Florida is a no-fault state where all car owners must have personal injury protection (PIP) insurance to cover many of the immediate costs of the accident. Motorcycle owners are not required to have this beneficial coverage, meaning they must pursue additional avenues of compensation. This is only one of the ways laws are different for Florida motorcycle v. car accident cases.
If you or someone you love was injured or a loved one was fatally injured in a motorcycle crash, a Florida motorcycle accident lawyer can navigate the legal landscape for you. They will listen to your version of events and build a strong case for financial recovery. You can also get a no-cost, no-obligation review of your injury claim to explore your compensation options.
Differences Between Motorcycle and Car Accident Insurance Claims and Lawsuits
When two motor vehicles collide, the occupants in each have the protection of airbags, seatbelts, and other safety features that could minimize the severity of any injuries sustained in the crash.
Motorcyclists do not have these same protective features, meaning they could sustain significantly more serious injuries. Suffering severe injuries can impact your personal injury claim in the following ways:
- Medical bills can be far more extensive
- Assessing future damages is more complex
To recover known and anticipated medical, rehab, and therapy bills, your Florida personal injury attorney must prove another party’s negligence caused your accident. Without proof of negligence, the at-fault driver will not owe you financial compensation.
Commonly Reported Motorcycle Accident Injuries in Florida
Motorcycle riders and passengers can sustain significant injuries in a collision, such as:
- Road rash, leading to skin conditions ranging from minor to severe enough to warrant costly skin grafts
- Broken bones, requiring short- or long-term recuperation, rehabilitation, and therapy
- Head and neck injuries, causing an increased risk of immobility and other forms of physical impairment
- Back and spine injuries, leading to severe disabilities, including potential paralysis in varying degrees
A personal injury lawyer can help you document your injuries and track their immediate and ongoing costs. They can also help you obtain a written prognosis for future medical care to ensure the liable party’s insurance company does not undervalue or underpay your compensation request.
How the Legal Elements of Negligence Affect Your Motorcycle Accident Claim
Florida Statutes § 316.211 requires motorcycle riders of all ages to wear a properly fitted helmet. If a rider is over age 21 and has a minimum of $10,000 in insurance protection, they can opt not to wear a protective helmet.
According to the state’s change in comparative negligence laws in 2024, if you were not helmeted at the time of the accident, you could be deemed partially liable for any head injuries you sustain. This, in turn, could result in a decrease in the types and amount of damages you can recover.
The Importance of Proving Negligence in Florida Motorcycle Accident Claims
While comparative negligence can affect your motorcycle accident case, you must prove negligence caused the accident before reaching that point. Proving negligence means proving its legal elements, including:
- Duty of care
- Breach of duty
- Causation
- Damages
Your Florida car accident lawyer can prove these elements with a solid collection of evidence. Let your attorney do all the hard work for you while you focus on recovering.
Evidence Can Prove You Complied With Florida Motorcycle Accident Laws
Collecting evidence after a negligence-based accident can be time-consuming. A strong evidence collection will play multiple important roles in your personal injury or wrongful death insurance claim or lawsuit. It can:
- Prove the accident’s cause: Police report, medical records, accident reconstruction, photos, videos, and lay and expert witness statements
- Prove the accident’s costs: Employment and salary history records, bike repair or replacement estimates, and medical, rehab, and therapy bills
Evidence can also apportion fault if there are multiple negligent parties. For example, in a motorcycle accident claim, the other driver could claim you were lane-splitting or engaging in another dangerous behavior when they hit you.
Car and Motorcycle Accident Victims Can Recover Similar Types of Damages
Florida car accident laws allow victims of negligence-based accidents to recover a range of compensatory damages from the at-fault party. The economic damages you can seek include:
- Current and future medical bills
- Rehabilitation and therapy bills
- Current and future income loss
- Loss of the future ability to earn
- Property damage or total loss
- Diminished property value
You can also seek compensation for the following non-economic damages:
- Disabling and disfiguring injuries
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
If your family lost a loved one in an accident, a Florida wrongful death lawyer could also help you seek these wrongful death damages:
- Funeral and burial expenses
- Loss of financial contributions
- Loss of household support
- Loss of consortium and society
- Loss of companionship and care
Florida Statutes § 768.81 describes these damages and your right to recover them. In addition, it describes the comparative negligence laws and the possible limitations they could place on your right to financial compensation.
Car and Motorcycle Accidents in Florida Have the Same Filing Deadlines
The personal injury and wrongful death statutes of limitations are generally two years, according to Florida Statutes § 95.11. If the filing deadline expires, the court could dismiss your lawsuit.
The insurance company could also refuse to negotiate a settlement, leaving you with no legal recourse. If a personal injury lawyer represents you, they can help you file your lawsuit on time and with the appropriate court.
Call (954) 633-8270 to Learn More About Motorcycle Accident Laws Florida
If you were injured in a recent motorcycle accident, you could be entitled to compensation. You do not have to prepare your injury claim or navigate its complexities alone.
Learn more about how laws are different for Florida motorcycle vs car accident cases and how we can help you build a strong case for financial recovery. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
