Motorcycle Accident Claims in Florida

Florida requires motorcycle riders and passengers to wear a helmet meeting federal standard FMVSS 218, and operators must wear eye protection. A rider over 21 may ride without a helmet if covered by an insurance policy providing at least $10,000 in medical benefits for motorcycle-crash injuries. The helmet rule does not apply to riders in an enclosed cab or to riders 16 and older on certain low-power motorcycles (50cc or less, 2 brake horsepower or less, and not able to exceed 30 mph); a violation is a noncriminal nonmoving traffic infraction. The statute does not say whether going without a helmet reduces damages.

Lane splitting is illegal in Florida: the statute says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane occupied by the vehicle being passed. Police officers and firefighters performing official duties are exempt. Motorcycles are entitled to full use of a lane, may ride no more than two abreast in a single lane, and a violation is a noncriminal moving traffic infraction.

Modified comparative fault (51% bar). In negligence cases, an injured person's own fault reduces the damages proportionately, but a person found more than 50% at fault for his or her own harm recovers nothing. This bar does not apply to personal injury or wrongful death claims for medical negligence, where pure comparative fault applies. Each defendant generally pays only its own percentage of fault.

Florida is a no-fault state. Owners must carry personal injury protection (PIP) of $10,000 in medical and disability benefits (medical benefits pay 80% of reasonable expenses) and $5,000 in death benefits, plus $10,000 of property damage liability. Because of PIP, an injured person can sue an at-fault driver for pain, suffering and similar non-economic damages only if the injury involves significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

A lawsuit founded on negligence (such as most car-accident and slip-and-fall injury claims) must be filed within 2 years. Claims for assault, battery, false imprisonment and other intentional torts have 4 years, as do product-related injury claims.