Can you file a bicycle accident claim against a negligent driver in Florida if you are not obeying helmet laws? The answer is yes. However the process can be complex.

Understanding helmet laws is necessary to claim compensation for bicycle accidents. If you have been injured in a bicycle accident, you may wonder whether you need a bicycle accident lawyer or not. As one of the renowned legal firms in the country, we can assure you of the best services.

In this blog, we’ll discuss the basic concept of bicycle accident claims and Helmet Laws in Florida. Continue reading to get a comprehensive idea and a brief understanding of the role of an Orlando-based bicycle accident attorney. 

Importance of Helmet Use in Bicycle Safety 

Wearing a helmet reduces the risks of traumatic brain injuries. According to the Insurance Institute for Highway Safety and Highway, approximately 75% of bicyclists died across Florida from 2021 to 2024 due to injuries from not wearing a helmet. 

A helmet acts as a prevention barrier, and wearing one can save your life in catastrophic situations. Moreover, wearing a helmet during the accident will strengthen your compensation claim.

Here’s what you need to know about bicycle accident and helmet laws in Florida.

Bicycle Accident Claims and Helmet Laws in Florida 

Florida’s Helmet Law requires children under 16 to wear a helmet while cycling, while there is no mandatory helmet rule for adults. When it comes to bicycle accident claims, the absence of a helmet can play a significant role in seeking compensation. 

An experienced Orlando-based bicycle accident lawyer can provide you with legal assistance in the following cases.

Helmets and Minors

If a minor is involved in a bicycle accident and is not wearing a helmet, they may be considered non-compliant with safety regulations, which could impact their claim. However, the overall impact of this on compensation will depend on the specifics of the case.

Helmets and Adults

For adults over the age of 16, not wearing a helmet does not automatically indicate negligence. While insurance adjusters and courts may consider the lack of a helmet when assessing injury severity and compensation, it does not necessarily mean the cyclist is at fault.

How Helmet Use Affects Injury Claims

The decision to wear a helmet can have a significant effect on how an insurance company evaluates liability and compensation after a bicycle accident. Here’s why:

Increased Liability

Cyclists who are not wearing helmets may face greater scrutiny regarding shared liability for the crash. Insurers might offer lower compensation, interpreting the lack of a helmet as a casual approach to safety. Our experienced Orlando-based bicycle accident attorney will indulge in a more in-depth investigation into the cyclist's actions before the accident, which could ultimately reduce the settlement amount.

Evidence of Responsibility

Wearing a helmet serves as a visible sign of responsible behavior and can positively influence the outcome of a claim, especially in complex cases. Showing that the cyclist made efforts to protect their safety by wearing a helmet could help strengthen their case, encouraging the insurance company to favor their claim and counterclaims of negligence.

The Impact of Not Wearing a Helmet on Your Case

Failure to wear a helmet can complicate a bicycle accident claim in several ways, even if the other party was at fault.

Contributory Negligence

In Florida, the comparative negligence system allows insurance companies to reduce compensation if the cyclist shares responsibility for their injuries. For example, if not wearing a helmet exacerbated the injuries, the cyclist may receive less compensation. This system evaluates fault from both parties and adjusts the settlement based on the cyclist's percentage of fault.

Medical Evidence

The severity of injuries plays a significant role in determining compensation. If a helmet could have lessened the injuries, it may be harder to argue for full compensation. Medical experts may testify that the cyclist’s injuries were more severe due to not wearing a helmet. In these cases, our Orlando-based bicycle accident lawyer will document all your medical records and expert testimony. As they can play a crucial role in determining how much compensation the cyclist should receive.

Perception of Risk

Insurance companies and juries may view cyclists who don’t wear helmets as taking unnecessary risks. This perception of negligence can negatively impact the case, leading to lower settlement offers or unfavorable verdicts. Wearing a helmet can demonstrate responsible behavior, which could be a key factor in securing a favorable outcome.

The Role of Legal Representation

An experienced bicycle accident attorney can help you achieve the best possible outcome. They can assist by:

• Evaluating your case and recommending the best course of action.
• Gathering and reviewing evidence, such as accident reports, medical records, photos, and witness statements.
• Negotiating with insurance companies to secure maximum compensation for medical expenses, lost wages, and other losses.
• Representing you in court if negotiations do not result in a fair settlement.

Conclusion 

Wearing a helmet while bicycling can save your life and prevent serious injuries from occuring. You can also save your compensation claim by wearing a helmet at the time of the accident. Here at Injury Assistance Law Firm, we can provide you with maximum legal support in acquiring your rightful compensation. If you or your loved one have been suffering from a bicycle accident, it’s time for the liable parties to pay. Connect with us today.