A 21-year-old Land O’ Lakes man was killed while riding his motorcycle on North Dale Mabry Highway after an SUV turned into his path, colliding with him. The man was reported to have suffered fatal injuries, despite having worn a helmet. The recent accident shows that helmets aren’t always enough to protect bikers from fatality.
Under Florida’s helmet law, bikers under 21 must wear a helmet while riding a motorcycle or moped. However, bikers over 21 are not required to wear protective headgear if they are covered by an insurance policy providing $10,000 or more in medical benefits for accident-related injuries.
Head injuries are some of the most serious injuries that can be sustained in motorcycle accidents. Common types of head and brain injuries a motorcyclist may suffer in an accident can include:
- Traumatic brain injury
- Memory loss
- Epidural or subdural hemorrhage
- Subarachnoid hemorrhage
- Decreased cognitive functioning
- Depression and anxiety
These types of injuries can result in the need for extensive medical treatment, physical therapy and hospitalization or surgery. They can also cause permanent disability.
Regardless of whether a helmet was worn at the time of an accident, an injured motorcyclist may not be barred from bringing a lawsuit for head or brain injuries they sustained due to another driver’s negligence. If someone else on the road acted carelessly or recklessly, they may be held liable for any damages they caused the biker to sustain.
Although a lack of helmet doesn’t stop a biker from recovering their economic and non-economic losses from a negligent driver, the amount of recovery may be reduced under Florida’s comparative fault rules. Under this doctrine, a motorcycle accident victim can recover their accident-related damages, minus their share of fault. In other words, even if they are 99 percent liable for their injuries, they would still be entitled to recover one percent of the total allowable recovery.
If you were injured in a motorcycle accident, an experienced personal injury attorney can help you pursue compensation. Frank Charles Miranda, P.A. offers high-quality legal services and dedicated advocacy to motorcycle accident victims throughout the Tampa area. Call 813-902-3925 or contact us online to schedule a consultation at our office.