The number of motorcycle accidents happening in Florida annually is often the highest in the country. With congestion on highways as an everyday part of life, it is easy to see the convenience of a motorcycle. Motorcycle accidents make up one-fifth of all vehicle-related deaths in the state. Yet alarmingly, one in five riders do not hold an insurance policy, and only one in seven actually do not wear a helmet.
In the event that you are involved in a motorcycle accident in Florida, there are a number of parties who may have caused the accident. In order to prove this, negligence must be established through the collection of evidence.
If you or a loved one has been injured in a motorcycle accident, then you may be able to sue the responsible party. It is vital to your case that you hire a motorcycle accident lawyer in order to help you determine how to proceed. At The Law Place, our team has a combined experience of over 75 years so that we can help you every step of the way. Call us today for a free consultation at (941) 444-4444.
Duty of Care for Florida Motorcyclists
If you are a motorcyclist on the roads of Florida, you are expected to follow the same duty of care as any other driver. This can be defined as the responsibility to safeguard others on the road from potentially fatal accidents.
It is important to remember that under Florida Statute 316.208, driving laws apply to all vehicles, including commercial vehicles, passenger vehicles, and motorcycles alike. Therefore, motorcyclists have the right to use the entire lane without another vehicle driving alongside them, as stated in Florida Statute 316.209. This is often ignored by non-motorcyclists and would be an example of negligence.
Whilst it is permitted to weave in and out of traffic in some states, it is not permitted in Florida. Any motorcyclist who suffers an accident whilst driving in such a manner may also be found as a negligent party. However, you are allowed to drive next to another motorcycle.
In order to prove that another driver acted with negligence and caused your accident, four factors must be established:
- A duty of care was owed to the victim.
- Another driver breached this duty of care.
- This breach of duty caused injuries to the victim.
- Damages suffered were a result of the breach of duty.
If you have been involved in a motorcycle accident and have experienced pain and suffering due to the actions of another, then you will need to contact a lawyer as soon as possible.
Contacting a motorcycle accident lawyer will give you a stronger chance of recovering the compensation you deserve. Collecting evidence and building a strong case can be very tricky without the aid of an experienced professional. Contact us today for a free case evaluation and the advice you need to take the next steps in your case.
Determining Fault After a Motorcycle Accident
Following a motorcycle accident, it can be complicated to determine exactly who was at fault. When pursuing a personal injury claim, you must be able to prove negligence on the part of another driver(s). However, unlike those who have suffered in a passenger vehicle crash, motorcyclists do not have to prove permanent injury.
When trying to prove negligence, there are an array of areas where evidence can be found:
- Reckless driving.
- Driving whilst under the influence of drugs or alcohol.
- Driving whilst impaired.
- Driving whilst distracted.
- A lack of maintenance on a vehicle.
If it is a commercial vehicle that has caused the accident, then more than one party can be held liable for damages. The trucking company, the truck driver, the truck owner, and the manufacturer may have all played a part in your accident. Failure to maintain the vehicle could be the fault of the company, not the driver. Driving whilst fatigued could even be the fault of the company as well as the driver.
When trying to determine who is at fault in your motorcycle accident, you may have trouble. One of our experienced lawyers will be happy to determine who is responsible for your pain and suffering and build a strong case on your behalf.
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What Is Comparative Negligence?
When you decide to file a lawsuit following a motorcycle accident, it is key that you consider that Florida is a comparative negligence state.
Florida Statute 768.81 states that a victim’s contribution to the accident that caused the injuries will be considered in a court of law. This will be determined as a percentage, and this percentage will then be deducted from the total sum of the compensation secured. Therefore, if you are awarded $100,000 but you were found to be 20% responsible for the accident, then you will receive $80,000 overall.
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What Is a No-Fault State?
The no-fault system was designed with the objective of alleviating the court system of smaller cases that could be handled through insurance companies.
Florida is a no-fault state, and this means that the victim of a crash is expected to contact their own insurance provider for compensation. However, in the event that a victim’s injuries are considered ‘permanent,’ they have the right to avoid this legal system and directly sue those at fault for damages.
Unlike other vehicles on the roads of Florida, motorcyclists are not required to hold personal injury protection (PIP). Instead, Florida requires all riders to insure themselves for $10,000 single person bodily injury, $20,000 two or more people bodily injury, and $10,000 per crash in property damage. Failing to acquire such insurance could result in the victim being sued for negligence.
From the initial call to updates on your case status, we are here to get you answers.
The Law Place
At The Law Place, we are committed to helping victims of motorcycle accidents reclaim their lives. If you or a loved one has suffered at the hands of someone else, then do not hesitate to contact us for a free consultation.
Our team will review your case and offer advice on what steps you can next take to recover the expenses you have been forced to cover. We work on a no-strings-attached basis, so you can hear our proposal before you make the decision to work with us.
When you are ready to take back your life, call us at (941) 444-4444. Our phone lines are open 24/7.
