Are Motorcycle Helmets Required by Law in Florida—and Does It Affect Your Injury Case?

Are Motorcycle Helmets Required by Law in Florida—and Does It Affect Your Injury Case?

Riding a motorcycle in Florida offers a sense of freedom that few other places can match. However, Florida requires motorcycle helmets for riders under the age of 21, and not wearing one can play a significant role in safety and your rights after a crash. If you've been injured in a motorcycle crash, here’s what you need to know about how helmet laws can affect your motorcycle injury claim.

Florida’s Motorcycle Helmet Law: What You Need to Know

Under Florida Statutes § 316.211, motorcyclists over the age of 21 are not required to wear a helmet if they carry at least $10,000 in medical benefits coverage through their insurance. Riders under 21, however, are required to wear helmets, with no exceptions.

Additionally, eye protection is mandatory for all riders, regardless of age or insurance coverage.

Video Transcript:

Hi I'm Mike Hancock of Hancock Injury Attorneys and we're standing in my office today and over on my credenza we have three helmets.

And most of my clients who come in for initial consultations end up asking me by the end of the consultation, “Hey Mr. Hancock do you ride motorcycles?”

And I always have to tell them these are not my helmets, these are the helmets of a number of my clients who have had a number of motorcycle accidents.

And I use them, I've used these helmets as evidence in their cases and I also keep their helmets on my credenza just as kind of a reminder of who I represent.

And this is the story today of this one helmet, the story behind the helmet.

And this was a gentleman, and this kind of typifies the type of case that I see with motorcycle accidents.

This gentleman was one of my favorite clients, 38 years old at the time of the accident, a member of the Armed Forces working out at CENTCOM, and was the most responsible of riders and person he could be. 

Why I say it typifies the typical motorcycle accidents is that my client was riding his motorcycle along highway 301 and somebody pulled out from the side business directly in front of my client and just did not see my client at all. It happened in such a way that he had no opportunity to avoid the accident and essentially he hit, t-boned, the side of her car about 45 miles per hour.

He hit the side of the car, went up over the car and suffered a lot of serious orthopedic injuries including a crushed elbow, a broken pelvis on numerous internal injuries, a broken femur and other injuries.

And one of the things that typifies this accident is what I've seen in my experiences that no matter how careful of a rider you are, no matter how much experience you have, sometimes you have no way to avoid the accident just because of the way somebody might pull out right at the last second in front of you. 

That is one of the most common types of collisions we see in motorcycle accidents.

Where someone either turns left directly in front of you, or pulls out of a side business onto a street directly in front of you, for whatever reasons the people just failed to see motorcycles as they're coming down the road.

And what I really remember about my clients and this helmet every time I see it and talk about it is despite his serious orthopedic injuries that type of help we were able to provide my client he was almost retired from the military and he was about 18 and a half years into his military career. He was trying to retire at 20 years. Due to the disabilities he had, he was in jeopardy of being forced to retire before his 20 years which would have prevented him from getting a lot of the benefits of retiring at 20 years.

We were able to assist him in getting through to that 20 years so that he retired with the full benefits and we were able to settle his case for enough money to not only pay for all the numerous medical bills but make sure he had money for his family and for future medical bills that he is definitely going to incur.

And what I always remember about this client is even though after six months or so he was only able to straighten his elbow out to about this point he had such a positive attitude that that was a great thing for him and he was excited that he could extend his arm out that far.

And he just had such a great attitude and I always remember that. Even though all the bad things that happened to him, he was like, you know what, I'm alive, I'm with my family and I am. I can still go about and enjoy my life. So, that's part of the story behind this helmet.

Exceptions to the Helmet Requirement

While Florida’s law gives riders over 21 some flexibility over wearing motorcycle helmets, there are a few caveats:

• Riders under 21 must wear helmets at all times
• Passengers under 21 are also required to wear motorcycle helmets
• Depending on engine size and speed capacity, low-power cycles (like mopeds) may be exempt
• Lack of proper insurance means helmet use is mandatory, even if you're over 21

Understanding these nuances can be critical, especially if you're involved in a no-helmet accident in Florida.

Can Not Wearing a Motorcycle Helmet Affect Your Compensation?

Yes, it can. Florida applies principles of contributory negligence when determining liability and compensation in injury claims. This means that if you weren’t wearing a motorcycle helmet and sustained head or facial injuries, the insurance company or opposing party might argue that your own negligence contributed to the severity of your injuries.

For example, if you suffered a traumatic brain injury and were helmetless, the court could reduce or even bar your compensation based on the extent to which your lack of helmet use contributed to your injuries, even if the other driver caused the crash.

Additionally, under Florida law, injury victims have a duty to mitigate damages. This means you are expected to take reasonable steps to reduce the extent of your injuries or prevent them from worsening. Failing to wear a helmet could be used as evidence that you did not take reasonable precautions to minimize potential harm, which could further impact your compensation.

Insurance Company Tactics in Helmet-Related Claims

Insurance companies are well-versed in using helmet laws to minimize payouts. Some common tactics include:

• Arguing contributory negligence to lower or deny your compensation
• Disputing medical causation, claiming your injuries wouldn’t be as severe with a helmet
• Arguing failure to mitigate damages, suggesting that you worsened your injuries by not wearing a helmet
• Pressuring quick settlements, especially if you weren’t wearing a helmet, and the liability is disputed

Having experienced legal representation can counter these strategies and protect the full value of your motorcycle injury claim. At Hancock Injury Attorneys, we have over 35 years of expertise in representing victims of motorcycle accidents, recovering hundreds of thousands of dollars for our clients. 

What to Do After a Motorcycle Crash

If you’re involved in a motorcycle accident in Florida, helmet or not, here’s what you should do:

• Seek medical attention immediately, even for minor symptoms, so you have evidence of your injuries
• Document the accident scene and your injuries
• Take photos and video of the scene, the damage to your bike, and any physical injuries to yourself, or ask a friend or relative to do it for you 
• Get contact information from witnesses and all involved parties
• Avoid giving recorded statements to insurers before consulting a lawyer
• Consult with an experienced injury attorney who understands Florida’s motorcycle helmet law

Hancock Injury Attorneys Can Help After A Motorcycle Accident

Our team at Hancock Injury Attorneys has helped countless riders navigate no-helmet accident claims in Florida, and we’re ready to stand up for your rights. Call us today for a free consultation at 813-915-1110. Our phone line is always open.