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5 Jun

Impact of Helmet Use in Motorcycle Accident Claims in Orlando

By James William

Motorcycle accidents are harrowing experiences that often leave victims with severe injuries. Although many drivers and pedestrians take safety measures, accidents continue to occur due to multiple problems. 

One of the most recommended protective gears for bikers is a Helmet. The use of a helmet plays a crucial role in the medical and legal outcome. In Florida, Helmet Laws not only affect a rider’s safety but also determine personal injury claims. 

At Injury Assistance Law Firm, we have a team of experienced motorcycle accident attorneys in Orlando, handling a diverse range of accident cases. If you are a biker or ride motorcycles frequently for your commute, it is essential to be aware of helmet laws. 

Check out this blog for a comprehensive overview. 

Common Injuries from Motorcycle Accidents 

Motorcycle accidents can result in severe injuries. The following are the most common injuries that might occur in a motorcycle accident: 

  • Traumatic Brain Injuries involving temporary or permanent motor or cognitive damage. 
  • Spinal cord injuries can cause temporary or permanent paralysis. 
  • Facial and jaw injuries cause disfigurement and fractures. 
  • Scarring and bruises 
  • High-impact collisions caused multiple fractures and broken bones. 

Florida’s Helmet Laws: What You Need to Know 

In Florida, all motorcycle riders under 21 are required to wear a helmet that complies with Federal Motorcycle Safety Standard 218. The law also states that every motorcycle rider should be adequately equipped with suitable eye protection while traveling in public. A face shield or goggles act as legally approved eye protection tools. 

Injury Claims and Helmet Use: From a Legal Perspective

A victim’s use of a helmet can significantly influence their injury claim. Even if the party was at fault, the absence of a helmet might reduce compensation due to comparative negligence. Here’s when an experienced motorcycle accident Attorney in Orlando can assist you with navigating these laws. 

Impacting Motorcycle Accident Injury Claims

Helmet use, or the lack thereof, can influence personal injury claims in multiple ways. Here’s how it might impact: 

  • Establishing Liability

Orlando, Florida, follows a “Comparative Negligence” system. This states that if the motorcycle rider fails to wear a helmet during a commute and is injured, their compensation amount might be reduced. Establishing a liability can be difficult if the helmet is missing during an accident. 

  • Proving Negligence 

Not wearing a helmet might allow the defendant to argue that the rider has failed to mitigate their injuries. Especially in the case of traumatic brain injuries or facial injuries, it might be challenging to prove no negligence on the driver’s end. 

  • Insurance Adjustments 

Insurance companies scrutinize helmet use while negotiating the compensation process. Although our experienced motorcycle accident lawyers in Orlando have complex case knowledge, this may still complicate the claim for head injuries. 

  • Legal Exceptions 

Motorcycle riders over 21 are not legally mandated to wear a helmet while travelling. However, initiating a legal argument based on this clause may be counter to the compensation claim. 

Benefits of Seeking Professional Legal Help   

If you've been involved in a motorcycle accident in Orlando, having a personal injury lawyer by your side can make a significant difference. These legal professionals are deeply familiar with Florida’s laws, including how helmet use can influence your claim. They guide you through the legal process, ensure all necessary documentation is in order, handle negotiations with insurance companies, and fight to secure the maximum compensation you deserve.

Wearing a helmet is essential, not only for your safety but also because it can affect the outcome of an injury claim. While the law promotes safe riding practices, accidents can still occur even to the most cautious motorcyclists. Whether you were wearing a helmet or not, understanding your legal rights and navigating the claims process can be overwhelming.

That’s why it’s essential to consult with an experienced attorney who can advocate for you and help protect your interests.

At Injury Assistance Law Firm, our motorcycle accident attorneys in Orlando understand the complexities of motorcycle accident cases. Our dedicated legal team works tirelessly to ensure your rights are upheld and that you receive fair compensation. If you or a loved one has been injured in a motorcycle accident, contact us today. Let us be the advocate you can count on.

Compensation Available for Motorcycle Accident Claims 

Motorcycle accident victims might be eligible for the following types of compensation, regardless of helmet use: 

  • Medical expenses include hospital bills, ongoing treatment, surgeries, and rehabilitation expenses. 
  • Lost wages caused by missed work opportunities during and after accidents. 
  • Physical and emotional distress caused by the accident. 
  • Repairs and replacement of your damaged motorcycle property. 
  • Drivers under any influence might be subjected to punitive damages. 

Consulting an experienced motorcycle accident lawyer in Orlando can assist you with receiving the compensation mentioned above. 

Conclusion 

A motorcycle crash can cause serious injuries, irrespective of whether you wear a helmet. We at Injury Assistance Law Firm will provide you with comprehensive legal help. From documenting your evidence to courtroom representation, we will assist you throughout the legal process. 

If you are trying to navigate through a motorcycle accident alone, we are here to help you. Connect with us today for quick and comprehensive legal assistance.