Although Florida motorcycles are given the same rights and privileges as any motor vehicle on the roadway (e.g., bikers must follow all traffic laws, including those related to speed limits, lane changing, yielding, etc.), motorcyclists are subject to very different laws when it comes to the accidents.
First of all, Florida’s No-Fault Law does not apply to motorcycles riders or passengers. See Personal Injury Coverage in Florida. Thus, motorcyclists cannot immediately recover medical expenses from the at-fault driver’s Personal Injury Protection coverage (PIP) and in fact, may even be out-of-pocket for their accident-related medical expenses if they did not purchase optional medical insurance coverage or have private health insurance. On the other hand, however, by not being subject to the PIP law, motorcyclists are not required to prove that they suffered a permanent injury (the threshold requirement for car drivers) to be able to recover future medical care and pain and suffering damages.
Second, motorcyclists over the age of 21 are required to wear a helmet, unless they can show proof of medical insurance coverage in the amount of $10,000 or more (the motorcyclist can purchase optional motorcycle medical payment coverage or private health insurance can be used to meet the $10,000 requirement). Motorcycle passengers are not required to have motorcycle medical insurance if the motorcycle rider’s motorcycle coverage extends to passengers. Also, Florida motorcyclists are required to wear eye protective devices. Failure to comply with the helmet and eye protection requirements could be used to charge the motorcyclist with comparative fault reducing the amount of recoverable damages.
Finally, Florida motorcyclists are subject to Financial Responsibility Laws, i.e., just like automobile owners they are required carry property damage and bodily injury liability coverage.