Florida’s Motorcycle Laws
Motorcycles are popular throughout the state of Florida, as the warmer climate allows motorcyclists to enjoy their mode of transportation for much of the year. If you are a motorcycle rider in the state of Florida, you should learn about the laws regarding your rights and responsibilities as a motorcyclist to ensure your legal rights remain protected.
Motorcycle Helmet Law
The state of Florida allows motorcyclists over the age of 21 to make an individual determination as to whether or not they want to wear a helmet when riding a motorcycle. However, if an individual makes the choice not to wear a helmet, they must have a minimum of $10,000 in bodily injury coverage through their insurance.
If a motorcyclist fails to have this legally required insurance coverage while not wearing a helmet in the state of Florida, law enforcement may issue a ticket. Additionally, if the motorcyclist has a passenger on their motorcycle that is under the age of 21, the passenger must wear a helmet according to state law.
Vertical License Plates
The state of Florida allows motorcyclists to mount motorcycle license plates vertically as well as horizontally. However, if I motorcyclist mounts their license plate vertically, they must also have an active Sun Pass transponder mounted on their motorcycle.
A Sun Pass transponder will allow motorcyclists to pass through certain tolls without the need to stop. Because some of the toll bridge cameras have difficulty reading vertically-mounted license plates, ensuring that all motorcycles have a Sun Pass transponder will ensure that no motorcyclist attempts to defraud the state by riding their vehicle through a toll bridge without identification that can be easily read by the computer systems.
Uninsured Motorist Coverage
If you are in a hit-and-run accident and have uninsured motorist coverage under your own insurance policy, you may be able to receive compensation for any injury or losses. The state of Florida does not require any motorist or motorcyclist to carry this insurance, however, anyone can purchase this additional insurance as part of their coverage.
Because many motorcycle accidents are considered “no-contact” accidents, or involve hit-and-run drivers simply because motorists are unaware that an accident with a motorcyclist even occurred if you are a motorcyclist in the state of Florida, you should consider purchasing this additional uninsured motorist insurance coverage.
Motorcycle Passenger Insurance
Insurance policies that cover motorcycles are different than those for automobiles and other vehicles. Every motorcycle policy is different, and each has an individual determination as to whether it will cover the passengers that will ride on that motorcycle. Because it is not required or necessary, you should take time to determine whether or not you have or want this coverage for your passenger in case you are involved in an accident.
Comparative Negligence
The state of Florida follows comparative negligence law. This law states that if a victim is partially responsible for either the accident or their own injuries, their compensation will be reduced by that amount regarding any settlement or judgment.
In some cases, if a motorcyclist makes the decision not to wear a helmet, this could result in an insurance company or court of law indicating that they failed to follow reasonable measures to protect themselves. Therefore, had they worn the helmet, while they still may have been involved in an accident, their injuries would not have been as severe.
It is important to note that a motorcyclist should never let the theory of comparative negligence prevent them from filing a personal injury case, as they will still likely be awarded compensation if the accident was the direct result of someone else’s negligence.
Statute of Limitations
The state of Florida has a deadline called a statute of limitations that prevents any victim of a motorcycle accident from filing a claim against a negligent party two years after the date of the accident.
While two years may seem like a generous amount of time, oftentimes an independent investigation needs to be conducted, as well as the victim needs to develop a strong personal injury case with witness testimony or expert witnesses. Make sure to file your claim before the statute of limitations or you will lose your legal right to pursue compensation for your injuries and losses.
Contact an Experienced Motorcycle Accident Attorney
If you were involved in a motorcycle accident, you likely are facing substantial medical bills, lost wages, property damage, and pain and suffering. Contact our compassionate and experienced legal team at Stevenson Klotz Gulf Motorcycle Lawyers in Florida at 850.750.5292 or online today for your free consultation.
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