Clearwater helmet laws are designed to reduce the risk of severe head injuries in a motorcycle crash. However, not all motorcycles follow the laws and wear helmets. Unfortunately, motorcycle accidents can result in traumatic brain injury and other injuries, even when riders wear a helmet.
The Clearwater motorcycle accident attorneys of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers work with motorcycle riders to get the compensation they deserve after a crash.
How Our Clearwater Personal Injury Lawyers Help You After a Motorcycle Accident
Our attorneys have over 300 years of combined legal experience. Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers has been fighting for the rights of injured individuals throughout Pinellas County Since 1955. Our goal is to get you the best possible settlement for your motorcycle accident case.
When you hire our legal team, you can expect us to:
- Investigate the cause of your motorcycle accident to determine who was at fault for the crash
- File insurance claims and monitor claim status
- Document damages and calculate the correct value of those damages
- Negotiate a settlement agreement
- Monitor deadlines for filing lawsuits
- File and pursue a personal injury lawsuit, if necessary
You deserve to receive compensation when another party causes a motorcycle accident. Contact the Clearwater personal injury lawyers at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for your free consultation to discuss your legal options.
Wearing a Motorcycle Helmet Can Reduce the Risk of Injury in a Crash?
Wearing a helmet saves lives in bicycle accidents and motorcycle crashes. According to the CDC, 1,859 lives were saved because of motorcycle helmets in 2016. Another 802 lives could have been saved that year had those individuals been wearing a motorcycle helmet.
Motorcycle riders are 29 times more likely to die in a traffic accident than people in a passenger vehicle. However, when a person wears a motorcycle helmet when they ride a motorcycle. Wearing a helmet when riding can reduce the risk of death by 37 percent and reduce the risk of a head injury by 69 percent.
What Are the Motorcycle Helmet Laws in Clearwater, FL?
Many states have enacted mandatory motorcycle helmet laws. There is a mandatory helmet law in Florida, but there is an exception to the requirement to wear a helmet.
The law requiring riders to wear protective eye protection and headgear is in Florida Statute §316.211. Riders in enclosed cabs are not required to wear helmets.
Also, a rider who is over the age of 21 may choose not to wear a motorcycle helmet. However, the rider must have medical insurance that provides a minimum of $10,000 in medical benefits coverage. No-fault insurance or PIP coverage does not apply to motorcyclists or their passengers.
Common Motorcycle Accident Injuries in Clearwater
Because a motorcyclist does not have protection from a collision like a passenger in a vehicle, the rider has a high risk of sustaining severe injuries during a crash. Many riders sustain life-threatening or catastrophic injuries.
Common injuries sustained in motorcycle crashes include:
- Road rash and abrasions
- Head and brain injuries
- Fractures and broken bones
- Spinal cord and back injuries
- Internal organ damage
- Loss of limbs and amputations
- Neck and shoulder injuries
- Severe disfigurement and scarring
The medical bills, lost wages, and other damages can be significant. The pain and suffering a rider experiences after an accident can be debilitating. A rider might be entitled to compensation for damages if another driver caused the crash.
Suing Another Driver for a Clearwater Motorcycle Accident
Florida’s no-fault insurance laws do not apply to motorcyclists. Therefore, a rider can file a lawsuit against another driver to recover compensation for their damages. The motorcyclist would not need to meet the serious injury threshold to sue the other driver.
However, the insurance company for the other driver may raise allegations of contributory fault if the rider was not wearing a motorcycle helmet. The insurance company may allege that the rider would not have sustained serious head injuries but for their failure to wear a helmet.
If you are over 21 years of age and meet the requirements, you would not break the law if you were not wearing a helmet. You might use this argument as a defense. However, you could still have a tough fight to recover fair compensation for your injuries, especially if you do not retain a motorcycle accident attorney to handle your case.
Schedule a Free Consultation With Our Clearwater Motorcycle Crash Lawyers
If you ride a motorcycle, you know the risks for injury from a motorcycle crash. We want to help you receive a fair settlement. Call our law office now to schedule a free consultation with one of our personal injury lawyers in Clearwater, FL.