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Is there a Maximum Speed Limit for Motor Scooters in the State of Florida?

Like other motor vehicles in the State of Florida, operators of motor scooters must obey posted speed limits. Section 316.184, Florida Statutes governs the general speed limits which are 30 miles per hour in residential and business districts, 20 to 25 miles per hour on local street and highways as determined by local authorizes, 55 miles per hour in other area, and no greater than 70 miles per hour on highways that are part of the National System of Interstate and Defense Highways. As such, the operator of a motor scooter must follow the laws in a similar manner to a driver operating a motor vehicle.

The laws in the State of Florida designate motor scooters with an engine displacement of 50 cc or less in a different category as those motor scooters over 50 cc which would in essence be categorized a motorcycle for purposes of medical coverage, insurance, helmet use, motorcycle endorsement, and other laws.

There is no helmet requirement to operate a motor scooter with an engine displacement of 50 cc or less and that cannot exceed a speed of 30 miles per hour on flat ground. A scenario may arise in which an operator of a motor scooter with an engine displacement of 50 cubic centimeters or less is traveling at a speed greater than 30 miles per hour without a helmet. If a police officer observes that a motor scooter operator is going faster than 30 miles per hour without a helmet, a citation may be issued for failure to wear a helmet.

As to speed limits, it should be made clear that under Florida law - a motor scooter is a motor vehicle. As such, operators of motor scooters need to obey the rules of the road and posted speed limits. Certainly, it is important that motor scooter operators be alert and safe while on the roads and streets. Likewise, drivers of other motor vehicles should be on the look out for motor scooters. When there is a crash between a motor vehicle and a motor scooter, there can be quite significant and permanent injuries suffered by the motor scooter operator.

In the State of Florida, it is often helpful to have a police report to document the details of the crash, the property damage, and reported injuries. To pursue a personal injury case following a motor scooter accident, it is not required that a police report is generated. However, it is preferable. It should also be noted that the issuance of a citation or the lack of the issuance of a citation following a motor scooter accident in the State of Florida is not controlling on the pursuit of personal injury claim on behalf of the personal injury victim. In other words, Florida law does not appoint the police officer as judge and jury as to who was at fault for an accident.

Following a motor scooter accident, there are a number of challenges and issues faced by a motor scooter personal injury victim. An experienced personal injury attorney can help provide advice, guidance, and legal representation on cases of this nature. Attorney David Wolf has over 30 years of experience. His legal practice only represents injury victims and not insurance companies. It is important to level the playing field when pursuing a personal injury case or claim. David Wolf provides a free consultation to personal injury victims and their families. Contact David Wolf right now. He is available days, nights, weekends, and holidays. Get the Wolf to enforce and protect your legal rights. (904) 500-WOLF / (904) 500-9653. You can also e-mail David Wolf at dwolf@davidalanwolf.com


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