What if the motorcycle accident victim was not wearing a helmet and suffered a head injury?

Florida law is still in a little bit of flux regarding the legal effect of not wearing a helmet in a motorcycle crash. It has no effect on your right to recover for broken bones, road rash, and injuries to other body parts. For head injuries the legal principles involved are called “comparative fault” and “mitigation of damages.” Most likely the mitigation theory will be applied to your case, so the jury will be told that even if the car driver was 100 percent at fault the jury should decide if the head injury would have been less severe or non-existent if you had “mitigated” your damages and protected yourself with a helmet. If so then your recovery could be less. While McMillen Law Firm strongly encourages all motorcycle riders and passengers to wear a helmet and other protective gear, we also support your right to decide for yourself. It’s what living in a free society is all about.

The McMillen Law Firm represents motorcycle accident victims throughout Florida, including Orlando, Tampa, Jacksonville, Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples, Panama City, Pensacola, Sarasota, St. Augustine, St. Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm Beach, and the counties of Bay, Brevard, Broward, Collier, Dade, Duval, Escambia, Highlands, Hillsborough, Indian River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola, Palm Beach, Pinellas, Polk, St. John’s, St. Lucie, Sarasota, Stuart, and Volusia.