According to Florida state law, all bicyclists who are under the age of
16 must wear a helmet that is properly fitted and fastened. Bicyclists
aged 16 years old and older are not required by law to wear a helmet,
but it is strongly recommended that they do so. The reason for the bicycle
helmet law is simple—wearing a properly fitting and secured helmet
can reduce the risks of a head injury by 85%.
Personal Injury Claims & Helmet Laws
In Florida, if you are
injured while riding a bicycle and you are not at fault, you may be eligible to recover compensation,
whether or not you are wearing a helmet. A lack of helmet used to be considered
as the victim contributing to their injuries, but that time is past. According
to Florida Statutes §316.2065(18), "the failure of a person
to wear a bicycle helmet or the failure of a parent or guardian to prevent
a child from riding a bicycle without a bicycle helmet may not be considered
evidence of negligence or contributory negligence."
What this law means is that a victim cannot be considered to be partially
at-fault for their injuries simply because they were not wearing a helmet.
This means that insurance companies cannot reduce the value of your injury
claim based on whether or not you were wearing a helmet at the time of
It’s worth noting that the helmet defense does apply to
motorcycle accidents, and a victim may be held partially liable for their injuries if they
neglected to wear a helmet while riding. This distinction is especially
crucial for cases involving traumatic brain injuries.
Have questions about Florida’s helmet laws and how they may affect
your injury claim? Don’t hesitate to ask our Tampa Bay
personal injury attorneys. The Paulsen Law Group is dedicated to protecting the rights
of the injured, and we are here to support your claim. Schedule a free
consultation to learn more about our services or your legal options.
Contact our team online, or call (727) 270-8260 to begin today.