Motorcycle Helmet Laws in Florida | How Can They Impact Your Personal Injury Case?
Motorcycle Helmet Laws in Florida fall in the middle of the spectrum, as compared to other states. Some require Helmets and Eye Protection with no exemptions and others require no helmets or eye protection. Florida has come out somewhat in the middle.
Under Florida Law, there are three things you need to know:
- First, helmets and eye protection are required for any motorcycle occupant under 21.
- Second, all other motorcyclists (over 21) and motorcycle passengers are required to wear helmets UNLESS they are exempt from doing so. To be exempt, you must have proof of insurance coverage for $10,000.00 to cover medical expenses in the event that a crash causes injury.
- Third, all riders must wear eye protection even if they are exempt from the helmet requirements.
Florida has decided that for young adults, the state must step in and protect them from themselves. They basically allow you until the age of 21 to get into the habit of wearing helmets whenever on a motorcycle and once you are 21 you are on your own as far as the State of Florida is concerned.
At the Law Offices of Robert E. Gluck, P.A., we have been involved in motorcycle crash cases in some form or another since the early 1990’s. I have seen significant traumatic brain injury cases that could have been avoided if the injured party was wearing a helmet. With the type of catastrophic injuries that can occur more commonly in a motorcycle related crash, many times there is not enough insurance coverage to compensate the injured party for medical expenses, wage loss and the pain and suffering they will go through with such an injury.
An additional factor in many motorcycle crash cases is that Florida is a comparative fault state. That means that if you sue the driver who caused your crash and subsequent brain injury, the other side can hire a doctor to examine you who might say that if you were wearing a helmet, you would not have suffered such a severe brain injury. This doctrine of comparative fault in this situation could reduce any potential recovery by 50% to 90% of what the value of a brain injury case would otherwise be in Florida.
If you have been involved in a motorcycle related crash, before you call an insurance company, call us. The team at the Law Offices of Robert E. Gluck, P.A. is ready to get working on your case. I will personally take your calls 24 hours a day and get to the scene of the crash before the insurance company does. Just call me on my cell any time at 954-895-7455.