What is the Florida Law on Motorcycle Helmets? Legal Rights of the Injured Biker in Florida

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Under Florida Law, a person riding or operating a motorcycle must wear protective headgear, which is securely fastened to his/her head and complies with the regulations of Federal Motorcycle Vehicle Safety Standard, as well as protective eye gear that complies with the same.
However, there are some exceptions to this rule: People operating or riding a motorcycle do not need to where a helmet if …
1. The person is riding within an enclosed cab;
2. The person is 16-years-old or older and is operating a motorcycle that cannot exceed the speed of 30 mph.
3. The person is 21-years-old or older and 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.
– If you would like to read more on the Florida Law requiring helmets on motorcycles please see Title XXIII – Motor Vehicles, Chapter 316 – State Uniform Traffic Control, Section 316.211 – Equipment for motorcycle and moped riders.
It should also be noted that although the statutory minimum is $10,000 for an insurance policy, a motorcyclist who is injured as a result of riding or operating a motorcycle can seek damages far exceeding that amount. Personal injury damages can include past, present and future medical bills, lost wages, and pain and suffering. However, these costs can be easily avoided if motorcyclists wear helmets. Helmets have been scientifically proven to reduce the severity of personal head injuries and other severe brain damage. Helmets have also been proven to save lives. If you would like to read some statistics about helmets please see Bicycle Helmets Reduce the Risks of Personal Injuries and Head Injuries to Children – Advice for Parents and Others.

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