Any out-of-state motor vehicle operator who is coming into Florida, whether on a motorcycle, a car, truck, or whatever it might be, must comply with the state’s minimum requirements. To best understand these requirements, an individual should consult with an experienced Boca Raton motorcycle accident attorney as soon as possible. A knowledgeable attorney will be able to navigate them down the proper legal path.
State minimum requirements for a motorcycle rider are that if an individual does not want to wear a helmet, they must have medical payment insurance. That is motorcycle insurance that is going to pay for some of the medical care and treatment if an individual gets hurt. That is the only way an individual is legally allowed to ride without a helmet.
There are other requirements for a passenger on a motorcycle and, of course, for different ages. If an individual is under 16, they always have to have a helmet on. To discover further laws pertaining to out-of-state motorcyclists in Boca Raton, an individual can use the internet as a resource or consult with an attorney.
The only laws that would apply would deal with the interpretation and enforcement of any insurance policies. If an accident happens in Florida, Florida law controls. But with that said, if the insurance policy was issued in Pennsylvania, their state laws would be used to interpret that insurance policy, not necessarily Florida law. That is where the contract was entered into between the motorcyclist and their insurance company, meaning, Pennsylvania law would apply to that policy. As to the operation of the motor vehicle, the state in which the motorcyclist is driving applies.
There are no overarching federal laws regarding motorcycles other than laws pertaining to the design, manufacture, and sale of motorcycles through interstate commerce. In other words, there may be federal laws that a motorcycle has to comply with, with regards to its manufacturer and sale. Other than that, there are no national motorcycle liability, tort laws, or accident laws that pertain to motorcyclists.
Dangers of Motorcycle Riding
Boca Raton is a congested area, and people do not always pay attention or see motorcyclists. People can sometimes drive aggressively in Boca Raton. Also, there is a significant elderly population that does not see well or has slower reaction times.
It is important that Boca Raton out-of-state motorcyclists be defensive and wary of every other driver on the road. They should not assume that they are seen by other people, or that they can weave between traffic. If an individual operates a motorcycle, even if they operate a motorcycle in a proper and prudent manner, they may get into a crash. However, a crash on a motorcycle is much more devastating than in a car.
Despite the warm weather, out-of-state motorcyclists in Boca Raton should wear protective gear. It is sometimes uncomfortable but can save an individual’s life if they were to get into an accident. Dangers are everywhere for out-of-state riders who may be biking in Boca Raton.
Being Involved in an Accident
If a motorcycle accident occurs in Florida, no matter whether the driver is from Boca Raton or out-of-state, they are going to be subject to Florida law. The insurance that the out-of-state driver has on their motorcycle will be different, and they may have better or more coverage than is afforded to motorcyclists in Florida. A qualified, board-certified civil trial lawyer can ascertain and determine the best course of action for that motorcyclist.
There is not a time when an individual can use being out of state as a defense in a motorcycle accident. When an individual operates any vehicle on public roadways, they are tasked with knowing the rules of the road and proper operation of their vehicle on those roadways.
The defense of being from out of state does not work often in Boca Raton because if an individual is riding their motorcycle, they are deemed to know and accept the rules, regulations, and laws for operating a motorcycle in that area. There is no difference if they are from out of state.