I was injured in a Florida motorcycle accident, but I was not wearing a helmet. Can I still…
If you are riding a motorcycle in the state of Florida, and not wearing a helmet, and you are involved in an accident that’s somebody else’s fault, you can still recover for the damages and the injuries. However, there is an exception. If you are not wearing a helmet, which you’re not required to do under the state of Florida, and you receive injuries to a portion of your body, which would be your head that would be covered by the helmet had you been wearing one, you would not recover for those damages. So, for example, if you’re thrown from the motorcycle, and you sustain a skull injury and that is your only injury, you likely will not be able to recover from the insurance company. If you’re thrown from a motorcycle and sustain a break to your leg, that clearly would not have been prevented by you wearing a helmet, and therefore, you would be able to recover for that injury.
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