Am I Entitled to Compensation After a Bike Accident Even If I Wasn’t Wearing a Helmet?

In Florida and Georgia, people injured in bicycle accidents often wonder if they are entitled to receive compensation if they were not wearing a helmet at the time of the collision. While helmets are a good idea to protect riders from brain injuries, helmet use is not required for adults in either state, and many people find bike helmets uncomfortable or even distracting. So, it is important to understand how the lack of a helmet can affect your ability to seek compensation after a bicycle accident.

Understanding Comparative Fault in Bike Accidents

In both Florida and Georgia, bike accident cases are subject to comparative fault analysis. This means that your ability to recover compensation depends on the degree to which your actions contributed to your injuries. In Florida, a new provision, Section 768.81(6) of the code specifies that if you are not “greater than 50% at fault” for your harm, you can seek compensation from the other parties who were responsible for the accident and injuries. In Georgia, you must be less than 50% at fault to recover. Both states reduce the value of any compensation you receive to account for your share of fault. 

So, if a court found that your failure to wear a helmet contributed to 30% of the cause of your injuries, then your damage award would be reduced by 30% to account for your share of responsibility. If you had been awarded $100,000 for your medical bills, lost wages, pain, suffering, and other effects of your injuries, then that amount would be decreased by $30,000 and you would receive $70,000 instead. However, if the court ruled that lack of a helmet was 60% of the cause of your injuries, then you would not be able to recover any compensation through a lawsuit. You might still be able to receive compensation through insurance or other resources. 

Factors Considered in Bike Accident Cases

When assessing fault in a bike accident, helmet use is only one of many factors that can affect the issue of causation. While you may have been considered negligent for failing to wear a helmet, others may be considered negligent for a variety of other reasons, and these might have a much greater impact. Other factors to consider after an accident include:

• Traffic Violations: Violations of traffic laws, such as running red lights, failure to yield, or reckless driving, can significantly impact fault determination. If the other party violated traffic regulations, it strengthens your case for compensation.
• Road Conditions: Poor road conditions, inadequate signage, or construction hazards can contribute to accidents. If the accident occurred due to unsafe road conditions, liability may extend to governmental entities responsible for road maintenance.
• Distracted or Impaired Driving: If the driver was paying attention to a conversation instead of watching the road or if the driver was impaired by alcohol, drugs, or even legal medications, those factors could shift more of the blame onto the driver. 

Eyewitness accounts can often provide valuable insight into the circumstances leading to the accident. Witness testimonies can corroborate your version of events and strengthen your claim.

Bicycle Laws in Florida and Georgia

Understanding state-specific bicycle laws is crucial for both cyclists and motorists:

• Helmet Laws: In both Florida and Georgia, cyclists under the age of 16 are required to wear helmets. Older riders, however, are not. 
• Traffic Regulations: Bicycles are considered vehicles under state law in both Florida and Georgia. Cyclists must follow most of the same traffic laws as motorists, including obeying traffic signals, yielding to pedestrians, and using hand signals for turns. Failure to follow rules can lead to liability for a bicyclist. 
• Bike Lanes and Sidewalks: Florida and Georgia have regulations governing the use of bike lanes and sidewalks. Cyclists must use designated bike lanes when available, and if riding on sidewalks, they must yield to pedestrians and give audible signals before passing.

Common Injuries from Bike Accidents

Bike accidents can lead to a range of injuries, including:

• Brain Injuries: Without a helmet, cyclists are at a higher risk of sustaining traumatic brain injuries, concussions, and skull fractures.
• Facial Injuries: Cyclists involved in accidents often suffer facial lacerations, fractures, and dental injuries due to impacts with the ground or other objects.
• Spinal Cord Injuries: Severe bike accidents can result in spinal cord damage, leading to paralysis or loss of motor function.
• Fractures and Dislocations: Broken bones and joint dislocations are common in bike accidents, often requiring surgery and long-term rehabilitation.

The Leach Firm, P.A. Can Help You Pursue the Compensation You Deserve After a Bicycle Accident

Navigating the legal complexities of a bike accident case can be daunting, especially while recovering from injuries, so it is a good idea to seek legal assistance to help with your claim as soon as possible. While you focus on your recovery, a knowledgeable attorney at the Leach Firm, P.A. can be working to ensure your rights are protected and advocating for the maximum compensation you deserve. Your lawyer can gather crucial evidence to support your claim, including accident reports, medical records, witness statements, and expert opinions. 

Insurance companies often offer low settlements or deny valid claims, but we know how to negotiate with insurance adjusters to achieve a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If we cannot achieve a fair settlement through negotiation, we will be prepared to litigate your case in court. If you’ve been injured in Florida and Georgia call The Leach Firm at 844-722-7567 or contact us online to get a free case evaluation with a seasoned lawyer.