Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers | Motorcycle accident
Florida has strict guidelines about where a child can sit in a vehicle and the type of child safety restraint the child is required to use based on age. However, there are no age restrictions for children to ride on the back of a motorcycle.
What age can a child ride on the back of a motorcycle in florida? Although the state does not put an age restriction for children riding on the back of motorcycles, children must still obey the Florida motorcycle helmet laws. The legal age to ride a motorcycle in Florida is 21 years, thus all motorcycle riders under the age of 21 years must wear a motorcycle helmet,
Therefore, you need to purchase a child’s motorcycle helmet if you intend to let your child ride on the back of your motorcycle. The motorcycle helmet must comply with all state and federal laws.
Make sure that you choose a motorcycle helmet that fits your child’s head correctly. If the motorcycle helmet is too large or loose, it will not provide as much protection if your child is involved in a motorcycle wreck.
Florida motorcycle laws prohibit passengers from riding on a motorcycle that does not have a passenger seat and dedicated footrests. The child’s feet need to touch the footrests. Also, the seat must be built to accommodate both the rider and the passenger.
Some children may be too small to reach the footrests or hold onto the rider tightly. Motorcyclists should consider whether the child is ready to be a passenger on the motorcycle. If the child does not understand the rules for riding the motorcycle, they may be too young to ride.
Some parents and guardians choose to use a sidecar instead of having the child ride on the back of the motorcycle. You need to ensure the sidecar meets all requirements and you follow the manufacturer’s instructions related to child passengers.
If a child rides on the back of a motorcycle, they should wear protective gear. Leather jackets, boots, denim pants, and other protective gear can reduce the risk of serious injury in the event of a motorcycle accident.
Some riders use special passenger belts to help a child balance and stay on the back of the motorcycle. The strap fastens around the child and rider so that the child is secured to the rider’s back.
If a special carrier is used for the child, the carrier needs to fit securely on the motorcycle’s passenger seat. Therefore, it is wise to have the seat inspected by a certified inspecting station to ensure the carrier is secured correctly to the motorcycle.
You might take all steps to keep your child safe as a passenger on a motorcycle. But, unfortunately, you cannot force other drivers to use good driving behaviors on the road. Therefore, you could be involved in a motorcycle crash with your child.
The first priority is your child’s health. Motorcycle accidents often cause catastrophic injuries, including traumatic brain injuries and paralysis. Thus, seek immediate medical attention for your child.
As soon as possible, consider hiring a personal injury lawyer for your child. Child injury cases are complicated. The damages a child might suffer may not be immediately known. Therefore, you may need medical experts and other professionals to determine the extent of your child’s injuries.
Damages that your child might recover for a motorcycle accident claim include:
A motorcycle accident could result in conditions and injuries that impair your child’s development. However, you may not see evidence of the impairment right away. It could take years to detriment the level of cognitive, physical, and emotional impairments caused by motorcycle accident injuries.
An accident attorney understands the challenges of valuing an injury claim involving a child. For example, your child’s injuries could limit their ability to work when they grow up.
Your child deserves compensation for future loss of income and loss of earning potential. However, placing a value on future damages often requires the assistance of financial experts and economists.
Keep in mind that a judge may need to review the settlement agreement to ensure that it is in the child’s best interest. In some cases, the court may restrict the use of the funds or require the funds to be held in a special account until the child reaches 18 years of age.
For more information, please contact the Clearwater and St. Petersburg motorcycle accident law firm of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve in Pinellas County, and its surrounding areas:
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – Clearwater
1875 N Belcher Rd. STE 201,
Clearwater, FL 33765,
United States
727-796-8282
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – St. Petersburg
2560 1st Ave S,
St. Petersburg, FL 33712,
United States
(727) 349-1728
I was recently contacted by a mother asking what the minimum legal age is for a passenger on a motorcycle. She was concerned because her child’s father was carrying her three year old as a passenger and she felt it was unsafe and dangerous. She did not give any specifics as to their marital status, custody of the child, state of residence, etc. so in order to address her concerns, and those of anyone else who may be interested, I will address her question on a state by state basis.
Laws vary by state and I found it difficult to reach anyone who could provide an answer to this question in Alabama. I did find out that the person who can provide this type of information in Alabama is the Chief Examiner for Drivers Licensure, currently Capt. Rush. His office number is 334-353-1974.
In some states, information can be obtained from the DMV, however, please note that there is a completely UNOFFICIAL website on the internet that is titled “DMV.org”. One would assume from the name, it is the official site of the Department of Motor Vehicles, so when searching for answers to important questions make certain you are speaking with an authorized agent with access to the latest revisions of the laws.
Some states that have no legal minimum age for a passenger, do at least stipulate that the child must be able to reach the foot pegs on the motorcycle. IF you live in a state with helmet laws, the passenger, regardless of age, must wear a properly fitting helmet. For very young children it may be difficult to find a properly fitting helmet, but the matter would certainly be open to conjecture as to how a judge would rule on whether or not it did fit properly.
While the laws usually prohibit carrying a passenger without the motorcycle being outfitted with a passenger seat and passenger footrests, there may or may not be an easily found specific notation that the passenger has to be able to reach the footrests. Check the wording of the current law in your particular state for a proper understanding of how it reads.
The following information is taken from the AMA (American Motorcycle Assoc.) website, and to obtain it, I searched each state individually. When possible, I compared the information to what I could find posted by the appropriate office within that state. If you find yourself in need of legal assistance, I urge you to verify the information as it can change at any time depending on the passage of legislation within in any state. Laws can be interpreted differently based on circumstance, or reliability of the source quoting them, so for specifics in regard to this and other questions, consult a qualified attorney in your state of residence for current applicable laws. Helmet laws are given here only as they may have a bearing on the legal minimum age of a passenger. Vrumblesramblingbikerblog. Dated: May, 2012.
