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FLORIDA

Motorcycle Laws in Florida

These references are for Florida only and are offered for general background purposes.  Because laws are frequently amended they should not be relied upon without reviewing your legal situation with an experienced motorcycle accident attorney.  Other statutes and laws may also apply.

316.405 Motorcycle headlights to be turned on.--

(1) Any person who operates a motorcycle or motor-driven cycle on the public streets or highways shall, while so engaged, have the headlight or headlights of such motorcycle or motor-driven cycle turned on. Failure to comply with this section during the hours from sunrise to sunset, unless compliance is otherwise required by law, shall not be admissible as evidence of negligence in a civil action. During the hours of operation between sunrise and sunset, the headlights may modulate either the upper beam or the lower beam from its maximum intensity to a lower intensity, in accordance with Federal Motor Vehicle Safety Standard 571.108.

(2) Failure to comply with the provisions of this section shall not be deemed negligence per se in any civil action, but the violation of this section may be considered on the issue of negligence if the violation of this section is a proximate cause of a crash.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--ss. 1, 2, ch. 71-351; s. 1, ch. 76-31; s. 222, ch. 99-248.

Note.--Former s. 316.2431.

The McMillen Law Firm represents motorcycle accident victims throughout Florida, including Orlando, Tampa, Jacksonville, Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples, Panama City, Pensacola, Sarasota, St. Augustine, St. Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm Beach, and the counties of Bay, Brevard, Broward, Collier, Dade, Duval, Escambia, Highlands, Hillsborough, Indian River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola, Palm Beach, Pinellas, Polk, St. John’s, St. Lucie, Sarasota, Stuart, and Volusia


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While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state.  To serve you better we have opened additional satellite offices in several major Florida cities.   We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities.  When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better.  If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you. 

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Laws are constantly changing.   If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

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