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What Happens If I Was Partially at Fault for a Motorcycle Accident in Florida?

Often in motorcycle crashes, each party may play some role in causing the accident. In Florida, motorcycle riders are not barred from recovery if they were partially at fault for the accident. Florida is a comparative negligence state, in which the blame or negligence for an accident is distributed among the responsible parties. In each case, the court or mediator will determine what percentage of fault the parties held, and reduce a party's recovery by this amount. For example, if damages amounted to $100K and the automobile driver was 80% at fault, while the motorcycle rider was 20% at fault, the motorcycle rider would receive $80K.

The motorcyclist’s fault often is an issue in accidents. A personal injury lawyer can thoroughly investigate your motorcycle crash case to discover the proper apportioning of the fault and work hard to protect your right to recover full and fair compensation.

Most motorcycle crashes are not single-vehicle crashes, about 42% of motorcycle accidents involve only a single vehicle, and 58% are multivehicle collisions.

Unfortunately, automobile drivers not giving motorcycles the respect they're due leads to serious injuries, and even the loss of life.

Do I Still Have a Case Even If I Wasn’t Wearing a Helmet?

Florida requires helmets only for motorcyclists who are 20 or younger. Riders who are 21 and older, and who carry motorcycle insurance, are not required by law to wear a helmet.

Whether you were wearing a helmet at the time of injury may come into play in your Florida motorcycle accident personal injury case. However, in Miami, you are not completely barred from recovery, even if the defendant successfully argues that had you been wearing a helmet, the injuries would not have been as severe.

If you were injured in an accident due to another driver’s negligence, you might recover compensation for your injuries, even if you weren’t wearing a helmet. However, in some instances, you may receive a smaller amount if you rode without a helmet and this contributed to the injuries.

If I Was Speeding Can I Still Recieve Compensation?

The fact that you were speeding does not help your motorcycle accident claim, but it does not necessarily rule out compensation for your losses. It may be up to the court to decide how much your speed contributed to the accident. Under Florida law, your recovery may be decreased in proportion to your degree of fault. To maximize your chance of a full recovery, simplify the process, and put yourself in the best position for success, you require the assistance of a knowledgeable Miami motorcycle accident attorney.

Motorcycle accident victims often suffer a serious injury, leading to piles of medical bills, prolonged time off work, and potentially lifelong effects. Sean M. Cleary, motorcycle accident attorney, will assess the circumstances of your case and pursue all damage claims to the fullest extent.

What Are the Leading Causes of Motorcycle Accidents in Florida?

Here, we explain the main causes of motorcycle accidents in Miami, Florida. Left-hand turns into motorcyclists and driver's negligence top the list. Riders are vulnerable in crashes: motorcycles are light vehicles easily pushed around by bigger vehicles in big crashes; riders are less protected from the elements, and drivers often have difficulties even perceiving approaching motorcycles on the road. A motorcycle rider should always assume that the other drivers might not see him. He or she must adjust riding accordingly after evaluating road surfaces and conditions.

