Motorcycle Accidents and Brain and Head Injuries in Florida

Traumatic brain injury (TBI) refers to various levels of brain damage that result from a head injury. It includes concussion, post-concussion syndrome (PCS) or severe TBI. The worst cases can leave TBI victims permanently impaired.

Unfortunately, even motorcycle riders who wear helmets face the risk of suffering a severe injury like TBI when they are involved in accidents. The Florida Department of Transportation (DOT) reports that over a third of all motorcycle traffic fatalities in the state are associated with a traumatic brain injury.

If you or someone close to you has suffered a brain or head injury in a motorcycle accident caused by another driver, Philip DeBerard, Injury Attorney, wants to help you.

Since 1975, we have helped accident and injury victims obtain the compensation they deserve after being hurt by others’ negligence or recklessness. Not only do we have a thorough knowledge of Florida personal injury law, we also work hard for the people we represent. We’re willing to fight for justice for our clients.

To schedule a free, no-obligation legal consultation, call us at today toll free to speak with a lawyer or fill out our online contact form.

TBI in Florida Motorcycle Accidents

Ride Smart Florida, a program of the Florida DOT, reports that 31 percent of motorcyclist fatalities in the Sunshine State in 2020 were related to TBIs.

Any type of head or brain injury is disruptive and costly. Severe TBI can result in total disability and can lead to terminal degenerative conditions, such as Alzheimer’s disease or other dementia.

The DOT says that the median hospital charge for motorcyclists admitted to a Florida hospital for the treatment of traffic crash injuries in 2020 was $133,924.50. The median hospital charge for motorcyclists treated and released from a Florida emergency department for the treatment of traffic crash injuries was $9,537.

Helmets Not a Legal Factor in Motorcycle Crashes

Florida only requires motorcyclists to wear a helmet if they are under the age of 21. If you are 21 years old or older and have proof of medical insurance, you can ride without wearing a helmet.

If you suffer a head or brain injury in a motorcycle accident and were not wearing a helmet, the lack of a helmet cannot be held against you legally. In fact, even under a helmet law, neither the helmet’s presence nor its absence would be seen as a contributing factor to the wreck. Not wearing a helmet would not affect your right to compensation for a motorcycle wreck that was not your fault.

A motorcyclist who was not wearing a helmet and suffered a brain or head injury in an accident should not be dissuaded from seeking appropriate compensation for his or her injuries.

Nevertheless, Philip DeBerard, Injury Attorney, urges all riders in Florida to wear a helmet whenever they get on a bike. The National Highway Traffic Safety Administration (NHTSA) says that helmets are estimated to be 37 percent effective in preventing fatal injuries to motorcycle riders and 41 percent effective for motorcycle passengers. The NHTSA estimates that helmets saved the lives of 25,000 motorcyclists nationwide between 2002 and 2017.

Regardless of whether you were wearing a helmet, you should seek full compensation for your injuries and other losses if you have suffered a head or traumatic brain injury (TBI) in an accident caused by another driver.

Contact Our Florida Motorcycle Accident Lawyers Today

Call us today toll free or contact us online to learn more about your rights and legal options.

Philip DeBerard’s legal skill and his ethics have earned the highest AV preeminent rating from Martindale-Hubbell, the most recognized national legal directory. He is proud to lead a hard-working legal team that is dedicated to providing caring, one-on-one service to motorcycle accident victims in Stuart, Port St. Lucie, Vero Beach, Okeechobee, Palm Beach Gardens and West Palm Beach.


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