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How Does Wearing a Bike Helmet Affect Your Biking Personal Injury Lawsuit?
A bicycle helmet can help protect a rider from serious injury. Florida law also has specific rules about when helmets are required and whether lack of a helmet may be used in an injury lawsuit.
Who Must Wear a Bicycle Helmet?
Section 316.2065 requires a properly fitted, securely fastened, compliant helmet for bicycle riders and passengers under age 16. It does not impose the same general helmet requirement on riders age 16 or older.
How Does a Helmet Affect an Injury Claim?
Section 316.2065(18) bars treating failure to wear a bicycle helmet, or a parent or guardian’s failure to prevent a child from riding without one, as evidence of negligence or contributory negligence. This specific protection does not eliminate all comparative-fault defenses. Other riding conduct, causation, and the evidence of the collision can still matter.
Preserve photographs, witness information, medical records, and available crash video. An attorney can evaluate liability, damages, and applicable coverage without assuming that the presence or absence of a helmet resolves the entire claim.
Deadlines and Comparative Fault
Florida section 95.11 generally provides two years for negligence claims accruing after March 24, 2023. Earlier-accruing claims are subject to the transition rules. The claim type, accrual date, defendant, and applicable exceptions or notice requirements can change the analysis; do not assume every injury claim has the same deadline.
Under section 768.81, comparative fault can reduce damages. In covered negligence actions, a person more than 50% responsible for their own harm cannot recover. Statutory exceptions, including the medical-negligence exception to that bar, and the law’s applicability to the particular action must be considered. Neither injury nor another person’s traffic violation guarantees full compensation.
Injured in a Biking Traffic Accident?
At Valiente Law, our firm has represented many personal injury clients who were harmed in a variety of different kinds of injury cases, including bicycling injury cases. We know how catastrophic these injuries can be and that they can impact your entire life moving forward. Our experienced Miami personal injury attorneys are ready to help you get the compensation you deserve for your bicycling accident injuries. Contact us today to discuss your options.
Posted in: Personal Injury