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In Florida, motorcycle helmet laws differ from Florida’s seat belt laws. Florida Statute 316.211(1) states that, ” 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.” However, the same statute, Florida Statute 326.211(3)(b) states that at an individual over 21 years of age can ride a motorcycle, without a helmet, if she or he is insured for $10,000 in medical benefits.
On August 7, 2010, a Jacksonville man was driving a 2007 Kawasaki motorcycle with passenger, Joseph L. Hardy, 27 years old, in Brevard County, Florida. The driver was operating the motorcycle through a right hand curve when he moved to the inside lane and upon making the curve he hit the guardrail several time, which caused the ejectment of the passenger from the motorcycle.
Sadly, the passenger suffered fatal injuries. The driver of the motorcycle was wearing a helmet and survived the accident. The passenger was 27 years of age, thus fell outside the requirement to wear a safety helmet under Florida Statute 316.211 if the passenger had an insurance policy with $10,000 in medical benefits in place. If you have been injured as a result of a motorcycle accident, which you did not cause, it is a good idea to seek legal advice from a Florida Motorcycle Accident Attorney regarding your legal rights to compensation for your motorcycle related personal injuries.