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Boca Raton Motorcycle Helmet Laws

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There are no additional Boca Raton helmet laws over what the State requires. The State controls the laws that apply to operators of motor vehicles on roads in the State of Florida, and the State of Florida requires people to wear a helmet while operating or riding on a motorcycle unless they have medical payment insurance, or if a person is under the age of 16, they must wear a helmet. If you have been injured in a motorcycle accident, an experienced motorcycle accident lawyer can help review your case and determine what impact, if any, that Florida helmet laws will have on your claim.

Helmet Requirements

Motorcycle rider holding a helmet facing a black motorcycle

If a person is under the age of 16, they must have a helmet on. If they are 21 or older and decide to carry medical insurance on the motorcycle of at least $10,000, then they have the right to not wear a helmet. This holds true with their passenger as well. In order for a passenger to ride on a motorcycle, must have $10,000 in medical payment coverage, either their own or to the motorcycle owner/operator.

A $10,000 medical payment policy on a motorcycle will not cover both the driver and the passenger, only the driver. If a person is going to ride their motorcycle with someone as a passenger, they are going to need $20,000 in medical payment coverage to have the right to not wear a helmet. If they decide to go without the medical payment, they must wear a helmet in the State of Florida. A motorcyclist can receive a citation for not wearing a helmet if they do not have the proper medical payment insurance for motorcycle insurance.

The police cannot pull a person over for not wearing a helmet unless they think that the individual appears to be too young. Then they have the right to pull them over to make sure they are old enough not to wear a helmet.

Legal Ramifications

Statue of lady justice on desk of a judge or lawyer.

Although Boca Raton helmet laws say it is legal not to have a helmet on if a person has proper insurance on their motorcycle, it can still lead to the argument of comparative negligence. If the motorcyclist was not wearing a helmet at the time of a collision and received a head injury, face injury, or something that would have been minimized or totally avoided if they had worn a helmet, the at-fault driver can argue comparative negligence, e.g., the person sustained a head injury to the extent that they would not have suffered if they had a helmet on.

It can be a comparative negligence issue in which an attorney would reduce the recovery of the motorcyclist who was not at fault but now has to share in some of the damages. The damages the individual will recover will be reduced – or even blocked entirely if they are found to be more than 50% at fault – for failure to wear a helmet, even though they legally did not have to. Wearing a helmet becomes an element in a motorcycle accident if the injured person has brain damage that could have been avoided by wearing a helmet.

Comparative Negligence

Woman testifying on the witness stand in court

An individual could have an issue of comparative negligence whereby the injuries are worsened because they did not wear a helmet or could have been prevented by the wearing of a helmet. If an operator is 20 percent at fault for not wearing a helmet, that can be applied to the verdict and will reduce the amount of recovery. However, under Florida’s modified comparative negligence standard, if the operator is found to be 50% or more at fault, they are barred from recovery entirely. The failure to wear a helmet can be considered a factor in determining whether the motorcycle operator is partially at fault for contributing to their injuries.

Motorcycle Models

Person driving a motorcycle through floodwaters on the side of the road

There are no differences in Boca Raton helmet laws based on the type of motorcycle a person is riding. There are other two or three-wheeled vehicles that do not have the same helmet requirements as motorcycles, but they are not motorcycles. They are mopeds, scooters, and electric bicycles, and the requirements for helmets are different for those.

If someone over the age of 16 is on a moped or scooter, there is no helmet operating requirement for either motor vehicle under 50cc’s that is going less than a maximum of 30 miles an hour. They do have to be registered. However, an individual does not need a special license to operate scooters and mopeds, and that person does not have to wear a helmet. There are no insurance requirements. If they choose to ride their scooter around, they do not have to wear a helmet.

Protective Measures

A motorcycle helmet laying by the side of the road after an accident

When a person is riding a motorcycle and has a helmet on, they will probably have a face shield that will provide a level of protection while riding. That person is not going to get dust, dirt, wind, or rain in their eyes and will be able to see well. This precautionary measure can help prevent a serious motorcycle accident. With a face shield, an individual can maintain their view and continue to operate the motorcycle in a safe manner. When a motorcyclist is involved in a crash, depending on the speed and elements of the accident, a person will forcefully hit the ground. At some point, the rider’s head will hit the ground, the windshield of a car, a truck, or a tree that may have been involved in the impact.

In any situation, if a person is ejected from a motorcycle, they may sustain a head injury. It might be either minor or severe, but that helmet can possibly save the individual’s life. If a person is wearing a helmet, they are able to protect the most important part of their body from severe injury.

The shield over the helmet is the first line of defense when an individual is in a motorcycle accident. If a person happens to be ejected or falls off a motorcycle, their head will be afforded some protection. It is important to take these measures into consideration when learning of the motorcycle helmet laws in Boca Raton.

Recording Devices

A file folder tab labeled "Evidence"

Some motorcyclists and bicyclists have GoPro cameras. They will put a GoPro on their helmet or in front of their bike to record what happens. Other times, people do that with their cars to record any incidents that may occur. That is going to refute any claim by the at-fault driver that they were not at fault.

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