Florida Motorcycle Laws

When a motorcyclist is injured as a result of a Florida Motorcycle Accident, it is helpful to know the general laws that are in place that apply to motorcycle ownership, ridership, licensure, and insurance. In fact, it is even better for the motorcyclist to have some knowledge of the Florida law upon ownership or ridership of a motorcycle. However, either way, in the aftermath of a Florida Motorcycle accident, the motorcyclist, ride, and family of the injury victim should see out a personal injury attorney for advice, consultation, and legal representation. The motorcycle laws in Florida are in some respects unique to Florida. Other states may have some similar laws in the books but not the same exact law as Florida.

To operate a motorcycle in the State of Florida, a motorcyclist must be duly licensed. In order to obtain a license to operate a motorcycle, the motorcyclist must take a motorcycle safety course in compliance with the Florida Motorcycle Safety Education Program. The approved course must be at least 12 hours in length and must include at least 6 hours of actual motorcycle instruction.

To register a motorcycle in the State of Florida, motorcycle insurance is not required. As such, a motorcyclist can, under certain circumstances, operate a motorcycle in the State of Florida without any insurance at all. If a motorcyclist decides to operate a motorcycle without insurance, there are risks involved. If the motorcyclist receives certain traffic citations and / or is in an accident that is the fault of the motorcyclist, the motorcyclist will be at risk for license revocation unless and until certain motorcycle coverage is purchased.

If a motorcyclist 21 years of age and old foregoes the wearing of an approved helmet, the motorcyclist must prove that he or she has at least $10,000 in medical benefits or medical coverage. Again, Florida law has its own laws in place as to motorcycle ownership and coverage. All motorcycles under 21 years of age must wear a helmet.

With respect to motorcycle insurance, a motorcyclist should obtain the following coverage: $10,000 in Bodily Injury insurance per person, $20,000 in Bodily Injury insurance per accident, and $10,000 in Property Damage coverage. While the Florida Statutes and laws leave the issue of insurance and financial responsibility up to the motorcyclist to some extent, it is recommended by most insurance agents that a motorcyclist at least obtain the aforementioned coverage. Furthermore, due to the risk of serious injury from the operation of a motorcycle, most insurance agents recommended must more comprehensive coverage that what is outlined above.

Unlike injury victims occupying motor vehicles like passenger vehicles in the State of Florida, an injured motorcyclist or rider is not required to carry Personal Injury Protection (PIP) insurance. As such, the medical bills can be collected from the at-fault driver's insurance carrier since there is no PIP available to pay for the same. The reimbursement or compensation for medical bills still must typically wait for the entire case to settle. Furthermore, an injured motorcyclist is not required to show or establish a permanent injury to qualify or to seek damages for pain, suffering, loss of enjoyment of life, and mental anguish. The occupant of a motor vehicle must establish a permanent injury to qualify for or seek such damages.

As for the operation of a motorcycle, this is governed by Section 316.208 (1) - Motorcycles and Mopeds - which provides as follows:

Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.

To know the law is one thing, to pursue a case or claim on behalf of an injured motorcyclist is quite another endeavor. When a motorcyclist has been injured as a result of the negligence of another driver, the injured motorcylist should seek out the help from a Florida Motorcycle Accident Attorney. David A. Wolf has over 30 years of experience fighting on behalf of injury victims. David A. Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.