The feeling of exhilaration when you’re cruising the open road on your motorcycle is one of life’s greatest pleasures. It’s also one of life’s greatest dangers. Even with a helmet, riding a motorcycle is inherently more dangerous than other forms of transportation – you are traveling at a high speed without the protection that a car provides if you are in an accident. In 2020, the National Highway Traffic Safety Administration (NHTSA) reported that 5,579 motorcyclists were killed in crashes. To put this number into perspective, motorcyclists are 28 times more likely to die in a crash and 4 times more likely to be injured in a crash than individuals riding in a car. Looking at Florida-specific data, there were 8,648 motorcycle crashes in Florida in 2021, resulting in 621 fatalities and 7,397 injuries.

Studies from the NHTSA show that wearing a helmet can reduce the risk of a fatality by up to 42% and reduce the risk of a brain injury by up to 69% . According to Florida law, not all motorcyclists are required to wear helmets. However, before you start revving your engine without a helmet on, it’s important to be aware of several caveats:

  • You must be over the age of 21 and purchase an insurance policy that provides at least $10,000 of medical coverage.
  • If you are injured and try to collect damages, you will be subject to Florida’s comparative negligence laws. This means that if the evidence shows that your injuries could have been prevented or minimized by using a helmet, the damages you collect will be reduced by the same amount. For example, if the evidence shows that 70% of your injuries were caused by a lack of a helmet, your damages will be reduced by 70%.
  • If your case goes to trial, the jury is unlikely to have much sympathy for you, which will make it difficult to win a high value judgement in your favor.

Just because riding a motorcycle without a helmet is legal in some situations doesn’t make it a smart idea. If you ride a motorcycle, wear a helmet. It can help protect you as well as those who depend on you. If you are injured in a motorcycle accident, contact Cutler Rader right away for a free case consultation at 954-913-2273.

Cutler Rader, P.L.

With over 75 years of combined experience, the attorneys at Cutler Rader understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.

At Cutler Rader, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

References Used:
National Highway Traffic Safety Administration. Motorcycle Safety: Helmets, Motorists, Road Awareness | NHTSA. Accessed November 10, 2022.
National Highway Traffic Safety Administration. Motorcycle Safety: Helmets, Motorists, Road Awareness | NHTSA. Accessed November 10, 2022.
The Florida Department of Highway Safety and Motor Vehicles. Crash Dashboard – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov). Accessed November 9, 2022.
National Highway Traffic Safety Administration. 1.1 Universal Motorcycle Helmet Use Laws | NHTSA. Accessed November 9, 2022.
The Florida Legislature. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed November 10, 2022.