What Are the Motorcycle Helmet Laws in Florida?


Many people know that riding a motorcycle has its dangers. There are no safety features to protect riders in the event of an accident. Even the most experienced motorcyclists run the risk of having their journey, or even their life, cut short in an instant by a careless driver on the road. Although the risk will always be present, there are ways to reduce it, either through certain safety gear or specific driving strategies. The following information discusses some crucial information regarding Florida helmet laws as provided by the knowledgeable motorcycle accident lawyers at Kogan & DiSalvo in Boca Raton, FL.

What Does the Law Say?

In accordance with Section 316.211 of the Florida Statutes, no person may ride, drive, or operate a bike without putting on a helmet first. The regulation also specifies the minimum specifications for such gear. Motorists should also have protective glasses (where a helmet’s face shield qualifies). However, if a motorist is under the age of 16 and their motorbike has a displacement of less than 50 cubic centimeters or is incapable of traveling faster than 30 miles per hour on flat ground (though how a police officer could even evaluate such a thing is uncertain), they may be exempt.

Furthermore, not just any type of helmet is acceptable for adults and motorists below the age of 16. The transport department must approve all helmets sold in the US. No one above 16 can ride a motorbike while wearing anything other than an approved bike helmet. Approved normally have the transport’s department label and may also have a certification from Snell or the American National Standards Institute (ANSI). At least an inch of padding is required for a helmet to pass certification. However, unapproved helmets often have thinner padding or are made entirely of plastic with no interior foam.


The rules do not apply to anyone riding in an enclosed side vehicle. You’re also exempt from this rule if you’re older than 21 and have at least $10,000 in medical coverage. But remember, some policies will not cover a motorcyclist in the event of an accident or injury; thus, ensure you don’t have such coverage. Find new insurance that does cover motorbike accidents or talk to your current insurer about purchasing additional coverage in case of an accident. If a police officer pulls you over, you must be able to show proof of medical coverage, such as your insurance card or a copy of your declaration page. The supporting evidence must demonstrate that the insurance is current and originates from a credible medical insurance provider. Your insurance claim could be impacted negatively if you don’t wear a helmet. If you get in an accident without wearing a helmet, your insurer may argue that your injuries are your fault since you chose not to protect your head. It will be difficult to counter such a claim given that their stance is intuitive.


In conclusion, you should consult with an experienced injury lawyer regarding whether you had a helmet on or not when the accident occurred. Your attorney can sort out the insurance details and look for other sources of compensation if the situation allows.