Bicycle accidents can happen unexpectedly, and not all cyclists wear helmets. Many riders choose not to wear one, whether due to comfort, confidence, or just not thinking about it. If you find yourself in a bicycle accident without a helmet, you may wonder how this affects your ability to file a claim.
While wearing a helmet is a good safety measure, it doesn’t necessarily prevent you from seeking compensation. There are certain factors to consider when determining your right to file a claim in Florida after a bicycle accident.
Florida’s helmet laws and your claim
Florida law only requires cyclists under 16 to wear helmets. If you’re 16 or older and weren’t wearing a helmet during an accident, you may still be able to file a claim. The law won’t stop you from seeking compensation for injuries, damage to your bike, or other losses. However, the circumstances might make the court look at your case differently.
For instance, if you suffered head injuries and weren’t wearing a helmet, the insurance company or other party may argue that you are partially responsible. This is because wearing a helmet could have reduced the severity of your injuries. Florida follows a “comparative negligence” rule, meaning the court may reduce your compensation if it finds you partially at fault.
The impact of comparative negligence
Comparative negligence allows multiple parties to share responsibility for an accident. In your bicycle accident case, even if not wearing a helmet contributed to your head injury, it doesn’t prevent you from receiving compensation for the other parties’ share of the fault. For example, if the court says you are 20% responsible for your injuries, you can still claim 80% of the total possible compensation.
This means you can still seek compensation for other injuries, such as broken bones or damages to your bike. The key factor is whether another party, like a car driver, contributed to the accident through negligence.
Wearing a helmet is important for safety. However, even if you weren’t wearing one in an accident, you still have the right to pursue a claim in Florida.