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Motorcycle accidents can lead to devastating and long-term consequences for a rider. Plus, Florida helmet laws have changed several times in the last few decades. In 2000, the state repealed most of the provisions in the mandatory helmet law. However, this increased the deadly crash rate by 21%.

About Helmet Laws in Florida


Florida’s motorcycle helmet law is in Florida Statutes section 316.211. Under this law, an individual may not operate or ride a motorcycle unless properly wearing protective headgear securely fastened upon the head. The headgear must comply with federal safety guidelines. The following provisions are perhaps the most important:

  • The law required every motorcycle rider under the age of 21 to wear a helmet.
  • Riders over the age of 21 can ride a motorcycle without a helmet if they can prove they are covered by a $10,000 medical insurance policy to cover any injuries that may arise as a result of a crash.
  • Individuals who are 16 or older who are operating a motorcycle that is incapable of going faster than 30 mph on level ground must be powered by a motor that has a maximum displacement of 50 cubic centimeters or else is not in excess of two brake horsepower.

According to the National Highway Traffic Safety Administration (NHTSA), in states with mandatory helmet laws, nearly 100 percent of riders wear helmets. However, in states without mandatory helmet laws, only 50% of riders choose to wear a helmet. The NHTSA found that 56% of Florida fatal motorcyclist crashes in 2011 were not wearing a helmet.

In the 30-months after the repeal, the number of riders under 21 killed (despite legally required to wear a helmet) nearly tripled. It went from 35 to 101. Also, hospitalizations increased by 40%. Plus, the cost of treating associated head injuries more than doubled to $44 million.

Helmet Use Shouldn’t Deter Compenstation

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Still, whether a rider chooses to wear a helmet is a matter of personal preference in Florida and should not be a factor in whether a rider can pursue damages from an at-fault driver. In fact, even with partial fault in a collision, Florida’s comparative fault laws still permit plaintiffs to seek recovery from at-fault drivers who are at least partially responsible.

Riders dealing with serious injuries require knowledgeable legal representation. The victim may not know the long-term impact of a traumatic brain injury. These risks go unnoticed for months or even years after a collision. Riders trust us because of our reputation for results. Although we cannot guarantee any result, but we have the legal, medical and financial resources to secure a settlement. A settlement can help provide the medical care and rehabilitative services often needed in recovery.

If you have been injured in a motorcycle accident, you may be able to recover compensation for your injuries. We proudly represent clients across Florida. To discuss your case in more detail, feel free to contact us for a free no-obligation consultation.

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