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 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.
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 your failure to wear a helmet contributed to the injuries.
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.
Here, we explain the main causes of motorcycle accidents in Florida. Left-hand turns into motorcyclists and driver's negligence top the list. Riders are vulnerable in crashes for many reasons: motorcycles are lighter than other vehicles and more easily pushed around in big crashes due to the differences in momentum; riders enjoy less physical protection from the elements, and car and truck drivers often have a hard time even perceiving motorcycles on the road. A motorcycle rider should always assume that the other drivers might not see him. He or she must also be aware of road surfaces and conditions and adjust riding accordingly.
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.