Motorcycles and the Law in Florida
The weather in Florida enables motorcyclists to ride nearly year round, provided they can handle the slightly cooler temperatures during the winter months. For many people it is an economical way to get around to run errands or go to work.
Motorcycle accidents can, however, lead to catastrophic and long term consequences including injuries and financial losses to a motorcycle rider, especially if he is not wearing a helmet or other safety gear. For obvious reasons, a motorcycle rider is more exposed to suffering serious and debilitating injuries, and even death, just because a motorcycle offers no bodily protection to the rider when struck by an automobile or truck.
In recent years, helmet laws in Florida have changed several times. The mandatory helmet law of 2000 in Florida was repealed and the laws were subsequently updated because the number of death related motorcycle accidents had increased.
Florida Statutes §316.211 covers motorcycle helmet laws in the state of Florida. Pursuant to the statute, motorcycle riders are required to wear a protective helmet on their head. Specifically the statute provides:
- Anyone under the age of 21 riding a motorcycle is required to wear a helmet.
- Anyone who is over the age of 21 may ride a motorcycle provided they have a $10,000 medical insurance policy which will cover any injuries resulting from an accident while riding a motorcycle.
The National Highway Traffic Safety Administration (NHTSA) did recent studies and discovered that motorcycle riders in states with mandatory helmet laws nearly 100% of riders wear safety helmets while riding a motorcycle. This research further disclosed that in 2011 nearly 56% of motorcyclists who were involved in an accident resulted in death when a motorcyclist was not wearing a helmet as provided in Florida Statutes §316.211.
If you or a loved one has been injured due to the negligence of another person or a corporation while riding a motorcycle, you may be entitled to receive compensation for the injuries you sustained, payment of your medical bills and compensation for your lost wages or loss of earning capacity. Be aware, however, Florida is a “comparative negligence” state. As a result, the jury can assign a percentage of fault to the motorcycle driver. This means that if a motorcyclist is hit by another vehicle, and the accident might have been prevented or the injury less serious if the motorcyclist had been wearing a safety helmet, the jury can place part of the blame on the motorcycle rider.
Have you been injured in a motorcycle accident due to another driver’s negligence? Our firm has handled numerous motorcycle accident cases. We have the staff to devote to investigating your accident; we can help you obtain medical treatment for your injuries and obtain the settlement that you are entitled to.
Contact the Reyes Firm at 813-421-3411
We are here for you 24/7 and have the experience to protect your interests and get you the recovery you deserve. Call us today – and above all be safe on the roads!