Florida Motorcycle Law

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Who Should Seek A Motorcycle Accident Attorney?
Anyone involved in a motorcycle accident should seek the legal advice of a qualified motorcycle accident lawyer just to hear their rights, time limits and duties under the law.

When Should A Motorcycle Accident Victim Seek Help?
It's very important to contact a lawyer as soon as possible. The Motorcycle Lawyer ^sm has reviewed thousands of motorcycle accident cases, and we have found that the sooner we hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of your motorcycle accident. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months later.
   
Why Should You Contact The Motorcycle Lawyer ^sm?
The Motorcycle Lawyer ^sm will help motorcycle accident victims find a highly qualified lawyer in Florida. Motorcycle accident victims need an advantage wherever it exists, and the first place to gain that advantage is by finding a lawyer who is an expert in Florida motorcycle laws.
    
The Motorcycle Lawyer ^sm offers this referral service at no charge to you, the accident victim seeking justice.
  
Contact The Motorcycle Lawyer ^sm Without Obligation!
Providing The Motorcycle Lawyer ^sm with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Call me toll-free: you'll speak directly to Jason Waechter, The Motorcycle Lawyer ^sm.  

1-877-BIKER-LAW

(1-877-245-3752)

Florida Motorcycle Laws 

If you were injured in a motorcycle accident in Florida, and have not contacted a lawyer, the best thing you can do for yourself is call us now. We will listen to you and help you understand your best options. The phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer ^sm.

Motorcyclists are protected under Florida law that makes negligent drivers responsible and liable when they are involved in a crash. A motorcyclist who is involved in an accident in Florida could obtain compensation for his or her injuries that were caused by another driver’s negligence. Damages could include payment for pain and suffering, disfigurement, loss of enjoyment of life, scarring, economic loss, no-fault benefits, and more. We have compiled some of Florida's relevant laws involving motorcycles.   

1-877-BIKER-LAW

(1-877-245-3752)

 316.211. Equipment for motorcycle and moped rider

(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.

(3)(a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.

(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.
 
Florida Eye Protection Law: When riding on or operating a Florida motorcycle, you are required by law to wear eye protection.

 

316.211. Equipment for motorcycle and moped riders

(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.

Florida required insurance for motorcyclists: Florida does not require, under current laws, that you carry insurance on your Florida motorcycle. Florida No-Fault Law does not apply to Florida motorcycles. However, Florida Financial Responsibility Law does apply to Florida motorcycles. 
 
 
The Florida Financial Responsibility Law requires minimum insurance coverage with the following insurance coverage: ****These laws do not necessarily apply to Florida motorcycle riders, but we wanted to provide with some information on them anyway.
• Bodily Injury Liability (1 Person): $10,000
• Bodily Injury Liability (All Persons, 1 Accident): $20,000
• Property Damage Liability: $10,000
• Combined Single Limits Policy: $30,000
 
The main point of the Florida Financial Responsibility Law is that Florida motorcycle and motor vehicle owners must carry extra insurance if they have done any of the following:****
• You were found to be at fault for a previous accident
• You were found to be at fault for a previous accident where injuries occurred.
• You previously had a DUI and your license was revoked
• Your license was revoked for being a “Habitual Traffic Offender”
• You had a license suspension for excessive points on your driver’s license
• Your license was revoked for any serious offense
 
If you fall into any of the above categories, you are required to carry additional liability insurance. You are required whether you own a Florida motorcycle OR a Florida motor vehicle.
 
The Florida Financial Responsibility Law is outlined in Chapter 324 of the Florida Statutes. The Florida Financial Responsibility Law can be read in its entirety at this web address: http://www.flsenate.gov/Statutes/index.****
 
Florida Hit and Run Accidents: If you are injured in a Florida motorcycle accident, by an unidentified hit and run driver, UIM coverage may protect you in this situation. [See statute to follow]. 
 
Florida UIM: If you are injured in a Florida motorcycle accident and the other driver has no insurance or inadequate insurance to cover your claims, Underinsured or Uninsured Motorist coverage may protect you in this situation.

