Florida’s warm climate and scenic routes make it a paradise for motorcycle enthusiasts. However, with this freedom comes responsibility and potential risks. While state law gives some riders the option not to wear their helmet, this decision could have far-reaching consequences in the event of an accident.
A closer look at Florida’s motorcycle helmet laws
Florida Statute 316.211 sets the rules for motorcycle helmet and eye protection use in the state. Here are the main points:
- If you’re under 21, you must wear a helmet. The law requires you to securely fasten a protective helmet when you operate or ride on a motorcycle. There are no exceptions to this rule.
- If you’re 21 or older, you have a choice. You can ride without a helmet if you carry at least $10,000 in medical insurance. This insurance must specifically cover injuries from motorcycle accidents.
- When you choose a helmet, ensure it meets Federal Motorcycle Vehicle Safety Standard 218. This standard ensures your helmet provides adequate protection.
All riders must use eye protection, regardless of age. You can wear a face shield attached to your helmet, separate goggles or specially designed motorcycle eyeglasses.
How helmet use can affect your compensation
Florida follows a pure comparative negligence system. This means that if the court finds you partially at fault, they may decrease your compensation by your percentage of fault. However, this does not mean that you cannot claim any damages.
Not wearing a helmet can increase your assigned fault percentage. Opposing parties may argue that this choice worsened your injuries. However, this argument only applies if there’s a direct link between not wearing a helmet and your specific injuries.
While helmet use is an important factor, it’s not the only one courts and insurers consider. They also evaluate:
- Other drivers’ actions
- Road conditions
- Traffic law compliance
- Lost wages
- Long-term effects
These elements collectively shape the full picture of the accident and influence your potential compensation. By understanding this system, you can make more informed decisions about your safety and potential legal outcomes.
Don’t let uncertainty prevent you from exploring your options
Motorcycle accident cases can be complex, especially when helmet use is a factor. An attorney can help you understand how Florida’s laws apply to your situation.