Can I recover compensation if I was not wearing a bicycle helmet when hit by a car in Florida?
Yes. Under Florida Statute § 316.2065(18), an adult bicyclist's failure to wear a helmet cannot be considered evidence of negligence or contributory fault. Under Florida law, bicycle helmets are only legally required for riders and passengers under the age of 16. If a negligent motorist struck you, the insurance company cannot argue that riding without a helmet caused the crash. The Altman Law Firm, led by Jeffrey S. Altman, helps injured cyclists protect their rights against negligent drivers. While comparative negligence principles under Fla. Stat. § 768.81 apply if you committed a traffic infraction, simply riding without a helmet does not bar your injury claim.
All answers
Explore our Miami practice areas