Can a failure to wear helmet reduce claim of damages sustained by injured motorcycle rider?


Yes, it can. Although Florida law does not require motorcyclists to wear a helmet, if a motorcycle rider chooses not to protect himself and sustains a head injury, he will face an argument by a Defendant that he is partially, or comparatively, at fault for his own injuries. Always wear a helmet.


Florida does not require motorcyclist to wear a helmet. That being said, if you don’t have a helmet on and you sustain a head injury then I think a valid argument is that you are comparatively at fault for what happens.


Julie S. Luhrsen, Esq.

Julie Luhrsen represents the injured. Like Atticus Finch, the fictional hero of Harper Lee’s To Kill A Mockingbird, for Julie it’s about looking out for others, it’s about leveling the playing field. 

For over 20 years, Julie’s been looking out for personal injury victims and their families who’ve suffered injuries due to someone else’s carelessness or wrongdoing. She’d welcome the chance to stand in your shoes and evaluate your case – confidentially and at no cost. Please contact her today if you or a loved one has been a victim of an automobile crash, motorcycle wreck, slip or trip and fall incident, homeowner negligence, or any other negligent injury or wrongful death.