Motorcycle accidents are some of the most severe collisions on the road. If you were recently involved in a motorcycle crash, understanding New Port Richey’s helmet laws could play an essential role in your personal injury case. Depending on the circumstances, the use or lack of a helmet may affect liability, fault, or potential compensation.
An experienced local attorney at LMD Injury Lawyers can help you navigate the legal process, explain how Florida’s helmet laws may apply to your situation, and fight for the full compensation you deserve.
State law recognizes the danger of motorcycles but also respects the rights of riders and passengers to make their own informed choices. While helmet use is strongly encouraged, it is not mandatory for all adult riders.
According to Florida Statutes § 316.211, riders must wear eye protection and protective headgear that fits securely and complies with federal standards set forth by the Department of Transportation. However, if a biker is over 21 years old, they may ride without a helmet if they have sufficient insurance protection, including a minimum of $10,000 in medical benefits for injuries occurring in a motorcycle crash.
Violations of the helmet law are considered noncriminal, nonmoving traffic infractions, so violators will not face criminal charges. First-time offenders face $30 fines, with repeat offenders potentially facing additional fines.
A skilled New Port Richey attorney could explain the local helmet laws and how they could affect your motorcycle accident case.
Although the law in New Port Richey does not require motorcycle riders over 21 to use helmets if they have sufficient insurance coverage, failure to wear a helmet or to comply with other relevant motorcycle laws could impact your ability to recover full compensation for your claim.
The state courts operate with a modified comparative fault standard, which means that even if you bear some of the fault for your accident or injuries, you might still be able to sue for damages. If the courts determine you were 50 percent or less to blame, they might grant you some compensation while reducing your recoverable damages by the amount of your percentage of fault.
For instance, not wearing a helmet may not have contributed to your motorcycle crash, but it could have greatly impacted the severity of your injuries. If you were not wearing a helmet when your accident happened, you might have sustained more facial damage and head and neck trauma than if you had been wearing a helmet. In this example, a court may determine that your concussion would have been 25 percent less severe had you been wearing a helmet and reduce your awarded damages by that amount.
Our knowledgeable lawyers could review the facts of your accident and explain how comparative fault rules might apply to your individual case. We know how to prove liability and could work tirelessly to strengthen your claim for full and fair damages.
Understanding how New Port Richey motorcycle helmet laws could affect your recovery of damages could be critical to the success of your lawsuit.
Meet with a trusted local lawyer who could aggressively fight on your behalf to get a settlement or damages award that could help you and your family.
727-849-5353