Helmet Laws
Like the majority of states, Florida has limited motorcycle helmet laws. This means riders in Ocala, Florida, are legally permitted to ride without a helmet. Even those violating the law will probably not get stopped because the law’s limits make it virtually unenforceable.
However, after a motorcycle accidents, the motorcyclist’s helmet use will become relevant to their injury claim. Specifically, failing to wear a helmet arguably creates an unreasonable risk of injury or death. As a result, the rider may share the fault for their head injury. Our experienced Ocala motorcycle accident lawyers with Allen Law Accident & Injury Lawyers help riders fight for fair compensation after another driver causes a crash. Contact us today at (352) 351-3258 for a free consultation.
How Allen Law Accident & Injury Lawyers Can Help After An Accident In Ocala, FL
For almost two decades, Allen Law Accident & Injury Lawyers has represented clients in Ocala, Florida, in their quest for injury compensation. Our Ocala personal injury attorneys have over a century of combined legal experience representing accident victims like you.
Our firm provides the following services when you suffer an injury due to someone else’s negligent or wrongful actions:
- Review your legal options with you so you can make informed decisions in your case
- Gather documents, records, and other evidence
- File a claim with the other party’s insurer and work diligently to settle it
- Litigate against the other party if settlement efforts fail
The injuries from a motorcycle accident can change your life forever. Contact Allen Law Accident & Injury Lawyers for a free consultation to discuss your motorcycle crash and the compensation you can pursue for your losses.
What Is The Value Of A Motorcycle Accident Case?
Florida has a helmet law because helmets work. According to the U.S. Centers for Disease Control (CDC), helmets reduce your head injury risk by up to 69%. However, helmets do not eliminate all risks. The severity of an injury will have a profound impact on the value of a motorcycle crash claim. Head injuries can have the following life-changing effects:
- Permanent brain damage
- Scars or other disfigurement to the face
- Loss of vision or hearing
The value of a case involving these permanent injuries will often be higher than one with only minor injuries.
What Will My Injury Compensation Cover?
The compensation you can seek for a motorcycle accident can cover your economic and non-economic losses. When you suffer a head injury in a motorcycle crash, you face expenses for medical care and long-term therapy. You can recover economic compensation to cover these costs. Non-economic damages are designed to compensate you for how your injuries impact your quality of life. This compensation covers the pain, mental anguish, disability, and disfigurement you suffered.
How Much Does A Motorcycle Accident Lawyer Charge?
Most injury lawyers charge a contingency fee equal to a percentage of the compensation recovered. If the lawyer loses the case, the client owes no fee. They are only billed if the lawyer wins or settles their claim.
What Happens If The Other Driver Blames Me For A Motorcycle Accident In Florida?
Florida’s helmet law requires all motorcycle operators and passengers to wear a helmet. However, it also has an exception that renders the statute nearly unenforceable. If you meet all of the following criteria, you can ride without a helmet:
- You are at least 21 years old
- You have health insurance
- Your health insurance will cover at least $10,000 in medical expenses from a crash.
Regardless of whether you can legally ride without a helmet, doing so may constitute negligence. In particular, a reasonably prudent motorcyclist would probably wear a motorcycle helmet. When a rider fails to wear one and suffers a head injury in a crash, the other driver can argue that the rider’s actions were a contributing factor.
In Florida, this argument has legal significance. The state’s modified comparative negligence law allows at-fault parties to reduce the amount they pay by shifting blame to the victim. If the victim’s share of the fault for not wearing a helmet is 40%, they can only recover 60% of their losses. However, if the victim is found to be more than 50% at fault, they cannot recover any compensation.
Getting Compensated For All Of Your Motorcycle Accident Injuries
Motorcycle accidents in Florida can result in a range of serious injuries due to the lack of protective barriers that motorcyclists face. Common injuries include traumatic brain injury, which can occur even with a helmet, as well as spinal cord injuries that may lead to paralysis. Road rash is another frequent injury resulting from skin abrasions caused by contact with the pavement, often requiring extensive treatment. Fractures to the arms, legs, and ribs are also common due to the impact and lack of protection. Additionally, internal injuries and soft tissue damage can occur, further complicating recovery.
What Are Common Causes Of Motorcycle Accidents In Ocala, FL?
The most frequently occurring motorcycle crash scenario is when a vehicle turns left across a rider’s path. Drivers often fail to spot approaching motorcycles due to inattention. When they turn as a rider approaches, the rider might hit the side of the vehicle and get ejected. The car could also hit the side of the motorcycle, knocking the rider to the ground and crushing them.
Additionally, excessive speed and impaired driving contribute significantly to the risk motorcyclists face. Poor weather conditions, such as rain or high winds, can also play a role in accidents, as can road hazards like potholes and debris. Furthermore, the lack of protection motorcycles offer–which is compounded if the rider isn’t wearing a helmet–means that even minor collisions can result in severe injuries, making awareness and caution crucial for both riders and other drivers on the road.
What Is The Deadline To File A Motorcycle Accident Lawsuit In Florida?
Florida only gives accident victims two years to file a personal injury lawsuit. You should act promptly after your motorcycle accident because a court can dismiss a case that’s been filed late. Your attorney will be able to help you ensure you file on time and don’t miss critical filing deadlines.
Contact Our Ocala Motorcycle Accident Lawyers For A Free Consultation
Florida’s helmet law is broad but difficult to enforce. When you suffer a head injury in a motorcycle accident, Allen Law Accident & Injury Lawyers is here to help you fight for fair financial compensation from the at-fault driver. Reach out to learn more today.
We also help injury victims after Ocala highway crashes, Ocala mass transit accidents, Ocala distracted driving crashes, car accidents, truck accidents, bicycle accidents, and other types of accidents.
