I Wasn’t Wearing A Helmet In A Bicycle Accident. Will I Still Be Able To Seek Compensation?
If you have been injured in a bicycle accident while not wearing a helmet, there are many questions that you may be asking yourself. Today, we will discuss whether or not you can still seek compensation for your injuries and losses even if you weren’t wearing a helmet at the time of the accident.
Consider speaking with a knowledgeable lawyer if you or your child were involved in a bicycle accident. Our Boca Raton bicycle accident lawyers at Leifer & Ramirez can explain the laws surrounding your accident and help you determine whether or not you are entitled to financial compensation.
Helmet Laws and Bicycle Accidents in Florida
Under Florida Statutes § 316.2065, those who are below 16 years of age must wear a helmet when riding a bicycle. At the same time, there is no law in Florida that would require adult cyclists – and even individuals aged 16 and older – to wear helmets. However, it is generally recommended that all cyclists wear helmets when riding their bicycles for safety reasons. Even if there isn’t a law requiring cyclists to wear helmets, it doesn’t mean that failing to do so won’t play a role in any potential legal proceedings due to an accident.
Compensation After a Bicycle Accident if You Weren’t Wearing a Helmet
If you were injured in a bicycle accident and were not wearing a helmet at the time of the incident, this does not necessarily mean that you cannot seek compensation for your damages. Instead, what matters is who was at fault for the accident and to what degree they are liable for any resulting damages or losses. Under Florida law, if another party was negligent or careless and caused or contributed to your bicycle accident, then they may be held liable for any damages resulting from the incident.
It is important to note that if the injured victim was partially responsible for their bicycle accident and/or resulting injuries and losses, their negligence could reduce the amount of compensation that they can receive due to comparative negligence laws in Florida. And failing to wear a helmet could potentially make you partially responsible for your resulting injuries.
This means that if another party was deemed 80% responsible for the collision, but your lack of helmet-wearing contributed 20% of fault towards causing your injuries or losses, your recoverable compensation would be reduced by 20%.
How a Lawyer Can Help After a Bicycle Accident
At the end of the day, seeking legal advice from an experienced lawyer as soon as possible after your bicycle accident should be one of your top priorities. Your attorney will explain all aspects involved when it comes to seeking compensation after a bicycle accident in which you weren’t wearing a helmet.
Through proper legal representation during such incidents involving bicycle accidents in Florida, injured victims have higher chances of receiving the maximum compensation available under local laws governing personal injury claims. Schedule a free case review with our lawyers at Leifer & Ramirez to discuss your particular situation. Call 561-660-9421 right now.
We serve clients throughout the state of Florida, including Boca Raton, Delray Beach, Pompano Beach, Deerfield Beach, Fort Lauderdale, and West Palm Beach.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.2065.html
