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You are here: Home / Personal Injury Frequently Asked Questions / FL Motorcycle Accidents: Recovering Damages After an Injury (No Helmet)

FL Motorcycle Accidents: Recovering Damages After an Injury (No Helmet)

Yes, you can, but it really depends on the types of injuries that you suffered. For example, if you fell off your bike, and you suffered a road rash, say really badly on the side of your leg, or you broke your leg, then those types of injuries are really unrelated to the use of a helmet, so you could make a full recovery from those types of injuries.

If, however, you suffered a neck injury or head injury that may have been mitigated by the use of a helmet, and your failure to use a helmet maybe made things a little bit worse, then in Florida, we are a comparative negligent state, which means that your recovery could be reduced by the amount of your comparative negligence.

So if a judge or jury found that you were 50% at fault for your failure to wear a helmet, then your damages may be reduced by 50% in relation to your comparative negligence.

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