Can you file a bicycle accident claim against a negligent driver in Florida if you’re not obeying helmet laws? Bicycling is a popular mode of transportation and recreation in Florida, thanks to our sunny weather and scenic landscapes. However, according to News4JAX, the Sunshine State has the nation’s highest number of fatal bicycle accidents. There were nearly 8,000 bicycle crashes in a recent year, killing over 200 individuals.
The Importance of Helmet Use in Bicycle Safety
Wearing a helmet reduces the risk of head injuries in bicycle accidents. These statistics highlight the crucial role of helmets in safeguarding cyclists against severe and potentially fatal injuries. A helmet acts as a protective barrier, absorbing impact and reducing the likelihood of catastrophic accident outcomes.
According to the American College of Surgeons, wearing a proper-fitting bicycle helmet can reduce the risk of:
- Traumatic brain injury (TBI) by 53%
- Head injury by 48%
- Fatal injury by 34%
- Facial injury by 23%
Bicycle Accident Claims and Helmet Regulations in Florida
Florida’s helmet laws require cyclists under age 16 to wear a helmet. While there are no mandatory helmet regulations for adults, common sense dictates that it is safer to wear them than go without. When it comes to bicycle accident claims, the absence of a helmet could play a role in seeking compensation:
- Minors and Helmets — If a minor in an accident did not wear a helmet, they failed to comply with safety regulations, which can impact the claim. However, the specific case details can influence how much this affects the compensation.
- Adults and Helmets — For cyclists over 16, not wearing a helmet does not automatically imply negligence on the rider. Insurance adjusters and courts may still consider it when assessing the severity of injuries and determining compensation.
Impact of Helmet Use on Injury Claims
When a bicyclist sustains injuries in an accident, whether they wore a helmet can influence how the insurance company determines the rider’s share of liability, if any. There are a few reasons why:
- Increased Liability — Cyclists without helmets may face more scrutiny over shared liability for the crash. The insurance company might offer lower compensation since the lack of a helmet demonstrates a more casual approach to safety. This increased scrutiny can lead to a thorough investigation of the cyclist’s actions leading up to the accident, potentially reducing the settlement amount.
- Evidence of Responsibility — Helmets provide evidence of responsible behavior and can influence the outcome of a claim, especially in contentious cases. Demonstrating that the cyclist took appropriate safety precautions by wearing a helmet can strengthen their case. This evidence of responsibility can sway the insurance company to favor the cyclist’s claim, as it shows they were mindful of their safety and less likely to be negligent.
How Not Wearing a Helmet Affects Your Case
Many factors affect a bicycle accident claim, including the other party’s wrongdoing. Not wearing a helmet can complicate a case in several ways for the bicyclist.
- Contributory Negligence — Florida follows a comparative negligence system, meaning that the insurance company might reduce any compensation it pays if a cyclist is partially at fault for their injuries. For instance, if not wearing a helmet caused or worsened injuries, the compensation might decrease accordingly. This system assesses the degree of fault for both parties involved in the accident, and the compensation is adjusted based on the cyclist’s share of the blame.
- Medical Evidence — The extent and severity of injuries play a major role in personal injury claims. If a helmet could have mitigated the injuries, the argument for full compensation becomes more challenging. Medical experts may testify that injuries were more severe because the cyclist was not wearing a helmet. Detailed medical records and expert testimony are crucial in establishing the helmet’s impact on the injuries sustained, which can significantly influence the compensation awarded.
- Perception of Risk — Insurance companies and juries may perceive cyclists who do not wear helmets as taking unnecessary risks, which can negatively influence the case. This perception might lead to lower settlement offers or unfavorable verdicts. The lack of a helmet can create an impression that the cyclist was negligent regarding their safety, potentially affecting the jury’s or insurance adjuster’s view of the claim. Demonstrating responsible behavior by wearing a helmet is a critical factor in securing a favorable outcome in a personal injury case.
Filing a Bicycle Accident Claim in Florida
Despite the complications that might arise from not wearing a helmet, cyclists can still file a claim against a negligent driver. A successful claim must demonstrate that the driver’s actions were the primary cause of the accident and resulting injuries. The steps to take after a bicycle accident claim include:
- Seek medical attention and follow your healthcare provider’s recommendations.
- Take photos of the accident, your bicycle, injuries, and other relevant information.
- Keep medical bills and test results.
- Talk to a bicycle accident lawyer about your legal options.
The Role of Legal Representation
Legal representation can help you achieve the best possible outcome. An experienced bicycle accident attorney can assist you in several ways, including:
- Evaluate your case to determine the best course of action and potential compensation.
- Gather and examine evidence, including accident reports, medical records, photos, and witness statements.
- Negotiate with the insurance company to demand maximum compensation to cover your medical expenses, lost wages, and other losses.
- Represent you in court if negotiations fall through.
Contact a Florida Bicycle Accident Attorney Today
Bicycle accidents occur more often in Florida than in other states. Forgoing a helmet increases your risk of a severe injury and could make seeking compensation more challenging. Florida negligence laws are complex, and a qualified bicycle accident attorney can help you understand your legal options.
At The Bruner Law Firm, our experienced Florida bicycle accident attorneys can protect your rights and seek maximum compensation. Our lawyers have the knowledge and a proven track record to build a strong accident claim while you focus on recovering from your injuries. Call us today at (850) 243-2222 or contact us online for a free consultation.
