Motorcycles provide a freedom and thrill that is hard to beat. They offer open air, less restrictions, and a feeling of freedom. Motorcycles are not without their risks, despite all of their appeal. Motorcycles are less protected than cars in a collision, so even minor accidents could result in serious injuries.
Understanding the unique dangers that motorcyclists face, and how the law can assist them in the event of an accident is a vital part of protecting yourself both legally and physically.
The vulnerability of motorcyclists
Motorcycles are smaller and lighter in weight than other vehicles. This makes them more difficult to see, and therefore more likely to get overlooked by drivers who are distracted or inattentive. Motorcyclists also become exposed. No airbags or seatbelts to cushion the impact of a crash, no steel frame.
Motorcycle accidents are caused by a variety of factors.
- The motorcycle is not visible to drivers making a left turn
- Unchecked blind spots can cause sudden lane changes.
- Both parties can be guilty of speeding or reckless driving
- Potholes, gravel or wet pavement are all road hazards.
- Low visibility during bad weather or night
Even with protective gear and a helmet, many riders suffer from broken bones, spinal cord damage or road rash. Medical bills can be expensive, and recovery may require time off work or even permanent disability.
The Legal Aspect of Motorcycle Accidents
The legal process is just as crucial as physical recovery when a crash happens. Personal injury law was created to protect victims, and hold those responsible for accidents accountable.
In Florida, the first step is to establish liability. In Florida, this often means proving that the other party was negligent. Maybe they texted while driving, didn’t yield or were drunk. After fault has been determined, a victim may be entitled compensation for:
- Medical costs (including future care).
- Earning potential or lost wages
- Pain and suffering
- Property Damage
- Emotional distress
Comparative Negligence in Florida
Florida’s modified comparative fault system is important to understand. You can recover damages even though you are partially at fault — , as long as your percentage is not greater than 50%.
A court may assign both partial fault, for example, if the motorcyclist was not wearing a helmet when he suffered a head injury from a crash that was caused by a driver speeding. The amount of compensation is then reduced by the percentage assigned to the rider.
The system is complicated, especially when both sides claim that the other party was at fault. It is important to gather strong evidence.
What Motorcycle Accident Victims should Do
If you have been in a motorcycle crash, it is important to take the appropriate steps as soon as possible. This will protect both your health and your legal rights.
- Seek medical attention Even if you are feeling fine, have your health checked. Some injuries can take time for symptoms to appear.
- Report the Accident Always. A police report can be a valuable piece of evidence.
- Document everything – Take pictures of the scene and your injuries. Contact witnesses.
- Avoid Acknowledging Fault Be cautious with your words on the scene, or when talking to adjusters.
- Keep All Records Medical bills, repair invoices and missed workdays all help build your case.
Final Thoughts
Motorcycle riders have the same right to safety and justice that everyone else on the road. The legal stakes for motorcycle riders are also higher because of their more serious injuries. After a car accident, knowing how to react, what documentation to keep, and the Florida liability system can make a big difference.
You can protect yourself by being prepared and aware.
This post was written by a professional at Jeanette Secor, PA Attorney At Law.
For over 20 years, the law office of Jeanette Secor, PA in St. Petersburg, FL, has been the go-to choice for those seeking justice after an injury. Renowned as car accident lawyer st pete, Jeanette Secor has a proven track record of successfully representing clients in car accidents, motorcycle accidents, and slip-and-fall incidents.
