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Do You Have to Wear a Motorcycle Helmet in Florida?

Home   /   Personal Injury Blog   /   Do You Have to Wear a Motorcycle Helmet in Florida?

August 30, 2021 | By Roman Austin Car Accident and Personal Injury Lawyers
Do You Have to Wear a Motorcycle Helmet in Florida?

Riding a motorcycle is an enjoyable way to navigate the beautiful state of Florida. However, you need to take steps to protect yourself when riding your motorcycle; you’re more vulnerable than other motorists. In fact, the rate of death among riders involved in motorcycle accidents is 27 times higher than other motorists.

Drivers and passengers of enclosed vehicles have some protection in accidents. The frame of their vehicles can shield them from harm and prevent them from being ejected. Unfortunately, motorcycle riders are often thrown from their bikes in a collision. For example, you might land on your head. This can cause traumatic brain injury. 

It’s not uncommon for such injuries to have a permanent impact on a victim’s quality of life. The consequences of such an injury may include mood disorders, impaired cognitive functioning, memory problems, and more.

Wearing a helmet when riding a motorcycle can help prevent serious or catastrophic injury in an accident. However, you may wonder whether Florida law requires motorcycle riders to wear helmets.

The answer: it’s a little complicated. This overview of Florida’s motorcycle helmet laws will explain what you need to know.

Wearing a Motorcycle Helmet in Florida: Essential Legal Information

Both motorcyclists and their passengers generally must wear their helmets in Florida. A proper helmet must conform to Federal Motor Vehicle Safety Standard 218. You’ll know a helmet meets these legal requirements if it has a United States Department of Transportation (or US DOT) sticker on it.

It’s also important to wear DOT-approved eye protection.

When You Don’t Have to Wear a Motorcycle Helmet in Florida

There are instances when Florida law does not require motorcyclists to wear a helmet. For example, if a motorcycle has an enclosed cab, its passenger doesn’t need to wear protective headgear. A motorcyclist over the age of 21 also doesn’t have to wear a helmet if they have $10,000 or more in insurance coverage.

However, this doesn’t mean you should ride a motorcycle without a helmet. Riding without a helmet can put you at risk of sustaining severe or fatal injuries.

It’s also important to understand how your choice to not wear a helmet may affect you financially. Suppose you’re seeking compensation after a Florida motorcycle accident by filing a claim or lawsuit. Your chances of collecting full damages could depend on whether you were wearing a helmet at the time of the accident.

How Failing to Wear a Helmet Can Impact a Florida Motorcycle Accident Case

Florida has a comparative negligence law. This law divides damages among all parties that are responsible for an accident, including an injury victim. If an injury victim shares responsibility for a crash, their compensation will be reduced to account for their share of blame.

The following example will help you better understand how comparative negligence applies to a motorcycle accident case. Suppose a motorcycle rider is rear-ended by a distracted driver and thrown from their motorcycle. They hit their head and sustain major injuries.

The rider decides to file a claim or lawsuit against the negligent driver’s insurance to recover compensation for their medical bills and other losses. They’re seeking $20,000 in compensation.

However, the rider wasn't wearing their helmet when the accident occurred. The insurer may argue that the rider’s injuries would have been less severe if they were wearing a helmet. An insurer or court might determine you’re 20% responsible for your injuries. As a result, the most compensation you would be able to recover would be $16,000 (80%).

The main reason to wear your helmet when riding a motorcycle is to protect yourself. However, wearing a helmet can also influence the outcome of any future lawsuits you may be involved in. Do yourself a favor and always wear a helmet when on a motorcycle.

Contact the Clearwater Motorcycle Accident Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today

For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a motorcycle accident lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.

We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:

Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765

(727) 787-2500

Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763

(727) 591-5610

Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615

(813) 686-7588

Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655

(727) 815-8442

Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701

(727) 787-2500

Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695

(727) 787-2500

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They did a great job and even advised what to do if there was no insurance for the at-fault driver and I had to self represent. Ended up being able to get me the fullest...
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They did a great job and even advised what to do if there was no insurance for the at-fault driver and I had to self represent. Ended up being able to get me the fullest payout possible, team was easy to keep in touch with, and Miles was clear in his explanations and helpful with his advice. I still use some of the doctors I connected with through their firm. Would recommend Roman Austin and would use them again.

