Florida Motorcycle Helmet Laws & Motorcycle Accidents

Under Florida law, only some motorcycle riders must wear helmets. If you are age 21 or older and have proof of medical insurance coverage, you can ride without a helmet. But if you are under age 20, you will be required to wear a helmet at all times while riding.

At Philip DeBerard, Injury Attorney, we believe it’s a good idea for motorcyclists and passengers of all ages to strap on a helmet whenever riding a motorcycle. Helmets serve as one’s main protection against severe or fatal head and brain injuries in a motorcycle accident.

However, if you were injured by another driver’s carelessness, it shouldn’t matter whether you were wearing a helmet or not. You should be entitled to full and fair compensation for your injuries. It’s important to talk to an experienced Florida motorcycle accident lawyer to understand your legal rights.

Attorney Philip DeBerard has more than three decades of experience representing people seriously injured in Florida motorcycle crashes and other accidents.  If you or a loved one has been hurt in a motorcycle crash caused by another driver, you may be entitled to seek money for your injuries.

To learn more, call us today at (888) 649-6094 or complete our online contact form. We serve clients throughout South Florida and the Treasure Coast, including residents of Stuart, Port St. Lucie, Okeechobee, Fort Pierce, Jupiter, Palm Beach and Vero Beach. We can schedule a free evaluation of your case.

Florida Rules on Motorcycle Helmets and Headgear

  • Florida motorcycle riders under 21 years old are required to wear a helmet that’s compliant with the US Department of Transportation standards.
  • Florida motorcycle riders aged 21 and older are not required to wear a helmet, as long as they can show that they have at least $10,000 in medical insurance benefits covering motorcycle crash injuries.
  • All Florida motorcycle riders are required to wear an eye protection device that’s compliant with the standards of the Florida Department of Highway Safety and Motor Vehicles.
  • Headsets and other listening devices are not allowed when riding a motorcycle in Florida. The only exceptions are hearing aids.

Injuries Increase When Fewer Florida Motorcycle Riders Wear Helmets

Motorcycles are more dangerous than cars. They are unsteady when braking. They also offer little protection to riders in a crash. However, the National Highway Traffic Safety Administration found that helmet use can be 37 percent effective in preventing fatalities among motorcyclists, and 41 percent effective among motorcycle passengers. The agency further estimates that from 2002 to 2017, motorcycle helmets saved more than 25,000 motorcycle riders from death.

In 2000, Florida revised its motorcycle helmet law to exempt riders 21 and older who have at least $10,000 of medical insurance coverage. In the 30 months after the law changed, Florida went from nearly 100 percent helmet use to roughly 50 percent. At the same time, hospital admissions for head, brain and skull injuries among motorcyclists increased more than 80 percent. The death rate from motorcycle accidents in Florida also increased sharply. It rose to 21 percent in the two years after the change in law – compared to a 13 percent national fatality rate.

Unfortunately, the change of law has also encouraged many younger riders to disregard helmet laws. Helmet use among fatally injured motorcyclists younger than 21 declined from 72 percent before the law changed to 55 percent afterward, according to federal data.

The decline in helmet use has contributed to increases in costly head injuries and deaths among motorcyclists and passengers. Three quarters of motorcyclists admitted with head, brain, and skull injuries were charged more than $12,000 in medical costs, statistics show.

Contact Our Florida Motorcycle Accident Lawyers Today

At Philip DeBerard, Injury Attorney, we urge all motorcycle riders to wear helmets. If you were injured by another driver, however, we believe you should be entitled to full compensation for your injuries – regardless of whether you were wearing a helmet. Contact our Florida motorcycle accident lawyers today to learn more about your legal rights and options.

Philip DeBerard’s legal skill and ethics have earned the highest AV preeminent rating from Martindale-Hubbell, the most recognized national legal directory. He takes pride in leading a team of hard-working attorneys, paralegals and staff who provide caring, one-on-one service to clients in Stuart, Port St. Lucie, Vero Beach, Okeechobee, Palm Beach Gardens and West Palm Beach.

To schedule a free evaluation of your case, call us today at (888) 649-6094 or use our online contact form. We will not charge any attorney fee unless we secure compensation for you.


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