Florida is ideal for hitting the open road with your motorcycle. For some, riding without a helmet is preferred as this freedom allows the wind to be felt against the cheeks. For others, riding without a helmet is simply not an option.
Aside from preference, what is Florida’s motorcycle helmet law? Because this has changed so often over the years, let’s look at what it currently states.
Florida Statute 316.211
According to the Florida Statute 316.211 (1), “A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.”
Even those who are riding mopeds, 16 and younger, are required to wear a helmet, “(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.”
This means that if you are on a motorcycle on a Florida roadway, you should wear a proper helmet to protect your head from injury.
Who Doesn’t Have to Wear A Helmet in Florida?
Florida Statute 316.211 states that some individuals are exempt from the above law. In other words, there are times that you can get away with not wearing a helmet – without any legal ramifications.
Those who do not have to wear a helmet while riding a motorcycle in Florida are individuals riding in an enclosed cab or “ (3)(a) …any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.”
Another area of the law that many motorcyclists find appealing is the ability to ride a motorcycle without a helmet if certain conditions are met. According to the statute, “(3)(b) … a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.”
Again, if you are over the age of 21 and you have the proper insurance coverage, you can operate your motorcycle without a helmet. But should you?
While the laws are in place to protect you as a motorcyclist, it does not always mean that accidents won’t happen. When it comes to motorcycles, accidents happen a lot. And the injuries sustained from them can be extensive – and fatal. Even having the ability to ride without a helmet should have you second-guessing the decision to do s.
In the blink of an eye, you could face all types of injuries due to no helmet protection. These include, but are not limited to:
● Traumatic brain injury
● Eye damage
● Facial fractures
● Shattered jaw
● Loss of teeth
● Ear damage
● Nose damage
● Facial disfigurement
● Facial scarring
Think twice before you make the decision.
Injured in a Motorcycle Accident?
If you suffer an accident on a motorcycle – especially while not wearing a helmet – you are likely to experience critical injuries. Thankfully, you may be able to recover damages, such as:
● Medical bills – past, current, and future
● Lost wages
● Pain and suffering
Though to be able to obtain these, negligence has to be proven. Don’t take any step forward in filing a claim without a biker lawyer on your side. Hiring an attorney with experience in cases like yours will give you the best chance at receiving compensation while you focus on recovery.