You were involved in a motorcycle accident at the intersection of Cortez Road and 14th Street in Bradenton, Florida. You suffered a traumatic brain injury when your head hit the pavement after being ejected from your motorcycle. You were not wearing a helmet at the time of the accident. As you pursue a claim for damages against the negligent driver who caused the crash, a failure to comply with Florida’s mandatory helmet law could significantly reduce the compensation you are entitled to receive. By meeting with the experienced motorcycle accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, you can learn how proper helmet use maximizes your claim and explore the impact of helmet laws on compensation for injuries like yours. Their legal team will fight to help you recover the maximum damages allowable under Florida law.
The Importance of Wearing a Helmet in a Motorcycle Accident
Wearing a helmet while operating a motorcycle can significantly impact the outcome of an accident and the amount of compensation received. According to the National Highway Traffic Safety Administration, helmets are 37% effective in preventing fatal injuries to motorcycle operators. Fatalities in motorcycle crashes are 30% less likely when the rider wears a helmet.
Reduced Severity of Injuries
Helmets protect the head, face and neck in the event of a crash. Traumatic brain injuries (TBIs) and other head wounds can lead to high medical bills, lost wages, and diminished quality of life. Wearing a helmet reduces the risk of dying in a crash by 37% and the risk of neck injury by 72%.
Maximized Claim Value
In the aftermath of an accident, an insurance company will review the details to determine fault and appropriate compensation. The severity of injuries directly impacts the settlement amount. Wearing a helmet demonstrates a commitment to safety that can strengthen your claim, whereas riding helmetless may be used to argue comparative negligence and reduce compensation.
Compliance with Florida Law
Florida law requires all motorcycle operators and passengers under 21 years of age to wear a helmet, and helmets are recommended for all riders. Failing to comply with the law can reduce your claim and be used against you by the insurance companies. Wearing a helmet shows you follow recommended safety practices, supporting your right to maximum compensation.
Following the rules of the road and taking recommended safety precautions like wearing a helmet can help ensure you receive fair compensation for injuries sustained in a motorcycle accident. The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have experience maximizing claims for clients seriously injured in motorcycle crashes.
How Helmet Use Impacts Your Ability to Receive Compensation In Bradenton
As an experienced motorcycle accident attorney in Bradenton, we have handled hundreds of cases involving riders who were and were not wearing helmets at the time of their accident. Our experience shows that helmet use, or lack thereof, can directly impact both liability and available compensation in a motorcycle accident claim.
Those who ride without helmets are much more likely to suffer traumatic head injuries, even in seemingly minor accidents. These injuries frequently require extensive, expensive medical treatment and can lead to long-term disability or impairment. For unhelmeted riders, the costs associated with treatment and recovery from head trauma may exceed the coverage limits of their insurance policy or the at-fault party’s policy.
In some cases, the rider’s own lack of helmet use may be seen as contributory negligence, reducing their available compensation.
In contrast, riders wearing proper safety helmets as required by Florida law are more likely to escape a motorcycle accident without serious injury. For helmeted riders who are hit by another vehicle, it is much easier to prove that the other driver was fully liable for the accident and injuries. This allows the helmeted rider to recover the full value of their claim, including costs for medical bills, lost wages, pain and suffering, and other damages.
Wearing a helmet is not just about safety, it’s about financial security and peace of mind. By taking this one simple step before getting on your motorcycle, you are protecting yourself physically as well as legally and financially in the event of an accident. At Goldman, Babboni, Fernandez, Murphy & Walsh, we fight for maximum compensation for all of our clients, regardless of helmet use, but we always advise riders to follow Florida’s helmet law for their own benefit and protection.
Specific Florida Laws Regarding Motorcycle Helmets
In Florida, there are laws in place regarding the use of helmets for motorcycle riders and passengers. All riders and passengers under 21 years of age are required to wear a helmet that meets the standards set by the Department of Transportation (FDOT). For riders over 21 years of age, helmets are not required if the individual has the proper insurance coverage.
Helmet Requirements for Minors
Minors under the age of 21 must wear a helmet that meets FDOT safety standards while operating or riding as a passenger on a motorcycle on Florida roadways. These helmets must properly fit the individual, with the chin strap securely fastened, to maximize safety. Failure to comply with this law can result in traffic citations and fines.
Exemptions for Adults Over 21
Adults over the age of 21 in Florida are exempt from the helmet law if they carry insurance coverage for at least $10,000 in medical benefits for injuries incurred in a motorcycle accident. The exemption only applies to the individual who carries the insurance, so any passengers on the motorcycle would still be subject to the helmet requirement. Riders who wish to take advantage of the helmet law exemption must carry proof of appropriate insurance coverage in the event they are pulled over by law enforcement.
