcycle accident attorneys have extensive experience dealing with insurance claims adjusters. We understand the tactics they use; we aggressively pursue each motorcycle accident claim to protect your right to fair compensation for damages. 

When you hire our New Port Richey injury lawyers to handle your injury claim, you can expect us to:

  • Listen to what happened to you and provide compassionate guidance and support throughout your case
  • Investigate the cause of the motorcycle accident to gather evidence proving fault and liability
  • Fight claims of comparative negligence that could reduce the value of your claim
  • File insurance claims and handle all matters related to those claims
  • Document your damages and calculate the value of your claim
  • Aggressively negotiate for the maximum compensation available in your case
  • Advocate for your right to recover damages at trial, if the other party refuses to agree to a reasonable settlement amount

If you were injured in a motorcycle accident, contact us to schedule a free case evaluation with one of our New Port Richey, Florida, accident attorneys. We are here to help you when you need trusted legal counsel and aggressive legal representation.

What Are the Statistics Regarding Wearing a Motorcycle Helmet?

Motorcycle helmets save lives, according to the Centers for Disease Control. In 2016, wearing motorcycle helmets saved 1,859 lives in the United States. However, more people could have been saved had they chosen to wear a motorcycle helmet.

The risk of a head injury is reduced by 69% if the rider wears a helmet. In addition, motorcycle fatalities fall by 37% when motorcyclists wear helmets. A motorcyclist is 29 times more likely to die in a crash per mile driven than a person in a passenger vehicle. As a result, it is understandable why many states require riders to wear a helmet. 

Florida’s Motorcycle Helmet Law – What Do You Need to Know?

Florida’s statute requires riders and passengers to wear eye protection and protective headgear; a rider in an enclosed cab is not required to wear a helmet. Additionally, riders over the age of 16 must wear a helmet if the motorcycle:

  • has more than 50ccs of displacement or 
  • is rated more than 2brake horsepower, and
  • can be propelled over 30 mph.

Beyond that, you can choose not to wear a motorcycle helmet in Florida when you operate a motorcycle if you:

  • Are 21 years of age or older; AND,
  • Have a minimum of $10,000 in medical benefits that apply to injuries caused by motorcycle accidents

No-fault or Personal Injury Protection (PIP) insurance does not apply to motorcyclists or their passengers in Florida. You must have a separate medical benefits insurance policy if you want to ride your motorcycle without a helmet.

Can I Sue Another Driver for a Motorcycle Accident in New Port Richey?

Motorcycle accidents can cause:

  • Traumatic brain injuries
  • Broken bones
  • Spinal cord injuries
  • Disfigurement
  • Internal organ damage
  • Back and neck injures
  • Amputations
  • Paralysis 

In addition, a rider could be permanently impaired because of disabling injuries and conditions.

The cost of medical care and the loss of income could be substantial. If you are permanently disabled after a motorcycle crash, your future damages could total millions of dollars. You deserve fair compensation for your economic and non-economic damages.

Because no-fault insurance laws do not apply to motorcycles in Florida, you can sue another driver for damages. However, you have the burden of proving that the other driver caused the accident and the accident caused your injuries and damages. 

Florida does not require drivers to carry liability insurance coverage. Therefore, it is wise for motorcyclists to purchase uninsured motorist coverage (UM) and underinsured motorist coverage (UIM). In the event of a crash caused by an uninsured driver or a driver with low policy limits, UM and UIM coverage could be your source of compensation for damages. 

If I Was Not Wearing a Motorcycle Helmet, Does That Affect My Motorcycle Accident Lawsuit in New Port Richey?

Florida’s modified comparative fault laws state that an injured party’s compensation for damages is reduced by their percentage of fault for causing their injuries. Additionally, you cannot recover any compensation whatsoever if you share over 50% of the fault for the motorcycle crash.

In other words, if your conduct contributed to the cause of the motorcycle accident, you may not recover the total value of your damages — or you may be barred from any financial recovery. 

If you are over 21 years old and have the required insurance coverage, you are not breaking any laws by choosing not to wear a motorcycle helmet. Insurance companies may still try to use the fact you weren’t wearing a helmet against you, however. Contact us so we can help you fight unfair insurance claims that reduce the value of your personal injury claim.

Schedule a Free Consultation With Our Motorcycle Accident Lawyers in New Port Richey

Whether you wore a motorcycle helmet or not, you deserve to be compensated for the injuries and damages caused by another driver. At Roman Austin Personal Injury Lawyers, we fight to put as much money as possible in your pocket.

Call today to schedule your free consultation with one of our New Port Richey motorcycle accident attorneys.