Wasn’t wearing a helmet. Can I still recover damages?

The answer is “yes.”

In Florida, we are required to wear a helmet on a motorcycle but only if you don’t have health insurance. Actually, the law in Florida is if you have health insurance, you’re not required to wear a helmet when you’re on a motorcycle.

We think it’s a great idea to wear a helmet either way. You should always wear head protection. But whether you’re wearing a one or not and you’re in an accident, you still have a right to recover. If somebody pulls out in front of you — if another person causes the accident, you’re still entitled to recover.

If you should have had a helmet on or if you have a head injury and a helmet would have prevented it, that may be a factor of what we call “comparative fault.” Your contribution to your own injuries. But it doesn’t mean that the person who caused your accident escapes being responsible for their contribution to the accident.