Florida motorcycle laws are designed to help all motorists stay safe and enjoy their travels. When you go out for a ride, it’s vital to know Florida’s motorcycle laws. The laws for motorcyclists in Florida cover everything from what your bike needs structurally to helmet laws to how to use the roads.
Knowing the laws before riding a motorcycle in Florida will help you and your Miami motorcycle accident attorney determine the best course of action for getting the compensation you need after a crash. Here’s the complete guide to everything you need to know about Florida’s motorcycle laws.
What Are the Motorcycle Laws in Florida?
Insurance Requirements for Motorcyclists in Florida
In addition, all motorcyclists must carry liability insurance. You must have at least $20,000 in total bodily injury insurance, $10,000 in coverage for property damage and bodily injury per person, and at least $30,000 as your single incident liability limit. Even if you wear a helmet, it’s against Florida law to drive a motorcycle without these required insurance minimums.
You Must Have a Motorcycle Endorsement
Motorcycle Drivers Must Use Daytime Headlights
Motorcyclists Have the Right to Full Use of the Road in Florida
Any motorcycle rider in Florida needs to know the helmet laws in the state. Florida has helmet laws that apply to all riders. In addition, whether or not you wear a helmet might impact your right to financial recovery if you’re hurt in a motorcycle accident.
Whether you were wearing a helmet or not, if you have been injured in a motorcycle crash, you will want to work with a skilled Miami motorcycle accident attorney to determine the best option for you. Here are Florida’s motorcycle helmet laws.
Does Florida Have Motorcycle Helmet Laws?
What’s the History of Florida Motorcycle Helmet Laws?
Motorcycle laws, or the lack of them, remain controversial. The Florida Department of Highway Safety reports more than 4,000 motorcycle accidents each year. The National Highway Traffic Safety Administration reported an 81% increase in motorcycle fatalities after removal of helmet laws, but the increase may be explained by the fact that ridership also increased significantly during that period. At the same time, the average cost for medical treatment from motorcycle accidents also increased. Opponents of motorcycle helmet laws say that it should be a rider’s choice whether to use a helmet and that the increase in ridership after the repeal of motorcycle helmet laws indicates how many people prefer to ride without helmets despite knowing the risks.
Is a Failure to Wear a Helmet Evidence of Negligence Under Florida’s Negligence Laws?
Because there’s no direct Florida authority on the question of comparative negligence, the next question is whether courts in other states have ruled on similar issues. In 1985, an Arizona court allowed a defendant in a civil action to present evidence of non-use of a helmet even where there was no helmet law in the state (Warfel v Cheney). The defendant in the case had evidence to present that helmet use would have reduced injuries in the case.
It may also be helpful to explore how Florida courts have ruled on similar issues. A related question that a Florida court has ruled on is whether the failure to wear a seatbelt is admissible as comparative negligence in a Florida civil action. In Insurance Co. of North America v. Pasakanis, the court ruled that it was fair to introduce evidence of the victim’s failure to wear a seatbelt because seatbelts have been proven to save lives. The situation of a victim without a seatbelt is different than a victim without a motorcycle helmet, however, in that seatbelts are standard equipment in motor vehicles while helmets are not included and readily available with the motorcycle itself.
The issues presented in whether to allow evidence of failure to wear a motorcycle helmet are conflicting. On the one hand, it’s an accepted rule in civil negligence laws that a wrongdoer takes their victim as they find them. That is, a wrongdoer doesn’t get to choose their victim, and they must pay for whatever harm results to the victim even if a different victim may have suffered fewer injuries. On the other hand, civil negligence laws also accept that everyone with a duty to others must take steps to be reasonable and careful. Until Florida courts resolve the issue in full, the best practice from a civil negligence standpoint is to wear a helmet when riding a motorcycle.
Can a Local Government Like Miami-Dade County Create Different Motorcycle Helmet Laws?
Another interesting question when it comes to motorcycle laws and motorcycle helmet laws is whether a local government can make laws that are different than Florida laws. The answer is no; local governments can’t create motorcycle laws that are more restrictive or less restrictive than state laws. Florida courts have ruled that state laws are meant to comprise the full body of law for motorcycle topics. Local governments can neither add to or diminish existing state law.
In the 2016 Classy Cycles v. Bay County case, the court ruled that a local government may not require people to purchase additional motorcycle insurance above and beyond state requirements. Also, they can’t require riders to wear fluorescent green vests. The court ruled that local governments can’t forbid behavior that the state has explicitly licensed.
Most Violations of Florida Motorcycle Laws Are Civil Infractions
There Are Requirements for Motorcycles in Florida
Motorcycle Laws in Florida Are State Laws
Contact Our Motorcycle Accident Attorneys in Miami
Have you been hurt by a motorcycle accident? Are you wondering how Florida motorcycle laws impact your rights? Contact our experienced motorcycle accident attorneys in Miami for help.
At Bernstein & Maryanoff, we’re motorcyclist enthusiasts, too. We know that if you’re hurt because of a motorcycle accident, you need help right away. Contact us today for a review of your case.