Helmet Defense

By jmaroney on November 24, 2008

While there is a sense of freedom and increased pleasure riding a motorcycle without a helmet, there are potential legal consequences.  In Florida, along with twenty-seven other states, a helmet is no longer required with proof of health insurance.  However, if you are involved in an accident that involves head injuries, we are experiencing more and more difficulty getting full compensation for riders who were not wearing helmets.  The jury will hear that the helmet was not being worn at the time of the accident and this inevitably affects the amount of pain and suffering that is awarded, even when the motorcycle rider was not at fault in any way for the accident.

For many years, people have been punished for not wearing a seat belt when the jury believes a seat belt would have prevented the injuries.  We are now experiencing this with people who are not wearing helmets, even though there is no law requiring one to be worn.

Posted in motorcycle accidents |