Motorcycle Accident Claims in Melbourne: helmet laws, lane splitting myths, and recovery tips

Brevard County is warm most of the year. This means we have plenty of motorcycle riders who want to get out and enjoy riding on two wheels. Unfortunately, this also means that we have more than our share of motorcycle accidents. Highways like US-1 and I-95 are where a great number of accidents happen. There are hundreds of motorcycle accidents per year in our county.

Florida’s Motorcycle Helmet Law: What Riders Must Follow

Florida operates under a partial helmet law (Florida Statute 316.211), not a universal requirement like some states. Riders under 21 must wear a helmet at all times when riding on or operating a motorcycle. Riders and passengers 21 and older can choose not to wear a helmet, but only if they carry an insurance policy providing at least $10,000 in medical benefits specifically for injuries from a motorcycle crash. Proof of this coverage (like a health insurance card or policy declaration) is required if stopped by law enforcement.

Lane Splitting Myths: It’s Not Legal in Florida

A common myth is that lane-splitting (riding between lanes and in-between cars) is legal or at the very least tolerated in Florida. This is not true. It is illegal to perform these maneuvers in Florida because of the risk associated with them.

Florida Statute 316.209 explicitly prohibits it: Motorcyclists must stay in a single lane and cannot operate between lanes of traffic or between rows of vehicles. Violating this can lead to tickets, points on your license, and—critically—being assigned fault in an accident.

Recovery Tips After a Motorcycle Accident in Melbourne

If you are in a motorcycle accident in Brevard County, there are some steps you should take immediately.

1. Seek Medical Care – Even if you are not feeling injured, adrenaline from the accident may be masking your injuries. It’s imperative that you get checked out by professionals.
2. Report the Accident – Accidents are a legal matter and a police record should be made. This is imperative and the report will be used in any civil litigation.
3. Gather Evidence – Take photos of the scene. Take photos of the vehicles involved as well as the people involved. Take some video too if you have an opportunity to do so.
4. Avoid Talking to Insurance Companies – These companies will often each out trying to get you to admit fault or say anything which can be used to hurt your case later. Ignore these calls. Deal with your attorney only.
5. Hire an Attorney – We work on fees generated only if you win your case. An attorney will fight for you and handle the ins and outs of the case.

Nobody wants to be involved in an accident. But they happen anyway. The key is to try to remain calm and use logic to dictate your next step. It helps to have a mental checklist like the one we created above. You will be glad you followed these steps if you are ever in the unfortunate position of being in a motorcycle accident.