ALABAMA: There is NO restriction on the minimum age for a motorcycle passenger. A rider who carries a passenger is required to have a passenger seat and footrest, and both rider and passenger are required to wear a helmet.
ALASKA: No minimum age for a passenger. Passenger seat and footrest are required. Helmets are required for operators under age 18, and for all passengers regardless of age.
ARIZONA: No minimum age for a passenger. Passenger seat and footrest are required. Helmets are required for all operators and passengers under age 18.
ARKANSAS: Persons under age 8 are prohibited from riding as a passenger on a motorcycle. Passenger seat and foot rest are required. Riders and passengers under the age of 21 are required to wear a helmet.
CALIFORNIA: No minimum age for a passenger. Passenger seat and footrest are required. Helmets are required, see California Vehicle Code Section 27803.
COLORADO: No minimum age for passengers. Passenger seat and footrest are required. Riders and passengers under the age of 18 are required to wear a helmet.
CONNECTICUT: No minimum age for passengers. Passenger seat and footrest are required. Helmet is required under age 18.
DELAWARE: No minimum age for passengers. Passenger seat and footrest are required. Riders and passengers must have an approved helmet in their possession. Riders up to 19 must wear helmets.
FLORIDA: No minimum age for passengers. Passenger seat and footrest are required. Helmets are not required for riders over 21 providing they carry a minimum of $10,000. In medical insurance.
GEORGIA: No minimum age for passengers. Passenger seat and footrest are required. Helmets are required.
HAWAII: Minimum legal age for passengers is 7. Passenger seat and footrest are required. Helmets required under age 18.
IDAHO: No minimum age for passengers. Passenger seat and footrest are required. Helmets required under age 18.
ILLINOIS: No minimum age for passengers. Passenger seat and footrest are required. No helmet requirements.
INDIANA: No minimum age for passengers. Passenger seat and footrest are required. Helmets required under age 18.
IOWA: No minimum age for passengers. Passenger seat and footrest are required. Helmets not required.
KANSAS: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under age 18.
KENTUCKY: No minimum age for passengers. Passenger seat and footrest are required. Helmet required for novice riders, under the age of 21, and instructional permit holders.
LOUISIANA: Minimum age for passengers is 5. Passenger seat and footrest are required. Helmets are required.
MAINE: No minimum age for passengers. Passenger seat and footrest are required. Helmets required under 18, operating with a learner’s permit, operating less than one year with license/endorsement; passenger is subject to the same restrictions as the operator.
MARYLAND: No minimum age for passengers. Passenger seat and footrest are required. Helmets required.
MASSACHUSETTS: No minimum age for passengers. Passenger seat and footrest are required. Helmets required for riders and passengers, including passengers in sidecars.
MICHIGAN: No minimum age for passengers. Passenger seat and footrest are required. The site states helmets are required, however, this is a good example of how laws can change, and why riders should stay current on their status. Michigan recently reversed this decision. Consult Michigan law for exact stipulations.
MINNESOTA: No minimum age for passengers. Passenger seat and footrest are required. Helmets required under age 18 and for instructional permit holders.
MISSISSIPPI: No minimum age for passengers. Passenger seat and footrest are required. Helmet required by law.
MISSOURI: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
MONTANA: No minimum age for passengers. Passenger seat and footrest are required. Helmets required under age 18.
NEBRASKA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
NEVADA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
NEW HAMPSHIRE: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 18.
NEW JERSEY: No minimum age for passengers. Passenger seat and footrest are required. Helmet with reflectorization required.
NEW MEXICO: No minimum age for passengers. Passenger seat and footrest are required. Helmet with reflectorization required.
NEW YORK: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
NORTH CAROLINA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
NORTH DAKOTA: No minimum age for passengers. Passenger seat and footrest are required. Helmet with reflectorization required.
OHIO: No minimum age for passengers. Passenger seat and footrest are required. Helmet required for novice riders, under age 18, and passengers are subject to the same requirements as the riders.
OKLAHOMA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 18.
OREGON: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
PENNSYLVANIA: No minimum age for passengers. Passenger seat and footrest are required. Helmet optional 21 or older if licensed not less than 2 full calendar years or has completed an approved motorcycle rider safety course. Passengers exempt if 21 or older.
RHODE ISLAND: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 21 and novice riders, required for passengers.
SOUTH CAROLINA: No minimum age for passengers. Passenger seat and footrest are required. Helmet with reflectorization required under 21.
SOUTH DAKOTA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 18.
TENNESSEE: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
TEXAS: Minimum age for passengers 5, unless seated in a sidecar attached to the motorcycle. Passenger seat and footrest are required. Helmet required under 21. Over 21, must show proof of successful completion of rider training or hold medical insurance covering injuries resulting from an accident while on the motorcycle.
UTAH: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 18.
VERMONT: No minimum age for passengers. Passenger seat and footrest are required. Helmet with reflectorization required.
VIRGINIA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
WASHINGTON: Minimum age for passengers 5. Passenger seat and footrest are required. Helmet required.
EST VIRGINIA: No minimum age for passengers. Passenger seat and footrest are required. Helmet with reflectorization required.
WISCONSIN: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 18 and for instructional permit holders.
WYOMING: No minimum age for passengers. Passenger seat and footrest are required. Helmet required under 18.
DISTRICT OF COLUMBIA: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
PUERTO RICO: No minimum age for passengers. Passenger seat and footrest are required. Helmet required.
Like
Loading...