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Do I Need to Wear a Helmet to Get Compensation for a Motorcycle Accident?

Unfortunately, getting into a motorcycle crash is much more dangerous than a conventional car accident. There were over 80,000 motorcycle-related injuries in 2021, and it’s not unlikely these resulted in serious injuries.

If you’re seeking accident compensation, you might be wondering if you should have been wearing a helmet during the motorcycle accident. We’ve put together a guide that outlines everything you need to know. Let’s dive in.

Do You Need a Helmet to Get Compensation?

In Florida, you can still file a claim even if you weren’t wearing a helmet. Someone 21 years of age or older can ride a motorcycle without a helmet as long as they have an insurance policy that covers at least $10,000 worth of medical benefits.

This is essential to keep in mind so you can pursue compensation. Of course, it’s always in your best interest to wear a motorcycle helmet while riding. This could mean the difference between whether you suffer major injuries or walk away with a few scratches.

There are many different types of helmets on the market, so you shouldn’t have trouble finding one suitable for you. Choose one that’s comfortable and doesn’t obscure your vision.

Will Not Wearing A Helmet Impact My Claim?

In most cases, no. The fact that you weren’t wearing a helmet doesn’t change who is liable for the accident. For example, your decision to not wear a helmet has nothing to do with someone who was driving under the influence.

However, you should keep in mind that it could affect your compensation. The other party may argue that your injuries would not have been as severe if you had been wearing a helmet. So, while you wouldn’t be to blame for the collision, you may be held partially liable for how badly you were hurt.

This only occurs in certain cases, though. If you didn’t experience injuries to the neck or head, then the presence of a helmet (or lack thereof) is irrelevant.

What to Do After a Motorcycle Accident

Motorcycle accidents can be highly traumatic. Unless you’ve already thought of what to do during the aftermath, you might not know the best course of action. Consider the below points so you know how to react if you get into a collision.

Get to Safety

If possible, relocate to a safe location. The worst place you can be is in the middle of the road. Depending on the circumstances, you might have to navigate to a median or highway shoulder.

If you can’t move on your own, stay where you are until help arrives. Motorcycle accidents are often serious, and it’s not uncommon for riders to experience major back or neck injuries.

Call the Police

Call the police immediately after the incident. Tell them your location and what occurred.

Wait until they arrive at the scene to provide a detailed account of the events. Your main priority is getting them to respond as quickly as possible.

The officers who visit the scene will take a detailed report. This includes their observations, witness statements, etc. Ask for a copy of this report before the officers leave.

They’ll provide info on how to obtain one. A police report carries significant weight in court, so don’t neglect this obligation.

Gather Evidence

As long as you can do so safely, gather evidence at the scene. A few photos and videos will go a long way toward establishing what happened. Document anything you feel can help your case.

Common forms of evidence include debris from a wreck, poor roadway conditions, etc. If you can’t use your phone to gather evidence, ask someone nearby to help you.

If you get into a collision with another driver, minimize your contact with them. You should also never apologize or admit fault. Even a statement as simple as “I’m so sorry, I didn’t see you” could come back to haunt you when seeking compensation.

Interview witnesses at the scene if there are any. The best way to do so is to take a video or audio recording of their statements. Be sure to get their permission first.

At the beginning of these recordings, have them state their full name, the date, the time, and what happened from their point of view.

Seek Medical Attention

Establishing medical records is crucial when it comes to seeking compensation. After all, you won’t have much of a case if you can’t prove your injuries.

Seeking medical attention will also rule out underlying problems. Unfortunately, there are many unseen issues that can arise after physical trauma.

These can quickly become serious without the right diagnosis. The last thing you want is to experience unexpected health problems that could have been prevented.

Hire an Attorney

Once you’ve completed the above steps, get in touch with a reputable attorney. They have the tools and resources to help you get what you deserve.

When looking for an attorney, research their past reputation. There should be no shortage of positive feedback from previous clients.

Ensure they specialize in this area of law. Ask about their billing structure, as well. Some attorneys charge hourly, while others operate on a contingency basis.

This refers to a situation where your lawyer will take their compensation from the money you’re awarded. So, you don’t need to pay money upfront.

Consider how comfortable you are communicating with them. It’s in your best interest to find an attorney who seems passionate about helping you reach your goals. If they aren’t enthusiastic, continue your search elsewhere.

If your prospective lawyer plans on delegating your case, ask to meet with the other attorney. While delegation isn’t inherently bad, it could result in someone you don’t know working on your case.

Take Action ASAP

If you get into a motorcycle accident, it’s crucial to take action as soon as possible. This will give you the best chance of achieving a favorable outcome. From here, you’ll be on your way toward getting your life back on track.

Book a free consultation with RHINO Lawyers today. Our team of legal professionals can assess your needs and provide the best representation.


In short, after a motorcycle accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.