Bicycle accidents are common on Florida roads, especially in South Florida, where heavy traffic and distracted driving put cyclists at risk. Florida’s bicycle helmet laws were enacted for public health and safety reasons. In a bicycle accident, wearing a helmet could make the difference between life and death.
Understanding Florida bicycle helmet laws and how helmet use can affect a personal injury claim is critical when seeking compensation. This blog post explains what you need to know.
If you were injured in a bicycle accident because of someone else’s negligence, our firm wants to help. Whether you were wearing a helmet or not, DTT Legal represents injured cyclists throughout Florida and is committed to helping you recover maximum compensation for your injuries.
What Are Florida’s Bicycle Helmet Requirements?
Florida Statute §316.2065 governs bicycle helmet use. Under this law, all bicycle riders and passengers under the age of 16 are required to wear a helmet. The helmet must be properly fitted and securely fastened to the rider’s head. In addition, the helmet must meet federal safety standards, which are typically identified by the helmet’s labeling.
For individuals over the age of 16, Florida law does not require helmet use. However, this does not mean cyclists should avoid wearing helmets. Helmet use is strongly recommended for all bicyclists and can significantly reduce the risk of serious injury or death.
Comparative Negligence in Florida Bicycle Accident Claims
Florida follows a modified comparative negligence system. This means that a bicyclist who is found to be more than 50% at fault for an accident cannot recover damages. If you are found to be 50% or less at fault, you may still recover compensation, but your recovery will be reduced by the percentage of fault assigned to you.
For example, if you are found to be 20% at fault and the total damages amount to $100,000, you may still recover $80,000 after your percentage of fault is applied.
Does Not Wearing a Helmet Hurt a Bicycle Injury Claim?
A bicycle accident claim can be impacted if you were not wearing a helmet, even when another party clearly caused the accident. Insurance companies often look for any reason to reduce their payouts, and helmet non-use is frequently raised as an issue.
Florida law states that failure to wear a bicycle helmet may not be considered evidence of negligence or contributory negligence in a lawsuit. Instead, Florida law focuses on who caused the accident. If a driver acted negligently by failing to yield, speeding, or driving while distracted, that driver may still be held responsible for the crash. You are not considered at fault for causing the accident solely because you were not wearing a helmet.
However, helmet use is not entirely irrelevant in personal injury claims. Defense attorneys may argue that helmet non-use contributed to the severity of injuries, particularly head or brain injuries. While this argument does not establish fault for the accident itself, it can impact how damages are calculated. In cases involving head or brain injuries, helmet use may influence the amount of compensation recovered.
Know Your Rights After a Florida Bicycle Accident
Florida bicycle helmet laws do not require helmet use for individuals over the age of 16. Although failing to wear a helmet is not considered proof of negligence, it may still affect the amount of compensation available in a personal injury case. Whether or not you were wearing a helmet at the time of the bicycle accident, you may still be entitled to compensation if another party caused your injuries.
After an accident, an important step towards protecting your rights is speaking with an experienced attorney who understands the legal nuances involved in Florida bicycle accident claims.
Injured in an Accident? We Can Help
If you were injured in a Florida bicycle accident, you should not have to navigate the legal process alone. At DTT Legal, we are prepared to handle your case and will work tirelessly in pursuit of maximum compensation for your injuries. Contact us today for a free consultation to learn how we can protect your rights.