Tallahassee bicycle helmet laws forbid children under 16 from riding without head protection. However, riders over 16 can choose whether to wear a helmet. Unfortunately, many people decide not to do it. As a result, they sustain serious injuries in the case of an accident.
Helmets offer partial protection for the bicycle rider. However, if a serious accident occurs, head injuries are still possible. To recover damages for some of these injuries, the cyclist has the right to file a claim against the at-fault party. An experienced bike crash attorney could help you seek fair compensation.
State Bicycle Helmet Laws
A bicycle rider under 16 years of age must wear a properly fitted and secured helmet. So should all passengers under 16. Failing to do so can result in a fine of $15. The lightness of the penalty often causes riders to ignore the need for a helmet.
Adults are not obligated to wear a helmet while riding a bicycle in Florida. However, in case of an accident, a person without a helmet is contributing to their injuries. When such a person files a claim, their compensation could be reduced according to the comparative negligence laws.
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How Comparative Negligence Works
Comparative negligence laws allow the victim of the accident to recover damages even if they were partially at fault. For example, the biker in Tallahassee did not abide by the helmet laws and was hit by a negligent driver. The rider is suing the driver for $100,000 in damages. The court or insurance company may decide that the driver was 80% responsible for the damages while the cyclist was 20% responsible (because they did not wear a helmet). As a result, the cyclist’s payout can be reduced by 20%, and they will receive $80,000.
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Filing a Bike Collision Claim
Whether a person was abiding by bicycle helmet laws in Tallahassee or not, they have the right to seek compensation after an accident caused by negligence. Since Florida is a no-fault state, the rider can receive compensation from their auto insurance. In case the person does not own an automobile, they can file a claim with the at-fault driver’s insurance company.
The standard PIP insurance covers 80% of medical bills and 60% of lost wages. The PIP coverage is capped at $10,000. If the person’s damages exceed $10,000, they can use their health insurance or MedPay to cover additional costs. Unfortunately, pain and suffering are not covered by this insurance.
The injured cyclist has the right to file a personal injury claim against the at-fault party if the injuries are severe. Serious injuries include significant loss of an important bodily function, a permanent injury, significant disfigurement, and death. In these situations, the cyclist can recover full medical expenses, non-economic damages, and even punitive damages.
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Discuss Bicycle Helmet Laws with an Attorney in Tallahassee
Understanding Tallahassee bicycle helmet laws can help you avoid unpleasant surprises in case of an accident. Since bicycle riders are poorly protected from the impact, the injuries they sustain in road crashes are severe. Not wearing a helmet could interfere with the person’s ability to recover full damages.
An experienced personal injury attorney from Fasig | Brooks could help you navigate the accident and fight for the money you deserve. With legal assistance, you have more chances of recovering fair damages. Call us to schedule a free consultation at any time.
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