Motorcycle Accident Injury Law

If you drive a motorcycle, it is important to be aware of the local laws. Many accidents involving a motorcycle versus a car result in serious injury or death.

Here is an overview of the law with regard to motorcycles and mopeds:

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.

Also, it is not required to register motorcycles as with four-wheel motor vehicles, but the owner or operator of a motorcylcle is financially responsible for bodily injuries and property damage to others if they are found to have caused a crash.

Other important notes:

• Florida’s “no fault” or PIP law does NOT apply to motorcycles.
• The Financial Responsibility law does apply to motorcycles.
• If the driver of a motorcycle had no liability coverage 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.
• One should carry as much uninsured/underinsured (UM) insurance as one can afford. UM insurance covers medical expenses, lost wages, pain and suffering, and death related expenses.
• It is highly recommended to carry passenger insurance coverage if you plan to carry passengers.