Is It Safe to Use the Same Motorcycle Helmet After an Accident?

A motorcycle accident, even a minor crash, can compromise the integrity of your helmet, making replacement the safest choice before you ride again. While Florida law only mandates helmet use for riders under age 21, a quality helmet can save your life by protecting your head from an impact.

Our personal injury law firm wants all motorcycle riders to be safe, so we strongly recommend replacing your helmet after any accident, even if it doesn’t show signs of damage. If you or someone you love was hurt in a motorcycle accident, a Fort Lauderdale motorcycle accident lawyer can help with your insurance claim or lawsuit. 

Why Are Motorcycle Helmets Important?

Motorcycle helmet manufacturers design these helmets to protect your head and brain against impacts. Helmets contain multiple layers of materials for maximum comfort and strength. The outer shell is typically made of fiberglass, carbon fiber, Kevlar, or plastic, while the inner liner contains padded materials. Between these two layers is a cushion known as the expanded polystyrene (EPS) layer.

These motorcycle helmet materials absorb impact energy and protect the head. Because a motorcycle rider is more exposed than a driver of a traditional vehicle, their risk of catastrophic injury is higher. A helmet decreases the risk of a severe head injury in a motorcycle accident.

Why Should You Replace Your Motorcycle Helmet After an Accident?

Helmets can make a statement beyond simply being protective gear. You probably spent a long time researching and picking out the perfect motorcycle helmet, so it may hold sentimental value to you. Perhaps you even had your helmet custom-made. While you don’t have to throw away your helmet if it means something to you, you should not wear it again after an accident.  

Even a minor accident with no obvious damage can weaken the overall integrity of your helmet, making it less effective and incapable of offering adequate protection. As much as you may want to continue using the same helmet (after all, it just saved your life and did what it was designed to do), replacing it is the best course of action.

Motorcycle Helmet Laws and Statistics in Florida

According to Florida Statutes § 316.211, all motorcycle riders under age 21 must wear a helmet and eye protection. Riders aged 21 and up can opt to operate a motorcycle without wearing a protective helmet, as long as they have an insurance policy with at least $10,000 of medical coverage for injuries they may sustain in an accident.

According to the Florida Department of Highway Safety and Motor Vehicles, 9,542 motorcycle crashes occurred in Florida in 2023, resulting in 627 fatalities and 8,186 injuries. The Centers For Disease Control and Prevention reports that helmets reduce the risk of suffering a traumatic brain injury and effectively prevent about 37% of fatalities in motorcycle crashes.

Our personal injury law firm strongly recommends wearing protective gear, including a high-quality helmet, when riding a motorcycle.

Can Not Wearing a Helmet Impact Your Personal Injury Case?

Yes, not wearing a helmet can impact your personal injury case. While you can choose to not wear a helmet if you are over age 21, the other party and their insurance company may argue that your choice to not wear a helmet exacerbated your injuries. 

This wouldn’t necessarily disqualify you from recovering compensation, but it may significantly reduce the amount of compensation you could receive, according to Florida Statutes § 768.81. Wearing a helmet can strengthen your personal injury case should you get into an accident because of someone else’s negligence.

How Can a Lawyer Benefit Your Motorcycle Accident Case?

A Fort Lauderdale personal injury lawyer can benefit your motorcycle accident claim by handling the entire legal process on your behalf, so you can focus on recovering from your injuries. This includes:

• Investigating the accident
• Gathering evidence
• Identifying the negligent party
• Talking to the insurance companies
• Fighting for fair compensation
• Preparing your case for trial and representing you in court, if necessary

A motorcycle accident lawyer understands the complex legal and insurance systems that can be challenging and frustrating to navigate if you choose to handle your case alone.  

Your lawyer can help you seek the following economic and non-economic damages:

• Medical bills
• Lost income
• Lost earning capacity
• Child care
• Transportation
• Home modifications
• Household services
• Emotional distress
• Mental anguish
• Pain and suffering
• Disability 
• Disfigurement
• Loss of enjoyment of life

If you lost someone you love in a motorcycle accident, a Fort Lauderdale wrongful death lawyer can help you seek justice and protect your family’s future. 

Is There a Deadline to File a Lawsuit After a Motorcycle Accident in Florida?

A motorcycle accident can lead to a personal injury or wrongful death case, depending on the circumstances. There is a deadline to file a personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. 

Florida law restricts you to two years to file a lawsuit. This time limit starts from the day of the accident or the date of your loved one’s death. If you don’t file a lawsuit before the statute of limitations expires in your case, you could lose the right to recover financial compensation through the legal process.

Schedule a Free Motorcycle Accident Consultation Today

The safest choice is to replace your helmet after a motorcycle accident. While it may not have visible damage, it may be unable to protect you adequately in a future crash. You want your helmet to be as effective as possible to protect your head if you get into another accident.

At Chalik & Chalik Injury Lawyers, we care about the safety of all motorists. Our personal injury lawyers have been helping clients recover the compensation they deserve since 1995. We have a history of recovering favorable compensation for clients, including multiple seven-figure settlements. To schedule a free initial consultation about your motorcycle accident claim, please contact us today.