Did you know that in order to legally ride without a helmet in Florida you must meet the following two requirements?
- Be 21 years of age or older
- Have an insurance policy that provides at least $10,000 in medical benefits
Florida’s Motorcycle helmet law differs from some states in that riders over the age of 21 do not legally have to wear a helmet while operating a motorcycle. However, if you choose not to wear a helmet, you must be covered by an insurance policy that provides at least $10,000 in medical benefits to ensure patient safety for crash-related injuries while operating or riding on a motorcycle.
All Florida motorcycle drivers and riders are required to wear some form of eye protection, such as goggles or glasses. A windshield on a motorcycle would also serve this purpose of protection.
Can I be pulled over by law enforcement for not wearing a helmet?
Similar to Florida’s seat belt law, the Department of Highway Safety and Motor Vehicles has determined enforcement of helmets while operating a motorcycle to be secondary. In other words, a police officer should not pull you over simply to determine whether you are over 21 years of age or whether you have the appropriate insurance coverage. If you are pulled over for another offense, the officer may inquire about both.
Further, if an officer has reason to believe the driver of a motorcycle is under 21, they do have the right to stop the driver or passenger.
It is very important to keep in mind that if you are in a motorcycle crash and you are not wearing a helmet, you are three times more likely to suffer serious brain trauma than if you had been wearing one. Although not required by law in Florida if you are over 21 and have proper insurance coverage, you can drastically reduce your risk of injury and even death should you wear a helmet at all times while riding a motorcycle.
Motorcycle accidents almost always result in injuries, extensive medical bills, and treatment. This in turn can lead to lost wages, pain and suffering, emotional stress, and much more. Victims deserve to be compensated for the negligence of another party. If you’ve been in a motorcycle accident, you may be entitled to financial compensation. Contact TJ Grimaldi today to discuss your motorcycle accident case.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
