Motorcyclists ride on the highways with no protection besides a helmet and operate at the speed of traffic. It is no wonder motorcycle crashes often cause significant injuries to the biker.
Contact a local personal injury attorney immediately if you were injured in a motorcycle crash. The law only gives you a short time to file a claim and you weaken your bargaining power if you delay.
A Tavares motorcycle accident lawyer could timely file your claim and negotiate with the responsible parties. You could receive compensation for your out-of-pocket expenses, reduced future earning capacity, future accident-related medical needs, pain, suffering, and other losses resulting from the crash.
Florida motorcycle riders are not covered through the state’s no-fault system and a rider’s PIP usually will not pay for motorcycle accident injuries. Florida Statutes § 324.021 requires motorcyclists to secure proof of financial responsibility or insurance covering $10,000 for bodily injury to one person, $20,000 for bodily injury to multiple people, and $10,000 for property damage.
Florida Statutes § 316.211 requires motorcycle operators and passengers to wear helmets if they are under 21. Adults are not required to wear a helmet, but if they choose not to wear one, they must carry at least $10,000 in insurance covering medical costs if they suffer injuries in a motorcycle accident.
Injuries from a motorbike crash are often severe and the limited insurance coverage available is likely insufficient to pay an injured rider’s medical costs. However, because the no-fault system is not applicable, there are no legal hurdles to jump through before taking a negligent party to court. A Tavares attorney could file a motorcycle injury claim for damages against the negligent parties whose conduct contributed to the accident.
When a Tavares attorney begins working with a motorcycle accident survivor, they investigate the crash to find evidence of negligence. A party is negligent if they failed to use reasonable caution to prevent an injury to someone else. If a mechanical problem contributed to the wreck, the manufacturer might be responsible. If poor road conditions or unclear signage or markings contributed to the accident, a local government might have been negligent via premises liability.
When a motorcycle and another vehicle collide, the other motorist is often negligent. Negligent actions by a driver that could cause a motorcycle accident include:
In addition, motorists often focus on other cars and trucks so intently they do not notice a motorcycle. “Blindness” to unexpected road users is also a form of negligence.
A motorcyclist’s negligence sometimes contributes to an accident. In many cases, a rider with partial responsibility for the crash can collect the percentage of their damages attributable to other parties. However, the law may prevent them from collecting damages if they were the one primarily responsible for the incident.
Insurance companies for potentially responsible parties often approach an injured motorcyclist with settlement offers soon after an accident, sometimes even before they leave the hospital. The offer is usually far less than the claim’s value, but someone feeling the financial strain of an unexpected injury might be tempted to accept it.
When an injured person has a Tavares attorney representing them, insurance companies must deal directly with the legal professional. They are more likely to negotiate in good faith and settle the claim for a sum that reflects reasonable compensation for the motorcyclist’s losses.
Injured people also must adhere to legal time limits for bringing claims. Anyone who suffered an injury in an accident prior to March 24, 2023, has four years to bring a lawsuit seeking damages. However, because of a change in the law, someone injured on or after that date must file a lawsuit within two years.
You deserve compensation if another party’s negligent conduct causes you to suffer an injury. However, the claims process is complicated and insurance companies never pay more than they must. Managing a claim without legal advice means you will probably leave money on the table.
The Umansky Law Firm Criminal Defense & Injury Attorneys