  1. Left-hand turns into motorcyclists. Almost half of all accidents involving other vehicles occur when a driver makes a left-hand turn in front of riders who have the right of way. Drivers of cars and trucks frequently fail to check their mirrors, observe stop signs or stop lights, or yield the right of way. This can leave the motorcyclist with no time to react before he or she pummels into the side of the vehicle. These accidents are particularly prevalent when motorcycles try to overtake cars and at intersections. This results in the motorcyclist being hit from the side. Cars aren’t designed perfectly, and one of their most significant flaws is the blind spot. Because motorcycles are smaller than cars, they can easily disappear in a car's blind spots. Riders should be aware of this and make efforts to remain visible. While a side collision can be minor when it involves two cars, a lane change accident involving a motorcycle can be fatal. If the driver failed to use the turn signal or switched lanes recklessly, he or she could be at fault for an accident claim. Motorcyclists injured in this manner will have a strong personal injury claim based on the motor vehicle driver's negligence.
  2. Driver negligence. Negligence can take many forms including speeding, driving while texting, driving under the influence of alcohol, drugs or prescription medications, racing, and reckless driving. The leading cause of negligence involving motorcycle accidents is speeding. Because motorcycles are less visible than cars, a speeding driver may have a harder time stopping when they do see them. South Florida has a thriving tourist industry and is home to many businesses. Drivers throughout the Miami-Dade area notoriously drive distracted. Distraction can include: texting, talking on the phone, emailing, surfing the web, eating, looking for a business or restaurant, grooming, and the like. Distracted driving is dangerous to all drivers, but mainly to the less visible and less protected motorcyclists. Distracted drivers can run red lights or roll through stop signs and pull in front of a motorcycle hitting the vehicle and launching over it, or laying the bike down to avoid the crash. Either way, the rider could sustain serious injuries. Impaired driving is an important cause of collisions for all vehicles, but motorcycles are involved in an unreasonably high number of drunk-driving accidents.
  3. Mechanical problems. Mechanical problems can occur with both a motorcycle and a car. Either the vehicle that hit you or your bike may have issues, such as deflated or ill-fitting tires, faulty brakes, damaged steering systems, or a defective computer system. A poorly designed or maintained bike can spin out, struggle to stop, lead to rollover crashes, and cause injuries or fatalities. When this happens, the manufacturer or mechanic may be at fault and can be held liable if there is enough evidence.
  4. Dangerous road conditions. Motorcycles are, by their nature, less stable than cars, due to their structure. Slippery surfaces, uneven pavement, and potholes can be deadly obstacles for riders. To reduce risks, riders should avoid adverse weather, and stick to the routes you know well.
  5. Lane splitting. This is the act of riding between two occupied lanes, to avoid traffic congestion. This is very risky since drivers do not expect the rider to approach. It goes without saying that, in the Florida heat, it’s tempting to skirt through gridlock, but doing so increases the risk of crashing.

If you’ve been hurt in a Miami motorcycle accident, Sean M. Cleary is committed to helping you and can advise you about your rights to get compensation and protect your interests. Call us today to schedule a free, thorough consultation about your crash.

Insurance is essential. Without insurance coverage, there is rarely a source of money to go after to collect on an injured party’s claim. Personal injury protection (PIP) insurance is not available to motorcycle owners even if they already carry PIP for another vehicle. If the motorcyclist was not at fault, he or she may be able to seek damages from the party negligent in causing the crash. While motorcyclists are not covered by PIP insurance, they are also not bound by its restrictions. If an unidentified vehicle causes a crash, or if a hit and run vehicle causes a crash, riders may file claims under their own uninsured motorist policy for their injuries.

Insurance disparities exist between motorcycle and car or truck coverage in Florida. PIP insurance is not available for motorcyclists. Motorcycle owners can buy medical payments insurance to cover the injuries they could suffer, and they can purchase insurance to cover injuries or damage that they might cause to another while on a motorcycle. Given the fact that injuries in a motorcycle crash are likely to be more severe, the motorcycle rider is at higher risk of financial disaster following a severe accident.

An injured motorcyclist may seek compensation from the at-fault party through a personal injury lawsuit. Because motorcycles are not subject to PIP insurance restrictions, injured riders are not restricted in the damages they may seek for their injuries. For example, an injured motorcyclist who brings a claim against an at-fault party does not have to prove his or her injuries are permanent to recover damages for pain and suffering and loss of the enjoyment of life.

A large percentage of motorcycle accidents are the fault of another driver, contrary to public perception. If you are involved in a motorcycle accident, you should contact an experienced motorcycle accident attorney as soon as possible. Sean M. Cleary has a thorough understanding of the complex Miami insurance system. You may be entitled to compensation for medical bills, lost wages, pain and suffering, mental anguish, loss of enjoyment of life or wrongful death damages caused by the negligence of a motorist.

The Law Offices of Sean M. Cleary has successfully represented many victims of motorcycle crashes recovering large settlements. Reach out to us today for a free consultation. Do not wait as time can adversely affect your case. Call for a free consultation today.

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.