Motorcycle riding is an incredibly thrilling experience for many Floridians, and the Sunshine State offers some of the most beautiful rides in America. However, when a motorcycle accident occurs, determining liability can be complex.
In this blog post, we’ll explain how liability is assigned after motorcycle accidents so that Florida residents can have a better understanding of their legal rights and options following an accident.
The Cliff Notes: Key Takeaways From This Post
- Motorcyclists in Florida do not have any insurance requirements in order to legally ride on the roads and tend to be at a significant disadvantage when it comes to seeking compensation after an accident.
- In the state of Florida, drivers must adhere to a no-fault law for any motorcycle accident. This means that regardless of who is at fault, each driver is responsible for his or her own medical expenses and property damage related to the accident.
- As part of this no-fault law, drivers must have personal injury protection (PIP) coverage. Motorcyclists, however, do not have any insurance requirements in order to legally ride on the roads and tend to be at a significant disadvantage when it comes to seeking compensation after an accident.
- It is highly recommended that motorcyclists involved in an accident seek legal advice from an experienced personal injury attorney specializing in motorcycle accidents. They will understand the laws related to no-fault liability and insurance requirements in Florida, provide advocacy for maximum compensation, negotiate with insurance companies, and represent you in court if necessary.
- If you have been injured in a motorcycle accident in the state of Florida, get in touch with Herman & Wells today for a free consultation – we are here to help.
Parties Liable & Determining Fault
When it comes to determining liability after a motorcycle accident in Florida, the party found at fault for causing the incident can be held liable for any damages resulting from the crash. Depending on the circumstances of the accident, this could mean that multiple parties are responsible. The main factors used to determine who is legally at fault include negligence and comparative or contributory fault rules:
Negligence is an important concept in personal injury law. It’s used to establish that one party was responsible for the collision resulting from their careless or reckless actions. In Florida, a driver can be considered negligent if they fail to use reasonable care, such as driving while impaired, speeding, failing to yield right-of-way, or texting while driving.
Comparative Fault & Liability In Florida
In some cases, both parties involved in a motorcycle accident may share partial liability for the incident. Florida follows a comparative fault rule, which means that each party’s degree of responsibility will be taken into account in determining who is liable for damages resulting from the crash. This means that you can still recover compensation for your injuries even if you are partially at fault, however, any damages awarded will be reduced by your degree of responsibility.
Post-HB 837 Changes To Comparative Fault
This year, Florida passed House Bill 837 which changed the way comparative fault is handled in personal injury cases. The law states that a plaintiff is prevented from recovering any damages if they are found to be more than 50 percent at fault for the incident. This change does not apply to actions based upon medical negligence. The legislation also reduced the statute of limitations for personal injury claims from four years to two years.
Florida’s No-Fault Law And Insurance Requirements
In the state of Florida, drivers must adhere to a no-fault law for any motorcycle accident. This means that regardless of who is at fault, each driver is responsible for his or her own medical expenses and property damage related to the accident. In order to meet this requirement, car drivers are required to have personal injury protection (PIP) coverage.
However, the same is not true for motorcyclists. In Florida, there are no insurance requirements for motorcyclists in order to legally ride on the roads. As a result of this lack of regulation, motorcycle accidents involving uninsured drivers are becoming increasingly common.
This presents a unique challenge and consideration for motorcyclists when it comes to the no-fault law. While no-fault coverage is beneficial for car drivers in the event of an accident, it can be incredibly difficult for motorcyclists involved in an accident with an uninsured driver to receive compensation for their damages and medical expenses.
Benefits Of Hiring A Personal Injury Attorney Specializing In Motorcycle Accidents
Extensive Knowledge And Expertise In Florida Motorcycle Accidents
Hiring a lawyer with extensive knowledge and expertise in Florida motorcycle accidents can help motorcyclists understand their rights and navigate complex legal issues that may arise from an uninsured driver. A knowledgeable lawyer can review the specific laws related to no-fault liability and insurance requirements in order to provide guidance and advise on the best course of action.
Advocacy For Maximum Compensation
Beyond understanding legal procedures, an experienced attorney can also provide strong advocacy for victims in search of maximum compensation. They will be able to assess damages comprehensively, identify parties responsible for the accident, and aggressively pursue fair settlements with insurance companies.
Skillful Negotiation With Insurance Companies
It is often the case that insurance companies will attempt to pay out a lesser amount than what is fair. A skilled attorney can negotiate on behalf of their client in order to secure the maximum compensation possible, as well as protect them from being taken advantage of by the insurance company’s tactics.
Litigation Support And Courtroom Representation
In the event that a settlement cannot be reached with the insurance companies, an experienced personal injury lawyer can provide important guidance and legal representation in court. They will be able to build a strong case for their client and ensure that they are prepared to fight for their rights.
Seeking Legal Assistance And Protecting Your Rights
If you are involved in a motorcycle accident in the state of Florida, it is important to seek legal advice from an experienced personal injury attorney specializing in motorcycle accidents. They will be able to provide legal guidance and support throughout every step of the process, from filing claims to pursuing litigation if necessary. Before committing to a lawyer, it is important to research the attorney’s experience, reputation, and track record. Ask for referrals from reliable sources and speak with several attorneys in order to make an informed decision.
It is also crucial that you protect your rights following a motorcycle accident. Make sure to preserve evidence related to the accident, such as photos or police reports. It is also important to seek legal advice as soon as possible, as there are time limits for filing claims in the state of Florida. By understanding your rights and seeking timely legal assistance after a motorcycle accident, you can ensure that you will be well-equipped to fight for maximum compensation.
Injured In A Motorcycle Accident? Call Herman & Wells
If you have been injured in a motorcycle accident in the state of Florida, get in touch with Herman & Wells today. Our team is composed of experienced personal injury attorneys who specialize in motorcycle accidents and understand the ins and outs of liability.
The motorcycle accident attorneys at Herman & Wells will fight to ensure that your rights are protected and work tirelessly to secure maximum compensation for your damages. Call (727) 821-3195 today for a free consultation – we are here to help.