Florida has one of the most active motorcycle communities in the entire nation, thanks to its great weather and long coastal highways and views. However, riding a motorcycle is risky, meaning that protective gear is a must for any Florida rider. In addition to protecting you from injury, wearing protective gear can also preserve your ability to recover financial compensation after a motorcycle accident. Talk to a motorcycle accident attorney to get answers to your questions about motorcycle safety gear and accident responsibility.
The Importance of Motorcycle Safety Gear
Motorcycles can be an exceptionally dangerous form of transportation compared to passenger cars. The increased risk is due to the fact that riders are completely exposed to hazards and lack the cabin protection of passenger vehicles. The injury rate in motorcycle accidents is far higher than the injury rate in car accidents, and motorcycle accidents are much more likely to be fatal. Florida, in particular, is very deadly for motorcycles, and about 600 people died in one recent year in motorcycle crashes statewide, according to data from the Florida Department of Highway Safety and Motor Vehicles.
Motorcycle safety gear can drastically reduce the risk of suffering injury or death in an accident. For example, a motorcycle helmet can reduce the risk of fatal injury by as much as 37 percent, according to the CDC. Safety gear, like appropriate clothing and goggles, can also reduce the risk and severity of injuries like road rash, eye injuries, and broken bones. One study from the George Institute for Global Health found that wearing a jacket significantly reduced the risk of abrasions or bone fractures after motorcycle accidents. The presence of body armor on motorcycle clothing further reduces injury risk.
Florida’s Motorcycle Safety Gear Laws
Florida has limited motorcycle helmet laws requiring all riders under the age of 21 to wear a DOT-approved helmet. Riders over 21 can choose not to wear a helmet so long as their motorcycle insurance policy includes at least $10,000 in injury coverage. Riders must also wear eye protection while riding. If they do not have eye protection, they must have a windshield on their bike.
Aside from these two laws, riders do not have to wear any other form of motorcycle safety gear. However, it is recommended that riders wear other safety gear, including:
- Jacket
- Fingered gloves
- Closed-toe boots
- Ear protection
- Long pants
Required Motorcycle Equipment in Florida
In addition to helmets and eye protection, every motorcycle must have the following equipment to be street-legal:
- Working headlamps
- Handlebars lower than the shoulders
- Working headlamps
- Front and rear turn signals
- Reflectors and mirrors
- Footrests for passengers
- License plates
Riding without any of the above equipment is a non-criminal traffic violation that can carry penalties and fines.
Critical Features of Motorcycle Safety Gear
When searching for motorcycle safety gear, the following considerations should guide your decision:
- Abrasion Resistance – Abrasion resistance protects against road rash when sliding across pavement. Good materials for abrasion-resistant clothing include denim, leather, Kevlar, and nylon.
- Impact Prevention – Impact prevention concerns how the material absorbs the force of direct and indirect impacts. The best types of materials for impact prevention are flexible under normal conditions but harden under impacts. CE ratings on motorcycle gear indicate the degree of impact absorption and protection they offer.
- Weather Performance – You should also look for weather-performance features, like thermal lining, waterproofing, and ventilation. The right protective gear can be useful year-round in all weather conditions.
- Improved Visibility – Lastly, protective gear should also increase visibility. Coloring and reflective materials can make riders stand out in traffic and reduce the chance of collisions with distracted drivers.
How Motorcycle Gear Impacts Injury Claims
The main reason to wear motorcycle safety gear is to reduce the risk of injury and death. Aside from safety concerns, wearing motorcycle gear is also important for shared liability considerations. Florida law follows the doctrine of comparative negligence, which reduces the amount of money injury claimants can receive if they were also negligent and at fault. The greater the percentage of fault the victim shares, the less money they can receive in a settlement or verdict.
This rule matters because failing to wear motorcycle safety gear could count as negligence and affect your ability to recover compensation for your injuries. This fact is especially important for motorcycle riders who are excluded from no-fault PIP coverage in Florida and must rely on fault-based claims to recover compensation. However, not wearing safety gear does not automatically absolve the other motorist from fault. Even if you are not wearing safety gear on a bike, motorists must drive prudently and respect your right to safely use the road.
Does Not Wearing Gear Affect Compensation?
Whether or not failing to wear safety gear will affect your settlement depends on the nature and severity of the injuries. If wearing safety gear would have mitigated the injuries, then failing to wear gear could count against you in settlement decisions. For instance, if you sustain a traumatic brain injury in an accident, but wearing a helmet would have mitigated the damage, it will likely count against you in settlement negotiations.
On the other hand, protective gear doesn’t always make much of a difference for certain injuries, like blunt force trauma to the chest and legs. In these cases, it’s less likely that failing to wear safety gear will impact final settlement amounts. Other factors that will affect the amount of compensation you can receive include:
- Other drivers’ actions
- Traffic law compliance
- Road conditions
- Presence of bad weather
- Injury severity and long-term impacts
- Extent of pain and suffering
In either case, it is important that you work with an accomplished motorcycle attorney who can minimize your liability and maximize the amount of money you can recover for your injuries. If you have more questions about the impact of motorcycle safety gear on accident settlements, contact Jurewitz Law Group Injury & Accident Lawyers online or call (619) 233-5020 to schedule a free consultation with a Florida motorcycle accident attorney.
