Riding a motorcycle in Florida is an exhilarating hobby, but it comes with a wide array of dangers. While it’s impossible to eliminate all of the risks motorcyclists face, wearing a proper helmet is one of the best ways to reduce the chances of serious injury or death.
Florida motorcycle helmet laws are designed to protect motorcyclists and their passengers, but serious accidents still happen. As of November 2024, there have been 8,387 motorcycle crashes in Florida in the year 2024. Of those crashes, 489 were fatal.
While Florida law does require some motorcyclists to wear helmets, it’s perfectly legal for most riders to take to the road without them. This relative lack of regulations endangers riders; in 2022, Florida had more motorcycle fatalities than any other state. In this article by our skilled Fort Lauderdale motorcycle accident lawyer, we take a closer look at Florida motorcycle helmet laws.
Florida has a motorcycle helmet law, but it’s more lenient than laws in many other states — and it even offers an alternative option for adults who don’t want to wear a helmet.
In Florida, all motorcyclists up to age 21 must wear a helmet compliant with Federal Motorcycle Vehicle Safety Standard 218. Riders may opt out of wearing a helmet if both of the following apply:
Florida motorcycle helmet laws also require motorcyclists to wear eye protection. The easiest way to do this is to use a helmet that has a built-in face shield. If you don’t wear a helmet, you might choose to wear goggles or similarly secure-fitting eye protection.
Most people understand how effective helmets are at preventing head injuries, so it might be surprising to learn that they aren’t required in Florida.
However, supporters of Florida motorcycle helmet laws might say that the state strikes a balance between preserving riders’ freedom of choice and ensuring they can be financially responsible for their own injuries.
By requiring medical insurance coverage for those who go helmetless, Florida aims to ensure motorcyclists can access adequate medical care and that taxpayer dollars aren’t used to pay for often-preventable injuries.
The insurance required by Florida motorcycle helmet laws doesn’t have to be car or motorcycle insurance. Police officers will often accept current health insurance coverage as proof of required medical insurance.
However, since car and motorcycle accidents can cause serious injuries that can cost many thousands of dollars to treat, it may be worth obtaining more than $10,000 of medical insurance. Ideally, you won’t ever have to use that coverage, but if you do suffer a head injury in an accident, you’ll be thankful.
Florida Statute 316.211 is the section of state law that deals with motorcycle helmet laws. Notably, the law requires motorcycles registered to people under 21 to have special license plates. Because these plates are different from those assigned to older motorcyclists, police can easily spot a younger motorcyclist who is illegally riding without a helmet.
Motorcyclists who don’t wear helmets are at increased risk of life-threatening injuries. There may be legal consequences for violating Florida motorcycle helmet laws, too. It is not a crime to violate these laws, but infractions are treated as nonmoving violations and may lead to fines.
Florida motorcycle helmet laws aren’t especially complex: All motorcyclists and passengers must wear approved helmets unless they are both (1) 21 or older and (2) carrying at least $10,000 in insurance to cover any injuries suffered in an accident.
However, there are a couple of exceptions. A passenger in a fully enclosed cab is not required to wear a helmet. Additional exceptions apply for low-powered motorcycles and mopeds. Florida motorcycle helmet laws don’t apply if the following are true:
Florida motorcycle helmet laws have stricter requirements for younger riders. People under 16 must wear an approved helmet when they ride on or operate a moped.
Helmets might not be able to prevent an accident from happening in the first place, but they can dramatically reduce your risk of major injuries like these:
While any helmet is better than no helmet at all, you should make sure that the helmet you choose fits snugly and securely. A too-loose helmet can slip totally or partially off during a collision, making your head vulnerable to serious or catastrophic injury.
However, helmets do more for your safety than many people realize. These are some of the key benefits of wearing one — whether you’re operating the motorcycle or riding along as a passenger.
The right helmet can protect your head from both blunt- and sharp-force head injuries. When your head suffers serious blunt-force trauma (like if you hit the pavement after a wreck), the helmet distributes the force of the impact over a wider area, meaning you’re less likely to end up with a life-altering head injury.
Motorcycle helmets have a hard outer shell and a dense foam lining. While these features don’t make helmets unbreakable, they can protect your skull from being penetrated by shrapnel or other sharp objects in the event of an accident.
Shielding yourself from insects, road debris, and inclement weather is about more than just comfort. A bug getting in your eye, for example, can take your focus off the road and lead to a crash.
