Can a failure to wear a helmet reduce the claim for damages sustained by an injured motorcycle rider in Florida?
Your failure to wear a helmet while operating a motorcycle can reduce your claim for damages. Florida is what is known as a comparative fault state. That means that a jury could say to themselves it reflected in their verdict, that your damages were caused in whole or in part by your failure to wear a helmet. If that’s the case, your damages are either going to be completely eliminated, if it’s a head injury, or reduced to the proportion that the jury feels is attributable to your failure to wear that helmet.