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.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    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.
  • 2
    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.
  • 3
    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.
  • 4
    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.
  • 5
    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

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.

A Floridian involved in a motorcycle accident fills out their injury claim form.