Florida is a top destination for motorcycle enthusiasts with its year-round sunshine and thousands of miles of scenic roads. Unfortunately, this means we are in the top five states for motorcycle wrecks. A bike accident differs from a car accident in several ways. Bikers are more vulnerable to injury, especially if they are not wearing a helmet, and it is more difficult for drivers to see bikers. The most important difference may be that the state’s no-fault personal injury protection (PIP) insurance does not apply to motorcycles.
If you or a loved one has been injured, contact a Port St. John motorcycle accident lawyer as quickly as possible. Our dependable personal injury attorneys have your back as you try to get your life back on track.
Some recent legal changes may impact the rights of adult bikers who get in accidents. For decades, adult riders could go without a helmet as long as they had insurance coverage for any potential injuries. That is unchanged. Riders over 21 can still opt to ride without a helmet as long as they carry an insurance policy covering at least $10,000 in protection for injuries. State law also requires bikers to wear appropriate eye protection. If a driver injures a biker who is not complying with those laws, the biker may share some responsibility for the injuries.
What has changed is how the state looks at fault. Previously, if a plaintiff could establish that a defendant was responsible for any part of an accident or injury, they could recover that percentage from the defendant. HB 837 changed Florida from a comparative fault state to a modified comparative fault state. A plaintiff has to show that the defendant has the majority of the responsibility (51% or more) for the injuries in order to recover compensation.
Even though it is legal for bikers to ride without a helmet, choosing to do so can shift the balance of responsibility to them if they sustain a head injury. This law change will likely make it more difficult for helmetless drivers to recover for their injuries. Therefore, it is critical that bikers get legal help from a Port St. John attorney as soon as possible following a motorcycle accident.
When determining fault, a court will see if the biker followed the rules. Here are some things to keep in mind before riding a motorbike in Port St. John:
Following those rules may help prove the other driver was responsible in the event of a motorcycle accident.
The aftermath of a motorcycle accident can be confusing. You may be dealing with serious injuries, and your loved ones could have to upend their life to care for you. However, you are never too busy to consult with an attorney. A Port St. John motorcycle accident lawyer could help you understand how state laws apply to your situation and explain what steps you should take to maximize your chances at financial recovery. The sooner you contact us, the more likely you are to make informed decisions, so schedule an appointment today.
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