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KEY BISCAYNE · YESTERDAY

Motorcyclist Critically Injured After Causeway Crash — Why Florida Helmet Law Won't Bar Recovery

Motorcyclist Critically Injured After Causeway Crash — Why Florida Helmet Law Won't Bar Recovery

Miami-Dade Fire Rescue airlifted a motorcyclist to Ryder Trauma Center Sunday evening after a sedan turned left across his path on the Rickenbacker Causeway. The rider, in his 30s, sustained multiple fractures and remains in critical condition.

Florida riders over 21 with at least $10,000 in medical insurance are not legally required to wear a helmet (Fla. Stat. 316.211). Insurance companies often try to use the absence of a helmet to argue comparative negligence, but Florida courts have repeatedly held that lawful conduct cannot be used to reduce damages for head-only injuries unless the helmet would clearly have prevented them.

Motorcycle crashes involving a left-turning car are among the most clear-cut liability cases in personal injury law. The turning driver almost always bears fault for failing to yield the right of way.

Unlike auto drivers, motorcyclists in Florida are not required to carry PIP and typically cannot use it. Recovery comes from the at-fault driver's bodily injury liability policy, the rider's own health insurance, and any UM/UIM coverage attached to a household auto policy.

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