How helmets impact a bicycle accident settlement will vary based on state law. Your bicycle accident settlement may depend on factors such as:
- How fault is determined in your state
- Whether or not a bicycle rider’s fault level affects the potential compensation available
- Whether your state requires bicycle helmet usage or other safety gear
In some states, a bicyclist can be found partially at fault for their injuries in an accident if they were not wearing a helmet. This can also reduce their settlement value. In Florida, however, adult bicyclists are not required to wear a helmet by law. Failing to wear a helmet may have no impact on a bicyclist’s settlement value.
How Bicycle Safety Laws in Florida Might Affect Personal Injury Cases
In Florida, wearing a bicycle helmet may be a wise choice for your personal safety, but it is not legally required—unless the bicycle rider is under 16. Per Florida Statutes § 316.2065(2)(d), children under 16 on a bike should be wearing a well-fitted helmet that meets federal safety regulations.
This same set of Florida laws detail other requirements for bicyclists, including:
- The bicycle should not carry more people than it was designed to carry
- A rider should not sit on any part of a bike other than the seat designed for the purpose
- A bicycle rider has the same responsibilities and rights as a vehicle driver
Other local laws may affect where and how riders should ride bicycles.
What Happens When an Adult or a Child Bicyclist Is in an Accident?
If you are a bicyclist who was in a crash with a motor vehicle, you’re likely wondering how these laws affect your potential level of fault and ability to collect compensation.
The good news for bicyclists is:
- Florida Statutes § 316.2065(18) explicitly states that a bicyclist’s compensation after an accident will not be affected if they weren’t wearing a helmet at the time of the accident
- The same is true for both adult bicycle riders and children under 16 who were not wearing helmets during an accident
In short: If a negligent vehicle driver tries to claim they don’t owe you money after an accident because you or your child wasn’t wearing a helmet, a lawyer can challenge this claim for you. Whether the bicyclists in a crash were wearing helmets or not, they might still have a right to collect compensation.
To consult with an experienced bicycle accident lawyer today, call 855-780-9986
How Your Lawyer Can Help You Pursue the Compensation You Deserve
Seeking compensation after an accident can be complicated, especially if you were a bicyclist in an accident with a vehicle driver.
Your lawyer can help you with the entire process of a claim or lawsuit, including:
- Demonstrating the extent of your losses, the seriousness of your injuries, and the value of your medical bills
- Handling all the conversations with other lawyers and insurance companies for you
- Negotiating a fair settlement
- Taking your case to civil court, if necessary
- Explaining how Florida laws about helmets may impact your bicycle accident settlement
- Advising you of your legal options at every step
Ultimately, it’s your choice to determine if you need a lawyer or not. However, keep in mind that many injury lawyers work based on contingency fees. This means you only pay your lawyer if you win your case, and you can get started on an injury case without paying upfront fees.
Defending You Against Challenges to Your Bicycle Injury Case
Unfortunately, in a bicycle accident case, the other party might attempt to downplay your case’s seriousness or otherwise prove you don’t deserve compensation.
They may try to claim that:
- You contributed to the crash, and therefore, your settlement should be reduced
- Your injuries aren’t serious
- You made your own injuries worse
Your lawyer can build strong evidence to counter these claims. Bicycle accident lawyers are familiar with the kinds of challenges bicyclists face in injury cases. They are prepared to fight for your rights in an insurance claim or at trial if necessary.
You Can Seek a Financial Recovery After a Bicycle Accident in Florida
You don’t have to pay for the costs of an accident that someone else caused. A vehicle driver or another party may be found responsible for your crash.
You could seek compensation for:
- Medical bills for past, present, and future care
- Property damage for the repair or replacement of your bicycle
- Income losses
- Reduced earning capacity
- Pain and suffering
If you lost a loved one to a bicycle accident, you could have a right to seek compensation and justice. You could file a wrongful death claim or lawsuit and receive compensation for your loved one’s medical bills, funeral expenses, and your own financial hardships after your loss.
Call Bogin, Munns & Munns to Learn Your Rights After a Bicycle Accident
If you’re facing painful injuries and other losses after a bicycle crash, our team can help. At Bogin, Munns & Munns, our attorneys bring decades of experience helping Florida injury victims seek the compensation they deserve. Let our team explain your rights and your next steps towards a recovery.
We offer free, no-obligation case reviews. Call us today to get started: (855) 686-6752.