I was injured in a Florida motorcycle accident but I wasnt wearing a helmet can I recover damages?
- Yes. If you were in a motorcycle accident and the other person was at fault, you could recover damages from that driver. This combines two legal theories. One is comparative negligence and legal cause, whether you are comparatively negligent for not wearing a helmet and whether or not your injuries were the legal cause of you not wearing your helmet. So, a jury would decide those issues of comparative negligence and legal cause.
