Florida is a great place for motorcyclists, whether you are just starting or have fully embraced the lifestyle. Its warm weather and scenic views offer no shortage of places to ride. However, motorcycles are among the most dangerous vehicles because they lack the protection of standard cars or trucks.
You can take precautions, but you cannot prevent other drivers from acting carelessly. If you have suffered an injury in a motorcycle crash, our motorcycle wreck attorneys at Largey Law Firm could guide you through your legal options. Clermont motorcycle helmet laws may affect the outcome of any claims that you file. Our legal team seeks a fair result by focusing on the other driver’s conduct and how it caused your injuries.
Understanding the Relevant Laws
The regulations regarding head protection for motorcycle riders in Clermont can be found in Florida Statutes § 316.211. You must wear a helmet that meets the Federal Motor Vehicle Safety Standards.
There are some exceptions. The regulation does not apply if you are riding inside an enclosed compartment or on a scooter with a motor smaller than 50 cubic centimeters. Another exception is if you are over 21 and your insurance policy covers at least $10,000 in medical benefits in an accident.
How Could a Helmet Affect Your Legal Claim?
Even when not required by regulation, wearing head protection is one of the most effective ways motorcyclists in Clermont can protect themselves from severe head injuries. That is why it is a good idea to wear one even if an exception applies. It is important to understand how not wearing a helmet could affect your legal claim after a crash.
Comparative negligence in personal injury cases reduces or denies your compensation if the accident was partly your fault. The state uses a modified comparative negligence system that reduces your compensation by your percentage of fault. For example, if you are 25 percent responsible for the accident or your injuries, the compensation award is 75 percent of the total. If you are 51 percent or more at fault, you cannot recover compensation.
If you were not wearing a helmet, insurance companies are likely to claim that the headgear would have prevented the injury. They may argue that they should pay less or nothing because you caused your own harm by not wearing a helmet. This discrepancy could lead to complicated legal battles, so having skilled legal representation is vital to success.
Speak With a Clermont Attorney About Motorcycle Helmet Rules
Although Clermont motorcycle helmet laws often play a role in a legal claim, our lawyers at Largey Law Firm are prepared to argue that the driver’s conduct caused the accident. If you have suffered an injury in a motorcycle collision, our attorneys are here to help.
Our team could provide you with support and guidance throughout the process and help you pursue the compensation you need. Contact us to schedule a consultation.
