It’s a beautiful day in sunny South Florida – a perfect day for a bike ride. You get on your bike and then the unthinkable happens: you get into a bicycle accident. Unfortunately, you did not wear your helmet and hurt your head. While you will recover, if you were wearing your helmet you likely would not have sustained a head injury, or your injuries would have been far less serious. You may be asking yourself: If I wasn’t wearing my helmet, do I still have a bicycle accident case?

The answer might surprise you.

First: Florida Law Does Not Require Adults To Wear A Helmet

Under Florida law, children 16 years old and younger must wear a proper fitting helmet. Adults, however, do not have to wear a helmet.

Just because you don’t have to wear a helmet, does not mean you shouldn’t. Bicycle helmets help reduce injuries.

In fact, one study found that bicycle helmets:

  • Reduce head injury by 48%;
  • Reduce serious head injury by 60%;
  • Reduce traumatic brain injury by 53%;
  • Reduce face injury by 23%; and,
  • Reduce the total number of killed or seriously injured cyclists by 34%.[1]
Second: If You Did Not Wear Your Helmet, This Cannot Be Used Against You

If you were not wearing your helmet, you still have a valid bicycle accident case. Specifically, Florida Statute Section 316.2065(18) states, “the failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence.

What does this mean?

This means that the driver who hit you cannot argue you were negligent because you did not wear your helmet.

This makes sense; because adults do not have to wear a helmet, this cannot be used against them.

Third: But Remember, You Are Required To Obey All Traffic Laws

Under Florida Statute Section 316.2065(1), bicyclists have the same rights – and duties – as drivers. So obey all traffic laws as if you were driving your car.

Call Barthelette Law, Your Boca Raton Bicycle Accident Attorney

At Barthelette Law, we have experience helping bicycle accident victims, and are here to answer all of your questions and concerns.

If you or a loved one were involved in a bicycle accident, call Barthelette Law today.

[1] I was unable to find the full study; instead, I found the abstract here: