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DO I HAVE TO WEAR A HELMET WHEN RIDING A MOTORCYLE?

The State of Florida has several laws that are specific to motorcycle riders. The majority of the laws are designed to protect rider safety and to ensure safe travel on Florida roadways. One safety condition that is a hot button issue is whether there should be a requirement that motorcycle riders wear helmets.

Looking at the strict construction of the law, the answer to whether riders are required to wear helmets is, sometimes.

Florida Statute 316.211(3)(b) is establishes that a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle. Thus F.S. 316.211 imposes two conditions that allow riders the right to ride a motorcycle without the legal requirement to wear a helmet. First the rider must be over 21 years of age and second the rider must carry at least $10,000 in medical benefits for any injury related to the crash of a motorcycle.

If the rider meets the two conditions referenced above, than Florida law does not impose a requirement of wearing a helmet. Given the significant and often times deadly injuries riders can sustain from a motorcycle accident many advocates of motorcycle safety recommend that a helmet be worn.

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