There is no mandatory Florida helmet law for bicycles for those 16 years or older. However, according to Florida law, individuals under 16 years of age and who want to ride a bicycle must wear a helmet. The helmet must be fitted and fastened appropriately to enhance the security of the wearer.
Children in Florida need to wear helmets while bicycle riding for their safety. Helmets are protective gear for adults as well. Helmets have been proven to save many lives and prevent riders from sustaining catastrophic injuries including traumatic brain injury and spinal cord injury.
If a child is hurt by a car collision who is not wearing a helmet, the driver will be liable for the injuries if the accident is caused due to the driver’s negligence.
Helmets must be worn according to size. Like hats, you need to measure the size of your head to find your perfect size. The position of your helmet should sit low on your forehead and one or two finger widths from your eyebrow.
Side straps must be properly tied in a form of a V shape. Buckles must be properly fastened and the chin strap must also be checked. Injuries can be prevented when wearing a helmet that is properly fitted, even if accidents cannot always be prevented.
If you are not wearing a helmet while riding a bicycle, it will reduce the value of your injury claim. If the victim does not wear a helmet, they are contributing to their injuries.
According to Florida statute section 316.2065(18), “in case an individual is not wearing a bicycle helmet or the parent fails to prevent a child from riding a bicycle without a bicycle helmet will be considered evidence of contributory negligence or negligence”.
According to the F.S. 768.81, the amount of compensation will be reduced by the contributory negligence of the bicyclist.
No guardian or parent may knowingly permit their minor child to ride a bicycle without following FL bicycle helmet law. According to F.S. 318.18, the penalty imposed is $15.00.
When a bicycle collides with a car, the result can include fatal injuries. Even if wearing a helmet, a human body cannot withstand the force with which a vehicle collides with a bicycle. Bicyclists may encounter severe injuries after a crash such as:
All these injuries can lead to hefty medical bills. Bicyclists and pedestrians are not required to have personal injury protection (PIP) coverage.
If the auto driver was negligent, the cyclist will file a claim against the driver whose negligence caused the accident. In cases involving disfigurement, loss of functioning of the body, or significant scarring, the bicyclist can file a lawsuit against an at-fault driver to pursue compensation. The accident victim can file a suit against the at-fault driver for any medical injuries.
According to the Insurance Institute for Highway Safety, in 2020, only 17% of bicyclists who died were wearing helmets while riding bicycles.
According to the National Highway Traffic Safety Administration (NHTSA), 938 people were killed in bicycle crashes in 2020. In 2020, the number of males under 20 years who died due to bicycle accidents was 84, and the number of females under 20 years who died was 13 in Florida.
The number of males over 20 years who died was 714, and the number of females who died in bicycle accidents was 103.
Bicyclists need to know federal safety standards and wear bicycle helmets to avoid bicycle injuries. To increase bicycle safety and create awareness, NHTSA conducts public awareness programs including National Bike Month. The program creates a safety model by encouraging motorists to share the road with bicyclists.
If you want to get insights on helmet laws in Florida or if you or a loved one have been injured in a bicycle accident with a car, consulting a Fort Myers Personal Injury Attorney may be beneficial.
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