While Florida does have a motorcycle helmet law, it is not quite as strict as many of the so-called “universal” helmet laws found in other states.
According to section 316.211 of the Florida Statutes, “a person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fasted upon his or her head which complies” with safety guidelines established by the federal government.
This is general wording. However, there are a few additional elements of which you should be aware. For example, any person “over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head of 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.”
This means that if you are at least 21 and have minimum insurance coverage, you do not need to wear a helmet.
Helmets and personal injury claims
If you get into a motorcycle accident while not wearing a helmet (either as a passenger or operator), you may still file a personal injury claim. However, you run the risk of having the damages you would receive reduced because of Florida’s comparative fault rules. The judge or jury could apportion some fault to you because you did not make a full effort to protect yourself with a helmet.
For more information on safety laws and personal injury claims after a motorcycle accident, work with a skilled Bradenton personal injury lawyer at Shapiro, Goldman, Babboni, Fernandez & Walsh.