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Should You Wear a Helmet While Motorcycling in Florida?


There is nothing more freeing than riding a motorcycle on a beautiful day. And what state sees more of those warm, sunny days than The Sunshine State? As such, Florida makes for the ideal place to ride a motorcycle practically all year round. However, it is important to know exactly what the law is when it comes to riding your motorcycle — specifically whether or not a helmet is required when riding it. After all, there are very few things worse than sustaining a life-changing injury when riding your motorcycle here in Florida.

What is the Helmet Law in Florida?

Strictly speaking, it is completely legal to ride a motorcycle without a helmet here in Florida, as long as you are over 21 years old and are insured. In addition, for those who are riding in a sidecar, it is also not required to wear a helmet. There is also no requirement for eyewear of any sort, but it is strongly recommended. Furthermore, a helmet is not required if you are riding a recreational motorcycle with a motor with horsepower less than 2 horsepower.

Even if you do end up committing some minor infraction regarding helmets, the fine is small and doesn’t count as a moving violation. However, there are some other risks other than a fine when it comes to riding without a helmet.

Dangers of Not Wearing a Motorcycle Helmet

Without a doubt, helmets can help save lives. Helmets not only protect your head, but they also protect your neck, as well. Not wearing a helmet puts the most important part of your body at risk to quite a few serious injuries. Some of the more mild injuries might come in the form of a laceration or road burn from a fall. However, some of the injuries that occur when not wearing a helmet can be serious. These injuries can include:

  • Concussion
  • Traumatic Brain Injury (TBI)
  • Brain damage
  • Optic or facial damage
  • Spinal cord injuries
  • Internal injuries
  • Road rash
  • Fractures

When driving at car speeds — but without the protection of a car — every bit of precaution can help protect you and keep you safe.

Can You Still Sue Even If You Didn’t Wear a Helmet?

Many people wonder if they have any legal recourse if they were injured in a motorcycle accident, but they weren’t wearing a helmet. Fortunately, as a motorist, you do have rights and you can press charges. Just because you didn’t wear a helmet doesn’t mean you lose the right to seek financial compensation for your injuries. After your accident, it’s important to immediately go to the hospital and consult with a doctor. This can help create the necessary documentation of your injuries.

Next, you need to consult an Orlando motorcycle accident attorney to discuss your case. If you have been harmed in a motorcycle accident, then we here at Payer Law are ready to discuss your rights with you. To learn more about seeking financial compensation after a motorcycle accident, even if you were not wearing a helmet, then please do not hesitate to contact us today. We can help educate you about your legal options during your free, no-risk consultation with our team.



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