 

627.727. Motor vehicle insurance; uninsured and underinsured vehicle coverage; insolvent insurer protection

(2) The limits of uninsured motorist coverage shall be not less than the limits of bodily injury liability insurance purchased by the named insured, or such lower limit complying with the rating plan of the company as may be selected by the named insured. The limits set forth in this subsection, and the provisions of subsection (1) which require uninsured motorist coverage to be provided in every motor vehicle policy delivered or issued for delivery in this state, do not apply to any policy which does not provide primary liability insurance that includes coverage for liabilities arising from the maintenance, operation, or use of a specifically insured motor vehicle. However, an insurer issuing such a policy shall make available as a part of the application for such policy, and at the written request of an insured, limits up to the bodily injury liability limits contained in such policy or $1 million, whichever is less.

(3) For the purpose of this coverage, the term “uninsured motor vehicle” shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle when the liability insurer thereof:

(a) Is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency;

(b) Has provided limits of bodily injury liability for its insured which are less than the total damages sustained by the person legally entitled to recover damages; or

(c) Excludes liability coverage to a nonfamily member whose operation of an insured vehicle results in injuries to the named insured or to a relative of the named insured who is a member of the named insured's household.

(4) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect when the liability insurer of the tortfeasor becomes insolvent within 4 years after such an accident. Nothing herein contained shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.
 
Statute of Limitations - Florida motorcycle accident: If you wish to commence suit for injuries resulting from your Florida motorcycle accident, you must do so within 4 years of the date of the Florida motorcycle accident.

95.11  Limitations other than for the recovery of real property.--Actions other than for recovery of real property shall be commenced as follows:

(3)  WITHIN FOUR YEARS.--

(a)  An action founded on negligence.

(h)  An action for taking, detaining, or injuring personal property.

768.19 Right of action.
 
When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

768.043  Remittitur and additur actions arising out of operation of motor vehicles.

        *** Under Florida State Law, motorcycles are not motor vehicles. This law is only applied to motor vehicles. Technically this section would not apply to a Florida motorcycle accident ***

(1)  In any action for thme recovery of damages based on personal injury or wrongful death arising out of the operation of a motor vehicle, whether in tort or in contract, wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is clearly excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact. If the court finds that the amount awarded is clearly excessive or inadequate, it shall order a remittitur or additur, as the case may be. If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.
(2)  In determining whether an award is clearly excessive or inadequate in light of the facts and circumstances presented to the trier of fact and in determining the amount, if any, that such award exceeds a reasonable range of damages or is inadequate, the court shall consider the following criteria:
(a)  Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact.
(b)  Whether it clearly appears that the trier of fact ignored the evidence in reaching the verdict or misconceived the merits of the case relating to the amounts of damages recoverable.
(c)  Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation or conjecture.
(d)  Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered.
(e)  Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons. 

Florida Helmet Law: When riding on or operating a Florida motorcycle, you are required to wear a helmet, unless you are over the age of 21, with a minimum of $10,000 in medical insurance. 
 
Florida is currently a No-Fault state: On October 1, 2007, Florida retired their no-fault system. In January 2008 Florida implemented the no-fault system again, with some reforms made to their old no-fault system in Florida. Some of the reforms made to Florida’s new no-fault system are designed to lessen fraud.
 

 

 

*Although a threshold injury is not required for your Florida Motorcycle accident case, we want to still inform you what this means.

Threshold Injury Requirement: Florida is a “Verbal Threshold State”. This means in order to receive damages for your injuries resulting from your Florida motorcycle accident, your injuries must meet certain requirements.
 
Your injuries from your Florida motorcycle accident must meet one or all of the following requirements:
• Serious impairment of a body function
• Permanent serious disfigurement
• Death
 
Damages for your Florida motorcycle accident: You may receive damages for your Florida motorcycle accident if the above verbal threshold is met. It is up to the court to determine the proper amount of damages on a case-by-case basis.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.
 
**Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
 
***Law portion of site in progress. Florida motorcycle law regarding Florida motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.

****These laws do not necessarily apply to Florida motorcycle riders, but we wanted to provide with some information on them anyway.