The Evolving Landscape of the Helmet Law in Florida
Helmet laws in Florida, and throughout the country, have undergone quite a few changes over the last few years. While these changes have allotted riders a new sense of liberty in their decisions, it has also led to confusion over what exactly is required. In Gainesville, it is very common to see riders on motorcycles and scooters alike, commuting without protective wear. For some, this is a liberty they have chosen to execute, for others this could be a violation of the law, unbeknownst to them. In some cases, a Gainesville motorcycle accident could lead to fines, injuries and even death.
What is the Current Helmet Law in Florida?
Florida’s current helmet law has been in place since 2000 with some slight modifications in 2007. The helmet law requires that anyone under 21 years of age must wear a helmet that is compliant with the Federal Motorcycle Vehicle Safety Standard 218, as set by the United States Department of Transportation. There is no exception to the under 21 helmet requirement. To help identify these riders, motorcycles registered to persons under 21 have distinctive tags so that law enforcement can determine if you are required to be wearing a helmet. If you are over 21, you can choose to not wear a helmet. However, you must have an insurance policy providing for at least $10,000 in medical benefits. If you do not have said insurance policy and are over 21, you are still violating the helmet law in Florida.
What Makes a Helmet Compliant?
Compliant helmets, under the helmet law in Florida, must be DOT certified. This certification essentially states that the helmet meets a minimum standard of protection under the Federal Motor Vehicle Safety Standard (FMVSS) 218. Motorcycle helmets that are to be used while riding must hold this certification and feature the following:
- A firm, thick inner liner, typically made from polystyrene foam.
- Helmets without this padding or soft foam, do not meet the requirements.
- Chinstraps with solid rivets to prevent the helmet from flying off in a Gainesville motorcycle accident.
- Manufacturers label, including but not limited to, the name, model number, size and month/year of manufacturing.
Standard, non-motorized bike helmets are never to be worn as motorcycle or scooter helmets as they do not meet the requirements for DOT certification.
The Helmet Law, Scooters and Mopeds
In Gainesville, scooters are a popular way for students of Santa Fe College and the University of Florida to commute to class or run quick errands. The helmet law for motorcycles states that as long as you are above 21 years of age and hold the appropriate insurance, that you may choose to forego a helmet.
Vehicles that are considered scooters or mopeds must have an engine no larger than 50cc and should not exceed 30mph. Many “scooters” go faster than that and then are considered motorcycles under the helmet law. For those vehicles that are determined to be scooters or mopeds, the age requirement for the helmet law drops to 16. You also do not need the insurance that motorcycles require to forego a helmet.
This means that uninsured, young riders, without the need for a specific license to ride these vehicles, are commuting alongside cars, buses, semi-trucks and other dangerous entities on the road. They also may be riding what they believe are considered scooters when in reality the law would qualify the vehicle as a motorcycle, and in turn, they can be stopped and cited. These misunderstandings of vehicles and the helmet law requirements still result in hundreds of, often fatal, accidents a year.
Consequences of Not Wearing a Helmet or Protective Gear
Simply violating the helmet law in Florida is similar to speeding in that it is a noncriminal traffic infraction that could result in a ticket. Unfortunately, the results of not wearing a helmet can extend far beyond a ticket to be life-threatening. Because of this, there are a couple of things to consider before riding without a helmet.
First, be keenly aware that if an accident occurs, you could suffer catastrophic brain injuries as a result of not wearing a helmet. The $10,000 in medical coverage you are required to have will be exhausted in the first few hours of treatment if this is the case. Second, any potential civil recovery you may be entitled to can be reduced based on you not wearing a helmet. In cases where the accident was the fault of another, a judge can still reduce the amount of your damages based on assigning a percentage of fault to you, if it can be shown that your failure to wear a helmet contributed to your injuries.
Consulting a Gainesville Motorcycle Accident Law Firm
Even the best riders cannot prevent an inattentive driver from causing an unavoidable crash. In those cases where riders were not wearing helmets, it is extremely common for insurance companies to put as much of the blame as possible on the helmetless rider. If you are involved in a Gainesville motorcycle accident, seek an experienced accident law firm for help. You can contact the attorneys at Avera & Smith for more information or for a free consultation.