Do Helmet Use Or Speed Disputes Affect Motorcycle Wrongful Death Cases?
Yes, helmet use and speed disputes can affect liability and compensation in motorcycle wrongful death claims. For example, if the deceased was not wearing a helmet, insurers may argue that the lack of protective gear contributed to the fatal injuries. Similarly, if there is a dispute over the rider’s speed, insurers may claim that excessive speed caused the crash.
These disputes can potentially reduce your final compensation under the comparative negligence law. In such cases, consult our experienced motorcycle accident lawyers at Todd Miner Law immediately. With 32+ years of experience, our team investigates every detail of the crash, challenges disputed claims, and handles all legal filings to help you recover fair compensation. Call 407-894-1480 today for a free consultation.
How Can Helmet Use and Speed Affect Liability in Motorcycle Wrongful Death Cases?
Not wearing a helmet or driving over the legal speed limit can make the deceased motorcyclist partially responsible for the accident. Under Florida’s helmet law § 316.211, riders under 21 years old are required to wear protective headgear that meets federal safety standards. If your deceased family member did not follow this law, courts would reduce your financial compensation based on comparative negligence.
Similarly, speeding can affect liability under Florida Statute § 316.183, which requires all drivers to operate vehicles at a speed that is “reasonable and prudent”. However, if evidence shows the motorcyclist exceeded the posted speed limit, insurance adjusters may argue that the speed contributed to the fatal injuries.
How Do Juries Assess Helmet Use in Motorcycle Wrongful Death Claims?
To assess helmet use in fatal motorcycle accident cases, juries review accident scene photos, traffic camera footage, and witness statements. They also examine the helmet’s condition after the accident to determine whether the rider was wearing a DOT-approved helmet. After that, they compare the helmet to the federal safety requirements established in § 571.218 Standard No. 218:
- The helmet must allow at least 105° of peripheral vision to each side.
- Must not have rigid objects inside the shell.
- The helmet must be labeled with the manufacturer’s name, size, date of manufacture, DOT certification, FMVSS No. 218, and the word “CERTIFIED.”
- External projections are limited to essential accessories and 0.20 inches.
- The helmet must have a retention system that keeps it securely on the head.
- The retention system must withstand a 50-lb preliminary load and a 250-lb test load without excessive movement.
Why Do Insurance Companies Dispute Helmet Use in Motorcycle Wrongful Death Cases?
Insurance companies often dispute helmet use in motorcycle wrongful death cases to reduce your compensation and protect their financial interests. They may claim that not wearing a helmet or improper helmet usage contributed to fatal and severe injuries. Insurers also argue that the helmet was damaged before the crash, which worsened the head trauma. This argument helps them shift liability to your deceased loved one and justify a lower payout.
To challenge these tactics, our attorneys at Todd Miner Law negotiate with insurers on your behalf and ensure your family receives maximum compensation. With an AV Preeminent® Rating, our personal injury lawyers collect helmet certification and expert head injury analysis to maximize your recovery. Moreover, we work on a contingency fee basis (you pay us nothing unless we win your case). Contact us for a free consultation today and secure a fair settlement.
Can the Defense Use “Survivability” Analysis to Reduce Your Compensation?
Yes, the defense in a wrongful death claim frequently uses “survivability” analysis to reduce your compensation. In this analysis, the insurance team reviews the accident scene, vehicle damage, and impact angles to determine how the collision occurred and how the body responded to the crash. They also analyze whether the deceased motorcyclist could have survived the crash under different circumstances, such as:
- Wearing a helmet or using proper head protection
- Riding at a lower speed at the time of impact
- Complying with traffic laws and posted speed limits
- Use of additional protective gear, like armored jackets or gloves
- Avoiding secondary impacts after the initial collision
If this analysis proves the injuries were survivable, the defense uses autopsy records and expert opinions to further support their argument. In some cases, they may also use biomechanical simulations to convince the jury that survival was possible, which can reduce the compensation you deserve.
Does Assumption of Risk Affect Fatal Motorcycle Crash Claims?
Yes, the assumption of risk doctrine may affect fatal motorcycle accident claims, but its impact is limited. This legal principle states that if a person knowingly exposes themselves to a known danger, their compensation will be reduced. However, simply riding a motorcycle does not automatically mean the rider understands all the riding risks. In these cases, liability still depends on factors such as helmet use, traffic violations, road conditions, or someone else’s negligence.
How Do Investigators Determine Speed After a Fatal Motorcycle Crash?
To determine speed after a fatal motorcycle crash, investigators review the accident scene, skid marks, vehicle damage, accident reports, and road conditions. They also analyze motorcycle event data recorders, GPS tracking, medical records, and traffic camera footage. Other than that, investigators examine tire tread patterns, brake lever marks, motorcycle suspension damage, and wheel rotation marks to reconstruct the exact speed and dynamics of the crash.
Moreover, investigators use the following specialized tools to accurately assess speed:
- Total station surveying equipment: Measures exact distances between vehicles, lane widths, curves, and sightlines to calculate time and distance.
