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Motorcycle & Bike Accident Laws in Florida: What You Need to Know

Written by Personal Injury Lawyer Rick | May 3, 2024 12:01:00 PM

In the world of motorcycle and bike accidents, the statistics can be alarming.

In Florida alone, there were over 100 motorcycle accidents in 2017, resulting in numerous injuries and fatalities.

The laws surrounding motorcycle operation in Florida can be complex, with requirements for helmets, insurance, and more. And unfortunately, motorcycle accidents are not an anomaly. When it comes to pedestrian and bicycle accidents, the risks are just as high, with common injuries ranging from broken bones to traumatic brain injuries.

Motorcycle Accidents in Florida

According to the Florida Department of Highway Safety and Motor Vehicles, there were 103 motorcycle accidents in 2017, and these accidents resulted in 101 cases of people involved sustaining one or more injuries and 5 fatalities.

Unfortunately, many motorcyclists sustain catastrophic injuries as a result of car accidents every year, and many of these accidents are caused by the reckless actions of a person operating a motor vehicle, not the motorcyclist. 

Motorcycle Laws in Florida

Although Florida does require you to obtain a motorcycle license before you can operate a motorcycle on your own, you may have some misconceptions as to some of the rules you are legally required to adhere to under Florida law.   

Motorcyclists under 21 are required to wear a helmet
    • Pursuant to F.S.§316.211, all motorcyclists are required to wear a helmet that complies with the Federal Motorcycle Vehicle Safety Standard 218 unless the motorcyclist is 21 years of age or older and carries at least $10,000 personal injury protection (PIP) insurance coverage. 
Florida’s comparative fault statute can be used against you if you weren’t wearing your helmet
    • Although it is not illegal to operate a motorcycle without a helmet if you meet the requirements referenced above, it can be viewed by a judge or a jury as negligent behavior.
    • The main question raised by an at-fault driver in this scenario would be “Would your injuries be less severe if you were wearing a helmet at the time of the accident?” So, you should always wear a helmet when you are operating your motorcycle in Florida.
Although motorcycle insurance is not mandatory in Florida, it is highly recommended
    • You are not required to carry motorcycle insurance to register a motorcycle in Florida.
    • If you are charged with causing a car accident, you will be liable for the cost of the property damage and bodily injury damage you caused, and you will be required to carry motorcycle insurance for three years after the accident to avoid having your license suspended. Consequently, you should give serious consideration to carrying motorcycle insurance. 

Motorcyclists involved in a car accident often sustain catastrophic injuries, which is why contacting a car accident attorney in Spring Hill, FL is so important. A car accident attorney will guide you through the claims process, gather evidence to strengthen your case, and explain the various laws in Florida that apply to your unique scenario. 

Motorcycle Legal Assistance

If you have been involved in a motorcycle accident, contact our expert attorneys at Peck Law today. Our attorneys will guide you through the claims process, negotiate with the at-fault driver’s insurance company, and if needed, prepare your case for trial. Our attorneys have experience in handling all types of car accident claims, and they are ready to start working on your claim immediately.

Pedestrian and Bicycle Accidents in Spring Hill, FL

Due to the density of the population in Hernando County, car accidents involving a bicyclist or pedestrian are rare compared to other areas of the state. According to the Florida Department of Highway Safety and Motor Vehicles, there were a total of 59 car accidents involving pedestrians and 35 car accidents involving bicyclists in 2017, but when these accidents do occur, almost all of them, 92% and 91% respectively, result in one or more people involved sustaining one or more injuries. Common injuries sustained by a pedestrian or bicyclist involved in a car accident include:

  • Broken bones 
  • Herniated spinal discs 
  • Traumatic brain injuries 
  • Spinal cord injuries
  • Severed limbs 

These injuries can lead to paralysis, severe physical impairment, or even death in some cases, but despite this, at-fault drivers often attempt accuse a bicyclist or pedestrian of being partially or completely responsible for having caused the car accident to occur. If successful, the amount of compensation you are awarded for the damages you incurred as a result of the accident could be reduced under Florida’s comparative fault statute, which states that a finding of contributory fault on the part of you, the claimant, will proportionally reduce the amount of economic and non-economic damages awarded to you as a result of the accident. 

Meaning, if you are found to be 50% responsible for having caused a car accident, regardless of how severe your injuries are, any economic and non-economic damages you are awarded at trial will be reduced by 50%. As such, if you are a bicyclist or pedestrian that has been involved in a car accident, you should always contact a car accident attorney in Spring Hill, FL who will aggressively pursue your claim, because failing to do so could have a negative impact on your case in the long-run.   

Accident Attorneys in Hernando County, FL

In these unfortunate situations, having a knowledgeable car accident attorney in Spring Hill, FL can make all the difference. We can navigate the legal complexities, gather evidence, and fight for the compensation you deserve.

Don't wait to seek help in the aftermath of an accident – contact a car accident attorney to protect your rights today.