Florida’s Motorcycle Helmet Laws and How They Affect Accident Claims

Motorcycle helmets can be a controversial subject in the biker world. While a helmet can prevent head injuries in crashes, some bikers believe that they restrict visibility to such a degree that they increase the risk of accidents. Others assert that wearing a helmet increases the likelihood of suffering neck injuries in an accident.

Some riders find them intensely uncomfortable. But whether you favor wearing a helmet or not, if you ride a motorcycle in Florida, you need to know the state’s helmet laws and the impact these laws could have on you in the event of an accident. A Tallahassee motorcycle accident lawyer knows that crashes involving motorcycles frequently result in devastating injuries, and as our roads become more and more congested, the potential for deadly accidents increases daily.

Helmets are Required–But There Is an Exception

If you start reading Section 316.211 of the Florida Code, it seems pretty clear that lawmakers want riders to wear helmets. No one is allowed to operate or ride on a motorcycle unless:

• They are wearing protective headgear
• That headgear is securely fastened on their head
• That headgear complies with motorcycle safety standards set by the U.S. Department of Transportation

In addition, riders are required to wear an approved “eye-protective device.”

Helmet use is specifically noted as required for those under the age of 16, but in fact, this requirement applies to anyone under the age of 21, because the exception to the mandatory helmet rule only applies to those over the age of 21.

If you’re 21 or older, you’re allowed to ride a motorcycle without a helmet so long as you have an insurance policy that will provide at least $10,000 in coverage for medical needs if you should be involved in a motorcycle accident, either as an operator or passenger.

Eye Protection is Required in All Situations

Even if a biker is excused from the helmet requirement because of age and insurance coverage, the eye protection requirement remains in effect. Anyone operating a motorcycle should be wearing goggles, a face shield, or another device tested for road use on a motorcycle.

Presumably, this is because a helmet protects only the biker, and if they choose to forego the protection, they will not injure others. If a rider lacks eye protection, such as goggles or a face shield, they could get debris in their eyes, which could cause a crash and endanger others. Riders should note that ordinary sunglasses and prescription glasses will not be sufficient to meet the requirement. They also need to understand that the requirement applies even if the motorcycle has a windshield.

Anyone who violates the helmet or eye protection requirements can be charged with a traffic infraction, which is punishable as a nonmoving violation. It is not a criminal offense.

Liability for Motorcycle Accidents

Florida has a “no-fault” scheme for car accidents, but that scheme does not apply to motorcycle accidents. If you own a car in Florida, you’re required to purchase personal injury protection (PIP) insurance that covers the first $10,000 of your injuries in an accident, regardless of who was at fault for causing it. But that PIP coverage applies only to passenger vehicles and does not cover medical costs for injuries in a motorcycle crash.

That means that if you’re hurt in a motorcycle accident, it is a good idea to consult a Tallahassee motorcycle accident lawyer who can help you file an effective claim for compensation from the driver at fault for causing the accident. You need to collect evidence as soon as possible after the crash and work to show how that evidence proves responsibility for causing the accident. 

For instance, footage from a traffic camera or an account from an eyewitness might prove that a driver made a turn or lane change directly in front of the motorcycle, forcing the rider to swerve to avoid a collision and causing them to fall or hit an obstacle. Or if debris in the road caused a motorcyclist to lose control, photos of the accident scene and skid marks can indicate what happened.

An attorney can help collect and preserve this essential evidence while it is easiest to find.

Florida’s Modified Comparative Fault Rule

So, if you were hurt in a motorcycle accident, you can sue the person responsible for causing the accident, but what if they point out that you did something that contributed to the cause of the accident or made your injuries worse? Does that prevent you from recovering compensation for your injuries?

Because of Florida’s modified comparative fault rule, the answer depends on the degree to which your actions led to your injuries. If you made a slight mistake, such as waiting a little too long to signal a turn, and the court determined that your delay in signaling your intent to turn was 5% of the accident causation, then you would still recover but would receive 5% less than the full damage award to account for your share of causation.

On the other hand, if your actions were more than half to blame for causing the accident, then your share of fault would be too great, and you could recover any compensation from anyone else who was also at fault.

What Happens if You’re in a Motorcycle Accident But Not Wearing a Helmet?

Failure to wear a helmet is not likely to be considered the cause of an accident. (Note that failure to wear eye protection could actually be viewed as the cause of an accident, so that is an important distinction.)

Not wearing a helmet could significantly contribute to the severity of your injuries. So if you suffered brain injuries or damage to your ears and you weren’t wearing a helmet, your comparative fault could possibly prevent you from recovering for those injuries. However, if you suffered severe burns on your legs in the accident, the helmet would not have made any difference. So the effect that not wearing a helmet has on your motorcycle accident case will depend on the circumstances and the skill of your attorney.

Failure to Wear a Helmet Complicates Your Motorcycle Accident Case

Regardless of whether you were in violation of the helmet requirements, the lack of a helmet can make your motorcycle accident case complicated, so it is a good idea to consult an experienced Tallahassee motorcycle accident lawyer as soon as possible. At Searcy Denney Tallahassee, we work hard to build a case to show why you are entitled to maximum compensation for your losses, even if you weren’t wearing a helmet. If you or a loved one were injured in a motorcycle accident, contact us today for a free consultation and case evaluation to learn more about the ways we can help.