When riding a motorcycle, you are vulnerable to a variety of hazards. This vulnerability is part of what makes the experience unique but also dangerous. If you are involved in a crash, you are more likely to be injured than a driver or passenger inside a car since you lack that added protection from your vehicle.
At SKG, we understand how devastating a crash can be for a motorcyclist. Our law firm will help you access fair compensation, and we will handle all aspects of your case while you recover. Contact our motorcycle accident attorneys to discuss your case.
Common Causes for Motorcycle Accidents in Florida
Florida is ideal for motorcyclists due to its warm weather and scenic routes. However, riding a motorcycle in the state can also be dangerous due to the high number of yearly accidents. Our attorneys have represented hundreds of motorcycle accident victims due to another’s negligence, including:
- Drunk driving
- Drowsy driving
- Distracted driving
- Improper lane change
- Hit-and-run
- Pedestrians crossing the road
Poor road conditions and unsafe road designs can also contribute to motorcycle accidents in the state. However, many of these safety concerns can be addressed with improved infrastructure and by practicing safe driving.
Determining the cause of a motorcycle accident is critical when building a legal case. This information helps establish liability and determine the compensation that the injured party may be entitled to receive.
Our motorcycle accident lawyers will investigate the incident and help identify the liable party. We will send our investigators to photograph the accident scene and the vehicles involved in the collision. If any bystanders saw the incident, we will also obtain witness statements.
What Damages Can You Recover?
The compensation you recover in a Florida motorcycle crash depends on factors like the severity of your injuries and the extent of damages you suffered. In most cases, you can access compensatory damages to restore your financial position before the accident. These have two categories, economic and non-economic damages.
Economic damages cover tangible losses, like medical expenses, lost wages, and property damage. Intangible losses are addressed by non-economic damages, which are also more difficult to prove due to their subjective nature. However, our attorneys can help you cover pain and suffering, loss of consortium, mental anguish, and more.
Depending on the details of your case, you may access additional damages. Experienced motorcycle accident lawyers will help prove the full extent of your losses and fight for your access to maximum compensation.
Florida Statute of Limitations for Motorcycle Accidents
Florida’s statute of limitations for filing a personal injury lawsuit related to a motorcycle crash is generally two years. If you fail to file within this time frame, you may lose your right to pursue legal action and recover compensation. However, depending on the circumstances of your case, you might have less time, or you may benefit from extensions.
Factors that impact the statute of limitations include:
- The defendant has left the state
- The plaintiff is a minor
- The plaintiff is incapacitated due to catastrophic injuries
- The defendant is a government entity
To ensure that you file within the statute of limitations, contact SKG immediately after the accident. After reviewing your case, we can determine the deadline for your situation and if you qualify for any extensions.
Motorcycle Insurance and Personal Injury Protection (PIP)
The mandatory coverage for a motorcycle differs from that required for a private passenger vehicle in Florida. In fact, there is currently no need for insurance coverage for a rider to register or operate the motorcycle.
This framework creates a problem for the motorcyclist involved in a collision. In these cases, medical bills are usually paid by the injured party’s health insurance if the claimant is lucky enough to have such coverage. If not, a victim’s bills could remain outstanding until the conclusion of their case, at which time medical bills can be paid out of settlement proceeds.
Therefore, even if insurance is not mandatory, having one offers a valuable safety net in case of a crash. Your policy can help you cover accident-related damages and limit your financial liability.
PIP Benefits
Motorcycles are not covered under PIP benefits. Therefore, even if you own a vehicle with PIP, you cannot claim these benefits if you are involved in a motorcycle accident. However, medical payments (MedPay) coverage, which differs from PIP, is available to motorcyclists.
We recommend that all motorcyclists purchase medical payment coverage. This coverage will pay reasonable and necessary medical bills incurred up to the policy limit of coverage.
Look Twice, Save a Life
You may have seen these motorcycle safety awareness stickers on the bumpers of passing cars: “Look Twice, Save A Life.” Indeed, the slim profile of a motorcycle can impact its visibility and the driver’s ability to see it coming. Unfortunately, the same freedoms that come with riding a motorcycle, like the wind on your face and the sunshine on your back, also mean an increased risk of injury.
Florida Statute 316.211 requires any person operating a motorcycle to wear protective headgear, an eye-protective device. However, persons over 21 may ride a motorcycle without protective headgear if their insurance policy provides at least $10,000 in medical benefits.
The statute also requires motorcycles registered to persons under 21 to display a unique license plate design. These safety precautions aim to diminish the risks motorcyclists are exposed to and nurture safe conditions for all road users.
Call Our Florida Motorcycle Accident Lawyers Today
If you or a loved one is injured in a motorcycle accident, you need aggressive legal representation to fight for fair compensation. At SKG, our Florida motorcycle accident lawyers have extensive experience representing victims.
We understand the unique obstacles riders may face in recovering from their injuries and getting full compensation for their losses. Call us today to schedule a free initial consultation.