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Motorcycle accidents are a significant concern in Florida, which consistently ranks among the states with the highest number of motorcycle crashes and fatalities. Due to Florida's warm climate and scenic roads, motorcycling is popular year-round, but this also leads to a higher risk of accidents. Motorcycle accident law in Florida focuses on determining liability in a crash, ensuring injured parties are compensated for their losses, and establishing who is responsible for damages. Laws address not only compensation for injuries but also regulations related to helmets, insurance, and the conduct of all motorists on the road.
Navigating the aftermath of a motorcycle accident can be complex and stressful. A lawyer can provide crucial assistance in several scenarios, such as:
Florida’s motorcycle laws have several unique aspects that impact accident claims:
Fault is generally established by examining traffic laws, police reports, witness statements, physical evidence, and sometimes expert testimony. The party whose negligence or violation of the law caused the accident is typically considered at fault.
Yes, under Florida's modified comparative negligence rule, you can recover damages if you are 50 percent or less at fault. However, your compensation is reduced by your percentage of fault.
Riders over 21 years old may ride without a helmet as long as they carry at least $10,000 in medical insurance coverage. All riders under 21 must wear a helmet.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and in severe cases, loss of consortium or wrongful death damages.
While Florida does not require Personal Injury Protection coverage for motorcycles, motorcyclists are responsible for injuries and damages they cause. Liability and other types of coverage are highly recommended.
Seek medical attention even if you feel uninjured, call law enforcement, document the scene, collect contact and insurance information from all involved parties, gather witness information if possible, and contact your insurance provider promptly.
In most cases, you have two years from the date of the accident to file a personal injury or wrongful death lawsuit in Florida.
Yes, but recovery can be more difficult. If you carry uninsured motorist coverage, you may be able to file a claim with your own insurer.
Collect photographs of the scene, vehicles, injuries, police reports, medical records, repair estimates, and names and contact details of witnesses.
It can still be beneficial to consult a lawyer to ensure your rights are protected, especially since injuries may become more apparent over time, and insurance companies may attempt to minimize payouts.
For more information and assistance, consider the following organizations and resources:
If you or a loved one has been involved in a motorcycle accident in Florida, you should:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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