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I cannot say enough incredible things about Roman Austin Law Firm. John Austin is a phenomenal lawyer. I was in a bad crash that involved a truck totaling my vehicle and sustaining neck and back...
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I cannot say enough incredible things about Roman Austin Law Firm. John Austin is a phenomenal lawyer. I was in a bad crash that involved a truck totaling my vehicle and sustaining neck and back injuries.Going into this process, I was honestly apprehensive about even hiring a lawyer. I was especially wary of those large, commercial firms that just want to move cases quickly. I had heard some great things about Roman Austin, but did my own extensive research and now know why they are a five star firm. What could have easily been a stressful and overwhelming experience turned into something completely different because of John Austin and his team. Choosing them was one of the best decisions I have ever made.John is truly exceptional. He is incredibly detailed, meticulous, and completely devoted to his work. He worked tirelessly on my case, going above and beyond anything I could have ever expected. He spent countless hours (even on weekends), and was always available whenever I needed him. His level of dedication, care, and precision is something you rarely find.Beyond that, he is patient, kind, and deeply compassionate. You never feel like just another case. He genuinely cares about you as a person and wants the absolute best for you. He made what could have been a difficult process feel manageable and supported every step of the way.His entire team was phenomenal. They were responsive, professional, and just as committed. Every interaction felt thoughtful and intentional.The outcome we achieved was fantastic, and I am beyond grateful. I couldn't be more pleased with my experience.If you are considering legal representation, I wholeheartedly recommend John at Roman Austin Law Firm. They are professional, dedicated, and truly invested in their clients.Choosing John Austin made all the difference. He fought tirelessly to ensure that everything I endured was recognized and fairly compensated, and that level of dedication is something I will never forget. I am profoundly grateful not only for the outcome, but for the care, integrity, and unwavering commitment shown every step of the way. Forever thankful I chose them, and truly forever grateful.

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After my accident, I didn't know where to start. Roman Austin made the whole process feel manageable and honestly took a huge weight off my shoulders. The team was kind, responsive, and truly cared about...
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After my accident, I didn't know where to start. Roman Austin made the whole process feel manageable and honestly took a huge weight off my shoulders. The team was kind, responsive, and truly cared about what I was going through. I always felt heard and supported. I'm so thankful I found them and would absolutely recommend them to anyone who needs help.

S.S.

Once again Roman & Austin and their team has been a helping hand through hard times after being rear ended by a driver not paying attention. The same day I was set up with community...
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Once again Roman & Austin and their team has been a helping hand through hard times after being rear ended by a driver not paying attention. The same day I was set up with community care to make sure I had to physical and emotional support I needed and they checked on me with updates every week. They got me the full compensation I deserved for my injuries and are the best at what they do.

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From the first moment I spoke with the people at Roman Austin, I knew that I was in good hands! My injury was severe and it was scary, but every step of this journey has been easier because of the guidance I have received from them. They have managed my case with professionalism and thoroughly explained any and all questions that have come up for me. Because of their hard work and dedication to my case, we were able to reach a settlement in my case! I highly recommend them to anyone in need of an injury attorney!

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Roman Austin Car Accident and Personal Injury Lawyers

1811 N. Belcher Road Suite I-1,
Clearwater, FL 33765
(727) 787-2500

Roman Austin Car Accident and Personal Injury Lawyers

2360 Congress Ave STE 100,
Clearwater, FL 33763
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Roman Austin Car Accident and Personal Injury Lawyers

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New Port Richey , FL 34655
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Roman Austin Car Accident and Personal Injury Lawyers

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Roman Austin Car Accident and Personal Injury Lawyers

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Roman Austin Car Accident and Personal Injury Lawyers

202 9th Avenue South, Suite A-2,
Safety Harbor, FL 34695
(727) 214-5001

At Roman Austin Car Accident and Personal Injury Lawyers, we practice across the entire state of Florida. We primarily serve the following localities: Clearwater, Countryside, Dunedin, Palm Harbor, East Lake, Safety Harbor, Oldsmar, Largo, Seminole, Pinellas Park, St. Petersburg, New Port Richey, Port Richey, Hudson, Holiday, Tarpon Springs, Trinity, Westchase, Tampa, Town N Country, Egypt Lake Leto, Citrus Park, Wesley Chapel, Lutz, Starkey Ranch, and all surrounding communities in Pinellas, Pasco, and Hillsborough Counties.

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