Motorcycles can be an exciting means of transportation. However, their relatively small size and lack of impact protection can also make them dangerous in the event of a collision. It is essential to understand the motorcycle helmet laws in Melbourne and how they play a role in your safety, as well as your legal right to collect damages after an accident.
If you have questions regarding helmet laws or were injured in a motorbike collision and need legal guidance, contact our highly trained motorcycle accident attorneys at Norden Leacox Accident & Injury Law for a free initial meeting today.
While the US Department of Transportation recommends that all motorcyclists wear helmets that meet Federal Motor Vehicle Safety Standards, Florida law does not require motorcyclists to wear helmets if they are over the age of 21. This is the case regardless of what type of bike it is. However, if a person chooses not to wear a helmet, they must carry a minimum of $10,000 in medical insurance coverage.
Although motorcycle helmet laws in Melbourne are extremely lenient, wearing a helmet can protect cyclists and save their lives by shielding the head from damaging impact. Making contact with cars or trucks, the ground, or other motorcycles at high speeds can result in catastrophic injuries such as:
In addition, if a helmet is worn during a crash, it can help eliminate the potential argument that the motorcyclist was comparatively at fault for not wearing appropriate protective gear.
Even though it is not technically against the law, choosing not to wear a motorcycle helmet in Melbourne could impact an injured biker’s ability to collect compensation for their losses. This is because the concept of pure comparative negligence is used in Florida. Comparative negligence means that the jury will assess what percent of fault each participant contributes and can decrease the amount of compensation an injured individual is awarded by the percentage that they are found to be responsible for the incident. For example, if a motorcyclist is found to be 30 percent at fault, they would only be able to recover 70 percent of the damages owed.
If a biker is claiming to have a severe head injury and did not have a helmet on at the time of the crash, the defense could use that to argue that they are comparatively at fault and that compensation should be reduced accordingly. Having skilled legal counsel, regardless of helmet status, can be vital in achieving the best possible legal outcome under the circumstances.
Motorcycle helmet laws in Melbourne are relatively straightforward. However, things become more complex if you are injured in an accident. Besides providing you with safety and protection, helmets can also play a role in the amount of compensation you are able to collect if a negligent driver causes the incident. These concepts are easier to navigate and understand with the guidance of a seasoned attorney.
Contact Norden Leacox Accident & Injury Law for a free consultation today if you were injured in a motorcycle accident. Our attorneys have extensive experience in trials and are not afraid to fight on your behalf.