Helmet Law Basics
Florida is unique in that of the 31 states that currently have motorcycle helmet laws, it is one of only three that does not require all motorcyclists to wear a helmet. Rather the law is a "limited" helmet-free law and requires, under certain circumstances , that motorcyclists must wear a helmet when riding a motorcycle. Currently, Florida law requires all riders and all passengers to wear helmets only if the following criteria is met: Florida also requires helmet usage by all motorcycle riders under age 21 regardless of misdemeanor rider’s age or waiver of insurance requirements.
Exceptions and Waivers
Even with the new law Florida bikers still have some exemptions when it comes to wearing a helmet. The most notable exception to the law is for any operator or passenger of a motorcycle who is 21 years of age or older who has:
– minimum insurance coverage which includes: a medical benefits coverage in the amount of at least $10,000 and $20,000 in disability and death benefits or
– successfully completed a motorcycle safety course approved by the Department of Highway Safety and Motor Vehicles.
In addition, the operator or passenger must have proof of insurance coverage with them while riding. Failure to wear a helmet can result in a fine of up to $500 as well as all other legal penalties that arise from operating a motorcycle without a helmet.
To help you determine whether you or a loved one may be entitled to an exemption, below is a list of requirements:
The person is 21 years or older; and
The person has medical benefits coverage of at least $10,000 for the costs of medical care; and
The person is either:
a. Wearing protective eyewear; or
b. If not wearing protective eyewear, the person has a motorcycle registered for operation without a side mirror and uses a motorcycle helmet manufactured for use without a face shield or goggles.
Overall, the exemptions listed above only apply to the stated conditions. Exceptions may apply to these rules under very specific circumstances. For example, if you are in the military, you may not be required to wear a helmet while operating a motorcycle on or off-base. However, military members may be required to wear a helmet when on duty and operating a motorcycle on the base.
Penalties and Fines
Fines and Penalties: Failing to wear or properly secure a helmet while operating or riding on a motorcycle in Florida carries serious legal penalties. There are two main types of fines you could face: criminal and civil.
Criminal Penalties
The first violation is a noncriminal infraction, which is punishable by a $500 fine and/or 60 days in jail. A second violation becomes a second-degree misdemeanor, which comes with a $1,000 fine and/or up to 60 days in jail.
Civil Penalties
Those who do not properly secure their helmets will face separate fines of $500 for a first violation, and $1,000 for each subsequent violation. For example, if you received your first citation for not properly securing your helmet several years ago and then are cited again, you will face the increased fine for a second or subsequent violation.
Implications for Your Car Insurance Claim
If you were injured while riding your motorcycle and did not wear a helmet, you may find yourself in a difficult position when filing a personal injury claim. If your injuries resulted from your own negligence, as the statute states, your financial recovery may be limited or barred in accordance with the no-fault laws in Florida. This means your award will be reduced by the percentage of financial losses you caused or contributed to.
For example, if you are 25 percent responsible for the severity of your injuries due to not wearing a helmet, the court will reduce your settlement by one quarter of the total amount. The percentage of fault applied to your case will depend on the jury’s findings in terms of liability.
Moreover, because there are no exceptions for motorcyclists, even if you have experienced traumatic brain injury due to the other driver’s negligence, failure to wear a helmet – even though you are not at fault for your injuries – may still result in a lower monetary award or none at all.
Helmet Safety Requirements
A motorcycle helmet must meet safety standards set forth by the United States Department of Transportation (DOT). Florida law requires that a motorcycle helmet be fitted with a neck or chin strap that shall keep the helmet on the head, as well as interior padding that is made of polystyrene foam which shall be secured to the shell by means of the splices, staples or other suitable fasteners.
A "Duckbill" type of visor (a type of visor that extends horizontally in front of a helmet and narrows at the ends) , which can be made of nonreflective and translucent plastic or other similar material, is required on all helmets manufactured after July 1, 1968. The Duckbill type visor is designed to divert rain off the helmet and does not provide sun protection.
In addition to complying with the safety standards as set forth by the DOT, all authorized manufacturers of motorcycle helmets must label each helmet. The label shall have: a) The name of the manufacturer; b) The word "DOT"; c) The model number or name and size; d) The month and year of manufacture; e) The official testing certification mark.
Impact on Insurance and Liability
When it comes to insurance premiums following an incident, wearing a helmet versus not wearing a helmet will have no impact. What wearing a helmet will do is have a positive effect on your motorcycle accident claim or lawsuit. The viability of a case involving personal injury and accident claims almost always hinges on the concept of pure, comparative fault. This concept looks at what percentage of the accident was caused by a plaintiff’s actions and what percentage of the accident was caused by a defendant’s actions.
Although Florida is one of the states that does not require the riding of a motorcycle with a helmet, if a party involved in a motorcycle accident causes injury or death to another and the injured person was not wearing a helmet, the Florida courts only allow up to about $10,000 in medical expenses to be claimed through PIP insurance policy coverage. However, if the injured motorcyclist would have otherwise been mandated to wear a helmet, then the courts will allow for the recovery of all medical bills in this instance.
Helmet Laws Across the Country
Applying a cursory spin analysis to the state of Florida’s helmet requirement law, the sunshine state is among an elite group of only 20 states and the District of Columbia which require all riders of motorized vehicles to wear a helmet. Importantly, the Florida helmet requirement is somewhat more rigorous than those in areas where other states’ helmet laws are either non-existent, less encompassing, or where conformity is optional. Florida’s law requires:
• A bicyclist under 16 years of age to wear a safety helmet;
• Operators and passengers of mopeds and motorcycles are required to wear helmets regardless of their age; and
• Moped and motorcycle riders age 21 and older to wear helmets that meet Florida safety standards or are certified in accordance with federal law, provided such operators have at least $10,000 in the form of medical insurance or similar coverage for injuries sustained while operating a motorcycle .
Other comparative differences with other states’ helmet laws include:
• 28 states, including the District of Columbia, require all riders and passengers of motorbikes to wear helmets.
• 27 states, including Florida, require all riders under the age of 18 to wear a helmet.
• 3 states require moped riders to wear helmets while 2 states, Arizona and Kansas, have laws which require only motorcycle riders to wear helmets.
• Alabama and New Hampshire do not have any state motorcycle helmet laws, leaving helmet use and the enforcement of helmet laws to local governments.
• Utah requires riders under 18 to wear helmets, while states such as Texas have no requirements for riding motorcycles and mopeds.