If you are riding a bicycle or a motorcycle, you should be wearing a helmet. A helmet provides important protection for your head and can significantly reduce the risk of brain injury. In some cases, the law may also require you to wear one.
It’s important to understand Florida helmet laws because if you are in violation, this could potentially impact your right to pursue a damage claim if you become involved in a car, truck, or bicycle accident.
Diaco Law can help you to understand what the laws are, how they affect your case, and whether you can still get compensation if someone causes you harm. Contact a Florida motorcycle accident attorney with extensive experience dealing with Florida’s helmet laws today so you can find out more.
What are Florida’s Motorcycle and Bicycle Helmet Laws?
In Florida, all motorcycle riders and passengers under 21 must wear a DOT-compliant helmet. Riders 21 and older are exempt only if they carry an insurance policy providing at least $10,000 in medical benefits for motorcycle-related injuries. All motorcycle operators must also wear approved eye protection, and bicycle riders under 16 are required to wear a helmet.
Key requirements under Florida Statute 316.211:
- Age Limit: All riders and passengers under 21 must wear a Department of Transportation (DOT)-compliant helmet.
- Insurance Exemption: Riders 21 and older may ride without a helmet only if they carry at least $10,000 in medical benefits coverage. Health insurance cards and motorcycle medical insurance can meet this requirement, according to the Florida Department of Highway Safety & Motor Vehicles.
- Eye Protection: Regardless of age or helmet use, all motorcycle operators must wear an approved eye-protective device, such as goggles or a face shield.
- Passengers: Passengers are subject to the same helmet requirements as operators, based on their age and insurance coverage.
Mopeds and Bicycles:
- Mopeds: Under Florida Statute 316.211, riders 16 and older operating a moped (50cc or less, not capable of exceeding 30 mph) are exempt from the helmet requirement; riders under 16 must wear one. (See flag below — confirm framing.)
- Bicycles and E-bikes: Florida Statute 316.2065 requires bicycle riders and passengers under the age of 16 to wear a properly fitted bicycle helmet.
Does not wearing a Helmet Affect Your Accident Claim?
If you are involved in an accident while riding a bicycle or while riding a motorcycle and you were not wearing a helmet at the time of the incident, the defendant may try to argue that your injuries would have been less severe, or would not have occurred if you had a helmet on at the time of the incident.
This usually doesn’t mean that you won’t be able to make a claim at all, even if you were in violation of Florida’s laws on helmet use for bicycle riders under 16 or for motorcycle riders under 21. However, under comparative negligence laws, your recovery may be reduced.
It will be up to you to try to show that you would have been just as severely harmed, or almost as severely harmed, regardless of whether you had a helmet on when the accident happened.
An experienced personal injury lawyer in Tampa can help you to gather evidence, work with experts, and otherwise make strong arguments about the severity of your damage so you can maximize the money you collect.
Contact an Accident Lawyer Familiar with Florida Helmet Laws
Florida laws related to motorcycle and bike accident claims can be complicated, and there’s an added layer of complexity to your case when helmet laws come into play. You need to make sure you have a legal advocate working for you who can negotiate a fair settlement or who can help you to convince the court that you should be entitled to appropriate compensation for losses.
Diaco Law has a long history of helping clients to recover substantial compensation, even when those clients were in a bike or motorcycle accident without a helmet. We will bring our legal experience to your case and we don’t charge legal fees unless we get compensation for you. Give us a call (813) 221-7978 or contact us online to learn more.