Does Florida Have a Helmet Law for Motorcycles?

Does Florida have a helmet law? Yes, Florida is one of 28 states with a partial motorcycle helmet law in place. This means motorcycle helmets are required for some riders and passengers but not for all. And the distinguishing factors between those who must wear helmets and those who can choose to forego them are age and medical insurance coverage.

If you were injured in a motorcycle accident in Florida, the state’s motorcycle helmet law could play a significant role in your case, impacting your compensation. In general, it’s always in your best interest to wear a helmet when riding a motorcycle, both for your physical well-being and your potential insurance claim.

Motorcycle Accident Statistics

According to the National Safety Council (NSC), motorcycle riders accounted for 15.5 percent of traffic fatalities and 3.4 percent of injuries in a recent year, despite motorcycles only making up 3 percent of registered vehicles.

Additionally, the National Highway Traffic Safety Administration (NHTSA) found that 6,335 motorcyclists were killed in that same year. It also found that motorcyclists were 28 times more likely to die in a crash than passenger car occupants and five times more likely to sustain injuries in a crash.

Recent data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) shows that 9,541 motorcycle crashes occurred in the state, resulting in 8,117 injuries and 594 fatalities.

One major reason for the discrepancy between motorcycle rider and passenger vehicle injuries and fatalities is the protection offered by their respective vehicles. While passenger vehicle occupants have a rigid frame, crumple zones, seat belts, and airbags to protect them from harm, motorcyclists only have the safety gear they choose to wear.

Of that safety gear, the motorcycle helmet is one of the most important for preventing serious injury or death.

Florida’s Motorcycle Helmet Law

Does Florida have a helmet law? Yes. However, in 2000, it changed from a universal helmet law for all motorcycle riders and passengers to a partial helmet law only requiring helmets for those under 21. Riders 21 and older can currently opt not to wear a helmet as long as they have an insurance policy covering at least $10,000 in medical benefits.

According to one study on the effects of this change in Florida’s motorcycle laws, motorcycle rider and passenger fatalities increased by 48.6 percent once helmets were no longer mandatory across the board.

The NSC also estimates that helmets are between 37 and 41 percent effective at preventing fatal injuries in motorcycle accidents. This means that out of every 100 motorcycle fatalities that didn’t involve the deceased wearing a helmet, a helmet would have prevented between 37 and 41 deaths.

Can Law Tigers Help if You Were Not Wearing a Helmet?

If you were injured in a motorcycle accident and were not wearing a helmet, the other party’s insurance company will likely attempt to use that as evidence that you are at least partly responsible for your injuries under Florida law. They’ll claim that if you sustained a head injury, it’s only because you weren’t wearing a helmet, and so they shouldn’t be liable for your medical treatment, lost wages, and other losses.

However, Law Tigers can help maximize your compensation by challenging the insurance company’s assertions and providing evidence to support your claim. We can gather accident scene photographs, traffic camera footage, eyewitness statements, expert testimony, and medical records that show the other party was at fault for the accident and your injuries.

And if the insurance company still refuses to accept liability and offer a fair settlement, our lawyers are prepared to take your case to trial to seek the compensation you need.