Cycling is a healthy and eco-friendly mode of commuting, but accidents involving cyclists can be catastrophic, particularly if the cyclist is not wearing a helmet. Florida’s helmet laws, while aimed at reducing injury severity, present interesting implications within the realm of bicycle accident case law.
According to the law in Florida, those under the age of 16 must always wear a helmet while cycling. However, there’s no legal obligation for individuals aged 16 and above to do so. Despite it not being legally required, wearing a helmet is usually suggested as a measure to reduce the risk of trauma, including concussions or even traumatic brain injury, in the unfortunate event of an accident.
(Read about Florida’s helmet laws)
Now, the intriguing part for legal professionals is how these laws impact bicycle accident cases. Specifically, what happens when a rider is not wearing a helmet at the time they are injured?
The true effects of these laws on bicycle injury cases become apparent when drawing a parallel with motor vehicle accidents and seat belt laws. In the latter, an injured party’s failure to use a seat belt can impact the damages they may receive by allowing the defense to argue comparative negligence. Could a similar principle apply in the case of a cyclist not wearing a helmet?
The impact of helmet laws upon claims in Florida is legally ambiguous and provides fertile ground for case-law development. Legal professionals spearheading such bicycle accident cases should keep a vigilant eye on this evolving area of law, as it presents unique challenges and opportunities in personal injury claims.