The Risks of Riding Your Motorcycle Without a Helmet

Helmet use among motorcyclists has significantly decreased from 2019 to 2020. In Florida, riders over the age of 21 do not have to wear a helmet as long as they carry at least $10,000 in medical insurance coverage. However, even though the law doesn’t require all motorcycle riders to wear helmets, it doesn’t mean you shouldn’t.

If you or someone you love has been involved in a motorcycle accident, contact the Motorcycle Accident Attorneys for a free case evaluation.

Increased Risk of Injury and Death

Not only are motorcyclists more likely to be involved in an accident than someone driving a car, but they are also approximately 29 times more likely to be killed and four times more likely to be injured. Riding a motorcycle is even more dangerous if you do so without wearing a helmet. The federal government estimates that unhelmeted riders are three times more likely to sustain a brain injury in a collision. A study published online in the Journal of the American College of Surgeons also discovered that riders without a helmet are 22 percent more likely to suffer a cervical spine injury, which can result in paralysis.

Why Riders Should Wear Helmets

Although helmets are not a “cure-all” for motorcycle safety, public health researchers estimate that wearing a helmet can reduce the risk of being killed in an accident by nearly 42 percent for motorcycle passengers and 37 percent for operators. Other key findings from the National Highway Traffic Safety Administration (NHTSA) include:

  • In states that do not have universal helmet laws, such as Florida, 57 percent of the motorcyclists killed in 2019 did not have helmets. Compared to the 9 percent in states with universal helmet laws.
  • Approximately 749 lives could have been saved in 2017 if all motorcyclists had worn helmets. 1,872 motorcyclist’s lives were estimated to have been saved because of helmets.
  • 51% of riders killed in Florida motorcycle accidents in 2019 were not wearing helmets.
  • Results from the National Occupant Protection Use Survey (NOPUS) show that the overall rate of DOT-compliant motorcycle helmet use nationwide was 70.8% in 2019.

In addition to dramatically decreasing the risk of fatalities, helmets can also assist in preventing severe and permanently debilitating injuries, such as:

  • Traumatic brain injury
  • Spinal cord injuries
  • Skull and facial fractures
  • Disfigurement and scarring
  • Damage to the ears and eyes
  • Dental injuries

Choosing a helmet that meets minimum safety standards is also critical. The way to find a reliable and well-made helmet is to look for the DOT on it. A DOT-approved helmet means it legally meets the NHTSA’s set of standards created to ensure helmets provide an acceptable level of protection.

The Impact of Helmets on Liability

Being involved in a motorcycle accident without wearing a helmet can also impact your injury claim. Even if the law doesn’t require you to wear one, the at-fault party’s insurance company can blame the severity or cause of your injuries on your negligence for failing to wear a helmet. As a result, it can be extremely challenging to recover a full and fair settlement. Florida courts follow the rule of pure comparative negligence, which reduces each party’s compensation based on their percentage of fault. For example, if you are awarded $100,000 but found 80 percent to blame for not wearing a helmet, you will only recover 20% or $20,000.

Discuss Your Case With a Motorcycle Accident Lawyer

If you or a loved one has been injured in a motorcycle accident, protect your right to compensation and schedule a free consultation with LaBovick Law Group. Call (561) 623-3681 or contact us online today.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.