FL personal injury trial lawyer, John Holcomb discusses the advice he gives for individuals injured in motorcycle accidents. He highlights the importance of wearing a helmet and protective eyewear. In Florida, these items fall under comparative negligence considerations. For example, if a rider is not wearing a helmet and sustains only injuries to the limbs or extremities, the absence of protective headgear may not significantly affect the case. However, if a head injury occurs, the issue becomes more complex. In such situations, the opposing party still carries the burden of proving that the injury was exacerbated by the lack of a helmet or similar protective measures.
He also highlights a critical factor in motorcycle accident cases: many drivers fail to notice motorcycles on the road. Even when a motorcyclist is entirely without fault, juries may still attribute a degree of responsibility to the rider, particularly if jurors lack familiarity with the dynamics of motorcycle operation.
