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

May 1, 2025 | By Mike Hancock
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 few other places can match. However, the state's motorcycle helmet law 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.

Exceptions to the Helmet Requirement

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

  • Riders under 21 must wear helmets at all times.
  • Passengers under 21 are also required to wear 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 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 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 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 30 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 Florida claims—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.

Mike Hancock

TAMPA PERSONAL INJURY ATTORNEY

People involved in serious accidents experience loss and often don’t know what to do next. Tampa Personal Injury Attorney Mike Hancock has dedicated his career to handling the recovery process for his clients so that their lives can get back to normal.

Mike has excelled in personal injury litigation for over 30 years and even though that’s earned him numerous professional honors, what’s most important to him is meeting directly with you and his commitment to giving you peace of mind.

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