Miami Motorcycle Accident Lawyer

Frequently Asked Questions About Florida Motorcycle Accidents

Motorcycle accidents and personal injury claims are typically much more complicated than most expect. This complexity leaves many injured victims with lingering questions and concerns about how to secure their right to fair compensation.

Understanding your legal rights and options is crucial for navigating the aftermath of an accident. The answers to these common questions can offer clarity and help you make informed decisions.

In Florida, how much time do I have to file a motorcycle accident claim?

The Florida statute of limitations for injury and accident claims was recently updated in 2023 as part of broader tort reform measures. Under this reform, those harmed in a motorcycle accident have two years from the date of the accident/injury to file a personal injury claim.

If the accident resulted in the wrongful death of the motorcyclist, the two-year period begins on the date of death. Filing within this time frame is essential to preserve the rights of those harmed in a motorcycle crash to seek compensation. Delaying legal action can weaken your case, as evidence may degrade and witnesses may become unavailable.

Consulting an experienced injury attorney promptly can help ensure your claim is filed on time and handled efficiently.

What happens if I am partially responsible for a motorcycle accident in Florida?

The state of Florida follows a modified comparative negligence rule. Essentially, this means your compensation will be reduced by your percentage of fault. For instance, if you are 20% at fault, your damages are decreased by 20%.

However, if you are over 50% responsible, you cannot recover damages. Factors such as witness testimony, police reports and accident reconstruction can play a significant role in determining liability percentages.

It is critical to present a strong case that helps minimize your assigned fault. A seasoned motorcycle accident lawyer can help by gathering strong evidence, challenging fault determinations and protecting your compensation eligibility. Legal guidance is particularly important in complex accidents where multiple parties may share liability.

Understanding how fault may impact your claim can guide you in taking the right steps to secure your legal rights.

How Does Insurance Work In A Motorcycle Accident?

Florida motorcycle owners are not required to carry personal injury protection (PIP) insurance, the no-fault safety net. PIP insurance only applies to four-wheeled vehicles, so you cannot seek medical benefits under your own auto insurance policy for a motorcycle accident.

In a crash, your compensation would come from one or more of the following:

• Your own health insurance, unless it excludes motorcycle accidents
• Your own motorcycle accident insurance, if you have it
• The other driver’s bodily injury liability coverage, if they have it
• Your own uninsured motorist coverage, if the other driver is not insured and you have this coverage

Can I Still Recover Injury Damages If I Was Not Wearing A Helmet?

Florida does not require motorcycle helmets if you are 21 or older. Thus, failure to wear a helmet cannot be used against you in a personal injury lawsuit as evidence of your negligence or to reduce your compensation. However, if you choose not to wear a helmet, you must show proof of medical coverage ($10,000 minimum) plus proof of insurance or financial responsibility for the injury you may cause to others.

We Know How Bad The Injuries Can Be

Even with a helmet, motorcyclists suffer massive injuries in a collision with a car or truck, or when they are forced to leave the roadway. Common injuries include spinal cord trauma and paralysis, brain injury, facial injury, broken bones, lacerations and road rash abrasions. It is not uncommon for lifetime medical care and lost income from a bad accident to exceed $1 million.

Our compassionate lawyers and staff will work every angle to hold the other party accountable and secure compensation for the lasting impact of the injuries or a loved one’s death. We work closely with the family to document the treatment, the challenges and the ongoing needs, and to make sure compensation reflects the pain and suffering and any permanent effects.