Florida Personal Injury Insurance Claims and Legal Proceedings
Dealing with insurance companies is a common aspect of personal injury cases. We understand that it is essential to navigate the claims process, whether the cyclist's insurance or the at-fault party's insurance. Our legal professionals can assist in negotiating with insurance companies to ensure fair compensation for medical expenses, property damage, and other losses.
Florida's Helmet Laws
Florida's helmet laws for cyclists are relatively lenient compared to other states. Florida Statutes § 316.2065 states that all bicycle riders and passengers under 16 must legally wear helmets. Riders and passengers over 16 may choose not to wear a helmet. Violating the law can result in a citation by law enforcement, and you may have to pay a fine.
Helmet Impact on Bicycle Accident Cases:
Whether or not a cyclist wore a helmet may impact the severity of injuries sustained in an accident. In some cases, wearing a helmet can mitigate head injuries, but it doesn't necessarily determine who was at fault for the accident. Suppose the biker's head was not impacted by the accident. In that case, if the bicycle accident case goes to trial, the jury should be precluded from hearing evidence as to whether or not the victim was wearing a helmet at the time of the accident. This is because it is deemed irrelevant by statute. A personal injury case focuses on proving negligence and establishing a causal link between the defendant's actions and the plaintiff's injuries.
Navigating bicycle accident cases in Florida involves a nuanced understanding of the state's helmet laws and how they intersect with liability and damages. While helmet use is not legally mandated for all cyclists, its impact on a personal injury case should be assessed on a case-by-case basis. If you or a loved one has been involved in a bicycle accident, contact Williams Law, P.A., and our personal injury attorneys can help you understand your rights and pursue fair compensation based on Florida's legal framework.