- Laser rangefinder: Takes precise measurements of skid marks, impact points, and visibility distances.
- 3D accident reconstruction software (PC-Crash, Virtual CRASH): Simulates motorcycle movement, braking, and impact speed.
- Photogrammetry tools: Convert accident scene photos into scaled measurements for speed and distance analysis.
- Event data retrieval tools: Extract speed, throttle, and braking data from motorcycle or vehicle systems.
How Do Accident Reconstruction Specialists Help Challenge Speeding Disputes?
Accident reconstruction specialists use scientific methods to calculate a motorcycle’s actual speed at the time of the crash to challenge speeding disputes. They analyze physical evidence, such as impact damage and road friction, to determine whether the rider was actually speeding or traveling within legal limits. They also review traffic camera footage, vehicle data, and witness statements to confirm how the collision occurred.
In one U.S. Court of Appeals for the Tenth Circuit case, Brandt v. French (motorcycle-versus-auto accident), Brandt alleged that the motorcyclist was speeding. In this case, an accident reconstructionist analyzed skid-mark length, paint transfer, and the physics of friction and inertia. Based on this data, the expert calculated that the automobile was traveling at 37 mph, while the motorcycle was moving at approximately 8 mph at the moment of impact. He also used the motorcycle’s measured lean angle of 60° to confirm the rider was crossing the lane, not speeding.
Our Lawyers Can Help You Challenge Insurer Tactics After A Fatal Motorcycle Crash — Call Todd Miner Law Firm Now!
After a fatal motorcycle crash, you may be dealing with intense emotional pain while grieving your family member’s sudden loss. During this painful period of your life, insurers often dispute helmet use, speed, or survivability to shift blame onto your deceased loved one and reduce your compensation.
To protect your rights, motorcycle accident attorneys at Todd Miner Law consult accident reconstruction and biomechanical experts to challenge disputed claims. We also document your medical expenses, funeral costs, lost income, and other financial losses to strengthen your personal injury case. Call us at 407-894-1480 or 15 Outer Rd, Orlando, FL 32814 for immediate legal assistance across Orlando, Lake Mary, and Deltona.
FAQs
What Is the Most Common Cause of Death in Motorcycle Accident Cases?
The most common cause of fatality in motorcycle accidents is head and traumatic brain injuries. These injuries usually occur when a rider’s head hits the roadway, another vehicle, or a fixed object during a crash. Moreover, if the motorcyclist is not wearing a helmet, the risk of severe brain damage and death increases significantly because there is no protection.
Do Motorcycle Helmets Prevent Death?
Yes, wearing helmets significantly reduces the risk of fatalities in motorcycle crashes. Helmets protect the head by absorbing impact forces and preventing direct trauma to the skull and brain. In fact, Studies show that wearing a helmet reduces the risk of fatal injury by 37% for motorcycle riders and 41% for passengers.
What Type of Injury Accounts for the Largest Percentage of Motorcycle Fatalities?
Head injuries (specifically traumatic brain injuries and fractured skulls) account for the largest percentage of motorcycle fatalities. According to research, these serious injuries are responsible for approximately 85.4% of motorcycle accident deaths. In such cases, helmet use significantly reduces the risk of fatal head trauma and brain damage.
What if the Helmet Was Damaged After the Crash?
If a helmet is damaged during a crash, it may indicate that it absorbed significant impact forces, which can help reduce the severity of head injuries. However, a damaged helmet may no longer provide full protection in future accidents. Therefore, you should replace a helmet after any crash, even if it appears minimally damaged.
Can Traffic Cameras or Doorbell Cameras Help Prove Speed?
Yes, traffic and doorbell cameras can help you prove a vehicle’s speed in motor vehicle accidents. Courts and insurers usually review time-stamped footage to calculate vehicle speed, which can help determine whether excessive speeding led to the crash. You can access this video evidence by requesting it from local authorities or traffic agencies, often through a formal preservation notice.
What if the Driver Admits Fault but Still Disputes Speed?
When a driver admits fault but disputes their speed, they may be trying to reduce their liability and avoid reckless driving charges. They also argue about the speed to prevent a significant increase in their insurance premiums. In such cases, you can use traffic camera footage and witness statements to determine the vehicle’s speed and support your personal injury claim.
What Are The Most Common Motorcycle accident Injuries?
The most common motorcycle accident injuries include severe head injuries, such as concussions, skull fractures, and traumatic brain injuries. Motorcycle riders also suffer fractures, facial injuries, broken bones, spinal cord damage, or physical and emotional distress. In addition, motorcycle accident victims may experience internal organ damage, deep lacerations, long-term mobility loss, or permanent paralysis.
How Soon Should You Hire a Lawyer After a Fatal Motorcycle Crash?
You should consult our motorcycle accident attorney immediately after a fatal motorcycle accident. Early legal help ensures your family understands your legal rights, preserves important medical evidence, and meets the filing deadlines. Moreover, our motorcycle accident lawyers can gather evidence like medical bills, police reports, and witness statements to strengthen your case. Contact our personal injury attorneys to start your claim.
