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Naples Personal Injury Attorney > Blog > Legal Advice > Florida Motorcycle & Moped Driver Laws and Insurance Facts

Florida Motorcycle & Moped Driver Laws and Insurance Facts

Motorcycle and moped laws vary from state to state. It is important to be aware of the laws that apply in your state. Chances are, in accidents involving the rider of a motorcycle or moped versus the velocity and strength of a car, truck or van, the result will include major injuries or death. If you or a loved one rides a motorcycle or moped, be aware of the state laws, insurance requirements and coverage to ensure the best protection in case of an accident.

An overview of the law:

316.208 Motorcycles and mopeds.

(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.

(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

  1. When overtaking or passing another vehicle proceeding in the same direction.

  2. When preparing for a left turn at an intersection or into a private road or driveway.

  3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.

(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

(5) A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Insurance facts you should know:

  • Insurance is not required to register motorcycles as with four-wheel motor vehicles, however, if a motorcycle operator is charged in a crash with injuries, then the owner or owner/operator is financially responsible for bodily injuries and property damage to others.

  • Florida’s “no fault” or PIP law, which will usually cover a great portion of medical bills related to an accident no matter who is at fault in a motor vehicle accident, does NOT apply to motorcycles.

  • The Financial Responsibility law, which requires that any person at fault in a crash resulting in bodily injury and property damage to others to have full liability insurance coverage in effect at the time of the crash, does apply to motorcycles.

  • If no liability coverage was in effect at the time of an accident, then bodily injury/property damage liability insurance must be purchased and kept for three years to avoid license and tag/registration suspension or to reinstate license and tag/registration after suspension.

  • It is highly recommended that you carry as much uninsured/underinsured (UM) insurance as you can afford. UM insurance covers medical expenses, lost wages, pain and suffering, and death related expenses.

  • If you plan to carry passengers it is a good idea to ask your insurance carrier about passenger insurance coverage.

  • Even if you do not have motorcycle insurance for the motorcycle you are riding when injured, Florida law allows for a claim against the driver and/or owner of the motor vehicle that is deemed at fault

If you or a loved one has been injured in a motorcycle or moped accident caused by another person, call us today to discuss your legal rights.

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