Florida has enacted numerous motorcycle laws to help ensure your safety, including laws requiring the use of helmets. Read on to learn what you need to know about Florida’s helmet laws.
If you are injured in a Florida motorcycle accident caused by another party, you may be eligible to recover compensation for your damages. At Rosen Injury Law, our Fort Lauderdale motorcycle accident lawyers can help you secure maximum compensation.
Call (954) 787-1500 or complete the short form on our contact page and schedule a free consultation to discuss your claim.
What You Need to Know About Florida Motorcycle Helmet Laws
Florida Statute §316.211(1) states:
“A person may not operate or ride upon a motorcycle unless the person is properly wearing a protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard agency rule.”
Thus, all motorcycle operators and passengers are required to wear an approved motorcycle helmet. The helmet must meet the standards established by the U.S. Department of Transportation.
However, Florida also has a helmet exemption law. Florida Statute 316.211(3)(b) provides:
“Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.”
Only those 21 years of age or older and who are covered by an insurance policy providing at least $10,000 in medical benefits are eligible for the helmet exemption. If you are under the age of 21, you are required to wear a helmet when riding or operating a motorcycle.
In addition to the helmet laws, all motorcycle riders, regardless of age, must wear proper eye protection when traveling on public roads.
How Not Wearing a Helmet Could Impact Your Motorcycle Accident Claim
Wearing a helmet could save your life in the event of an accident. It can also protect your right to recover the full compensation you are entitled to.
If you are involved in an accident and suffer a head injury, the insurance company may argue that your damages would not have been as severe had you been wearing a helmet.
Since Florida operates under a modified comparative negligence model, you could be found partially at fault for your injuries. If you are found to be more than 50% at fault, you cannot recover any damages. If you are found to be 50% or less at fault, your compensation will be reduced by your percentage of fault.
How a Florida Motorcycle Accident Lawyer Can Help You
An experienced Florida motorcycle accident lawyer can investigate your accident, identify all possible causes and liable parties, uncover and collect essential evidence to prove your claim, and help negotiate a fair settlement as quickly as possible.
Should the insurance company or defense attorneys attempt to shift blame to you for not wearing a motorcycle helmet or for any other reason, we will fight tirelessly to protect your rights and avoid or minimize any fault assignment to you.
Being represented by an experienced Fort Lauderdale injury lawyer significantly increases your chances of recovering maximum compensation.
Schedule A Free Consultation With A Florida Motorcycle Accident Lawyer
The Florida motorcycle accident lawyers at Rosen Injury Law can protect your rights and help you secure maximum compensation for your damages. Call (954) 787-1500 or visit our contact page to schedule a free consultation.