Impact on Claims
Failure to wear a helmet as required by Florida law can have significant implications on any claims filed after a motorcycle accident. Insurance providers may deny or reduce claim payouts if the injuries were sustained or worsened due to the lack of a helmet. Compliance with helmet laws helps ensure you receive full compensation for injuries in the event of an accident. Following all traffic laws and safety requirements also establishes you as a responsible rider, which can positively influence claim determinations.
Wearing proper safety gear like a FDOT-approved helmet is the best way for motorcyclists to prevent or mitigate injury in the event of an accident. Following Florida’s helmet laws and exemptions helps riders maximize insurance claims should an accident occur. Responsible riding benefits both the health and finances of motorcyclists.
Documenting Your Injuries After an Accident on 14th St W
Should you be involved in a motorcycle accident on 14th St W, it is imperative that you properly document and record any injuries sustained. Carefully documenting your injuries can help to maximize your compensation claim with a personal injury attorney.
Photographic Evidence
Immediately following an accident, take detailed photographs of your injuries, the vehicles involved, and the surrounding area. Photographs provide concrete visual evidence to support your claim. Be sure to capture images of any visible cuts, bruises, fractures or other injuries. Photograph the motorcycle and any safety equipment like helmets that were in use at the time of the crash.
Witness Statements
Record the names and contact details of any witnesses to the accident. Witness statements help strengthen your claim by providing third-party accounts of the events. Ask witnesses to provide a written and signed statement of what they observed as soon as possible after the accident while events are still fresh in their minds.
Medical Records
Visit your physician promptly after an accident and disclose any injuries you have sustained. Your doctor will examine you, diagnose any injuries and may order tests to determine the extent of harm. The resulting medical records, diagnoses, test results and treatment plans become crucial evidence for your claim. Follow all recommendations from your physicians carefully and attend any follow-up visits. Keep records of all related medical expenses, as they may be recoverable.
Accident Reports
Request copies of any official accident reports filed by police or emergency responders. Accident reports contain key details about the crash such as time, location, vehicles involved, road conditions, witnesses and preliminary fault determinations. Review the reports for any errors or omissions and bring them to the attention of your attorney. Accident reports used together with medical records and witness statements, create a compelling case to maximize your compensation.
Proper documentation and a thorough investigation into the cause of your accident are essential to recovering maximum compensation. An experienced personal injury attorney can review all evidence, determine fault and liability, and negotiate a fair settlement on your behalf.
Why You Need a Motorcycle Accident Attorney Bradenton
As an experienced motorcyclist in Bradenton, Florida, you undoubtedly take appropriate safety precautions to minimize the risks of an accident. However, even the most cautious riders can become victims of careless drivers. If you have been involved in a motorcycle accident, it is in your best interest to hire an experienced motorcycle accident attorney to help you pursue the maximum compensation under Florida law.
Maximize Your Claim
Skilled motorcycle accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh understand Florida’s complex insurance laws and can help assess all damages to build a strong case. They will gather evidence from the accident scene, police reports, and witness statements to prove liability. They can calculate damages including medical bills, lost wages, pain and suffering, and property damage. With legal representation, you have the best chance of obtaining full compensation for your injuries and losses.
Navigate Insurance Companies
Insurance companies aim to settle claims for the lowest amount possible. Without an attorney, you may be pressured into accepting an inadequate settlement. Motorcycle accident lawyers are experienced in dealing with insurance companies and negotiating fair settlements. They will not be easily intimidated and will fight for the compensation you rightfully deserve.
Recover Lost Wages and Medical Expenses
The consequences of a motorcycle accident can be devastating. You may face expensive medical bills, rehabilitation, and time off work to recover. Motorcycle accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh understand how to calculate the true cost of an accident and will seek compensation for all economic losses and damages. With their representation, you have the best opportunity to recover expenses so you can focus on your recovery without financial burden.
If you have been in a motorcycle accident in Bradenton, hiring an experienced motorcycle accident attorney is critical. Legal representation gives you the best chance of obtaining fair compensation so you can move on from this difficult experience. The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have successfully represented many motorcycle accident victims in Bradenton and understand how to build a strong case and negotiate the maximum settlement on your behalf.
Proper helmet use is not just about safety, it’s about maximizing your claim if the unthinkable happens. Follow Florida’s helmet laws, and document your helmet’s FDOT certification. Should an accident occur, an FDOT-certified helmet shows you took appropriate precautions. Work with an experienced attorney like Goldman Babboni to build the strongest case possible. They have a proven record getting clients fair compensation. Don’t risk your claim over a simple helmet. Goldman Babboni stands ready to help if you’re injured around Cortez Road and 26th Street. Protect yourself, comply with laws, and let them handle negotiations if the unfortunate occurs.
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