Many helmets also have face shields that double as sunglasses and make it easier for you to focus on the road, even in very bright conditions.
Because motorcycles are so much smaller than cars, drivers don’t always notice them on the road. A brightly colored helmet, especially one that includes reflectors, may make it easier for drivers to see and avoid accidentally hitting you.
What happens if you get hurt in an accident someone else causes — but you were breaking Florida motorcycle helmet laws at the time? Can you sue for damages anyway?
It may be possible. However, your choice to not wear a helmet can reduce the amount of compensation you can receive.
Florida is a no-fault insurance state, so before filing a lawsuit against an at-fault driver, you must file a claim with your own personal injury protection (PIP) coverage provider.
If you have medical bills or other losses beyond what your PIP coverage will pay for, you may be able to file a personal injury lawsuit. However, state law limits the circumstances in which you can sue. Your injuries must meet the legal definition of “serious,” which means that at least one of the following must be true:
The serious injury threshold can be misleading because injuries that many people consider serious aren’t significant enough to qualify for a lawsuit.
For example, most people would consider themselves seriously injured if they broke multiple bones at once. However, if the bones heal completely, the injured person might not qualify for a motorcycle accident lawsuit.
As of 2023, Florida is a modified comparative negligence state. As long as you are not more than 50% at fault for your injuries, you can still recover compensation, but the amount you receive will be reduced by your percentage of fault.
Motorcyclists who wear helmets tend to suffer less severe injuries than those who do not. If you’re injured in an accident and were not wearing a helmet, the at-fault driver’s legal team could reasonably argue that you are partially to blame for your injuries. If the court agrees, you might receive far less compensation than you otherwise could have.
Here’s an example. Imagine that you hop on your motorcycle for a quick ride to the store, and you decide to leave your helmet behind. On your way home, you’re rear-ended by a speeding driver and thrown headfirst off your motorcycle.
You suffer a serious head injury, but because you weren’t wearing a helmet, the court finds you 45% at fault. Ordinarily, you would be awarded $100,000 in compensation, but that amount is reduced by 45%, meaning you receive $55,000 instead.
The National Highway Traffic Safety Association offers guidance on selecting a safe motorcycle helmet. These are some key points to consider:
One of the easiest ways to ensure you purchase a safe helmet is to look for the U.S. Department of Transportation (DOT) certification label on the back. That label confirms that a given helmet complies with Federal Motorcycle Vehicle Safety Standard 218.
Many states, including Florida, require all motorcycle helmets to comply with the standard. Unfortunately, some retailers sell novelty helmets that look like real motorcycle helmets at first glance. The helmets may even have fake DOT stickers. Here are some tips for spotting a fake helmet:
Getting a DOT-approved helmet is important, but so is making sure the helmet fits properly. Before purchasing one, you should measure the circumference of your head. You also should determine the shape of your head to see which standard helmet shape will fit best. Here are your options:
Don’t rush the process of choosing a helmet. If you find yourself in an accident, the right helmet can save your life.
Notably, Florida is the only state that does not require motorcycle insurance. However, Florida motorcyclists must demonstrate financial responsibility, and liability insurance is one way to do so. If a motorcyclist chooses to demonstrate financial responsibility through liability insurance, they must have at least this much coverage:
Because of the rising cost of medical care and the high value of many vehicles on the road today, it may be worth buying more than the minimum coverage.
The other option is a financial responsibility certificate, which is sometimes called “self-insurance.” To obtain this certificate, you must have a notarized statement showing your unencumbered net worth is at least $40,000.
If you’re a motorcyclist who has been hurt in an accident, you may face an uphill battle when it comes to securing compensation. Many people still have a bias against motorcyclists and see them as reckless. In some cases, they may even blame motorcyclists for their own injuries — even if the motorcyclists were not at fault.
At Schilling & Silvers Personal Injury and Car Accident Lawyers, we believe that injured motorcyclists like you deserve skilled, committed representation.
With our extensive experience with motorcycle accident cases in Fort Lauderdale, Hialeah, and other cities, and our knowledge of Florida motorcycle helmet laws, we’re ready to aggressively represent you. Contact us today to schedule your free consultation.
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Fort Lauderdale Office
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Fort Lauderdale, FL 33309
(954) 712-8877
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Hialeah, FL 33016
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