Are You Required to Wear a Motorcycle Helmet in Florida?

Florida’s motorcycle law mandates that riders under 21 must wear a helmet. Riders 21 and older with a valid insurance policy providing at least $10,000 in medical benefits for injuries resulting from a motorcycle crash are not required to wear one.

 

Do You Have to Wear Eye Protection When Riding a Motorcycle in Florida?

Regardless of age or insurance coverage, all riders must wear approved eye protection when operating a motorcycle on Florida public roads. If your license lists corrective lenses, you must wear eyeglasses or contact lenses when operating a motorcycle. Most motorcycle protective goggles will fit over prescription eyeglasses.

Why Should You Wear a Helmet?

Even if you are exempt from Florida’s motorcycle helmet law due to your age and insurance policy coverage, wearing protective headgear is a good idea. Many objective and reliable sources support wearing a helmet each time you ride:

• Helmets save lives – Motorcycle riders are 24 times more likely to die in a crash than drivers or passengers in a car. According to the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of death by 37 percent for riders and 41 percent for passengers.
• Helmets prevent head injuries – Wearing a motorcycle helmet can reduce the chance of a head injury by 69 percent. Traumatic brain injuries (TBI) are a leading cause of death and disability, with an estimated 1.5 million Americans affected in an average year.
• Helmets reduce spine injuries – Riders without helmets are twice as likely to suffer cervical spine injuries as riders with protective headgear.

What Should You Look for When Buying a Motorcycle Helmet?

Motorcycle helmets have come a long way in safety, comfort, and style. The U.S. Department of Transportation (DOT) offers these tips to buy the best motorcycle helmet that won’t detract from enjoying your ride:

• Check for certification – Look for safety certification from the DOT or the Snell Memorial Foundation, a non-profit organization established in 1957 to reduce motorcycle deaths and injuries by improving helmet safety standards.
• Size and shape – Use a measuring tape to measure the circumference of your head just above your eyebrows and ears. Use a mirror to check the shape of your head. Helmets are available in three shapes: round, intermediate oval (the most commonly used), and long oval.
• Check the fit – Helmets should fit snugly but not be overly tight. Your helmet should sit level on your head, covering your forehead without blocking your vision. Choose a helmet with a secure and adjustable chin strap.
• Keep your cool – Florida riders know how hot and humid it can get. A high-quality helmet should keep you safe but provide enough ventilation to keep you cool. Ideally, get a helmet with adjustable vents.
• Cover your face – Open-faced helmets don’t offer the same protection as those with a sturdy face shield. Face shields should be scratch-resistant. Some also have UV and anti-fogging protection.
• Replace over time – Plan on replacing your helmet after about five years of regular use, if you’re in a crash, or if it shows signs of damage, like cracks.

Can You Still Recover Compensation for a Motorcycle Accident If You Were Not Wearing a Helmet?

If your injuries were caused by someone else’s actions, you could pursue compensation from the negligent driver. However, your recovered compensation could be less if not wearing a helmet contributed to the severity of your injuries and the high cost of your medical care. And if you are found more than 50 percent responsible for your injuries, you could lose the right to recover compensation at all.

A Florida motorcycle accident attorney can help you understand your options for pursuing compensation and maximize your financial recovery. You could be entitled to money for your:

• Medical care and treatment, including emergency room treatment, surgery, hospitalization, prescriptions, and specialists
• Rehabilitation and therapy
• Lost wages
• Pain and suffering
• Costs to repair or replace your motorcycle
• Costs to replace your helmet and other protective gear

However, proving that the at-fault driver is responsible for the full extent of your injuries can take a lot of time, effort, and evidence. Your attorney can help show the other driver’s liability in order to protect your right to full compensation, even if you weren’t wearing a helmet.

How Long Do You Have to File a Motorcycle Accident Claim in Florida?

Florida’s statute of limitations allows an injured person two years from the date of the crash to file a motorcycle accident lawsuit against the at-fault party. If you wait too long and miss the deadline, you’ll likely lose your opportunity to hold the negligent party accountable. Working with a Florida motorcycle accident lawyer can help you stay on top of deadlines, gather the necessary evidence and medical documentation, and build a strong claim for the best possible outcome.

Contact a Florida Motorcycle Accident Lawyer

If you were in a motorcycle accident, you deserve to know your legal options. With over 50 combined years of legal experience, Zervos & Calta, PLLC has helped countless accident victims recover financial justice. We understand how insurance companies can downplay, delay, or deny claims, preventing you from obtaining the money you need to return to your everyday life. Want to learn more? Contact Zervos & Calta, PLLC for a free consultation with our Florida motorcycle accident lawyers.

Visit Our Florida Motorcycle Accident Law Offices

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.