Are Motorcycle Accident Cases Subject to Any Special Laws or Regulations?
There are certain special laws and regulations that may be relevant to motorcycle accident cases. For instance, motorcyclists have a legal right to an entire lane. If a motorist violated this law (which is specific to riders), your attorney may cite the statute as evidence of the motorist’s negligence.
Florida motorcycle accident lawyers know the laws and rules well. Rather than trying to conduct research and apply these motorcycle accident laws to your case, you can rely on a legal team to build your insurance claim and personal injury lawsuit from start to finish.
Laws and Regulations That May Be Relevant to Your Motorcycle Accident Case
Some of the motorcycle-specific traffic laws and regulations that may be important to your case in Florida include:
Florida’s Statute That Entitles Motorcyclists to a Full Lane
Florida Statutes § 316.209 states that “All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.” This motorcycle law formally prohibits other motorists from:
- Intentionally merging into a lane occupied by a rider
- Unintentionally veering into a rider’s lane (perhaps because of distracted driving, drunk driving, or fatigue)
- Engaging in any other act that restricts a motorcycle rider’s free use of their lane
Motorcycle injury claims often revolve around the question of fault. This statute establishes that if a motorist enters a motorcyclist’s lane and causes an accident, the motorist is at fault for the collision.
Motorcycle Riders Don’t Necessarily Need Insurance
Motorcycle owners in Florida do not technically have to purchase a personal injury protection insurance policy, but they must otherwise prove that they can pay for the cost of any accident they cause. Your insurance status could dictate:
- Whether you are able to file a personal injury claim with your own insurer (which is a common step to take after an accident in Florida, a no-fault state)
- Whether you need to sue the liable parties for the cost of your fort lauderdale motorcycle crash attorney
The insurance status of every party is important when a driver collides with a rider. Therefore, Florida’s insurance laws for motorcyclists could be relevant to your case.
Helmet Laws Could Become Relevant to Your Case
Helmet laws are one of the legal aspects of motorcycle accidents that personal injury attorneys are familiar with. Florida enhanced their helmet laws in 2023. Florida Statute § 316.211 requires that motorcycle riders under 21 must wear regulator-approved “protective headgear securely fastened upon his or her head.” Motorcyclists 21 and over with at least $10,000 insurance coverage can ride without helmets.
Such laws are relevant because:
- If you were wearing a helmet, you were in compliance with the law and can seek total compensation from the party that caused your accident
- If you were not wearing a helmet, you may be deemed partly liable for damages, and liable parties may attempt to diminish your recoverable damages
Even if you were not wearing a helmet (and violated helmet laws for florida motorcycle accidents lawyer in the process), you should receive fair compensation for accident-related damages.
Let Your Motorcycle Accident Lawyer Worry About Laws, Regulations, and Your Case
Florida laws can be complicated in general, and motorcycle-specific laws may make your case even more complex. Personal injury attorneys know motorcycle accident regulations because they frequently represent injured riders—they must know these regulations.
Your personal injury attorney can:
- Determine who owes you compensation for your traffic accident: Your Fort Lauderdale legal expert in personal injury will determine who is financially responsible for your accident-related damages.
- Cite all relevant laws and regulations as they establish liability: Your lawyer will cite any motorbike crash laws, regulations, or other sources of information that help prove your case. Their legal training and familiarity with motorcycle accident claims like yours will prove helpful during this step of your case.
- Secure all available evidence of negligence: Your attorney will seek witness accounts and any other evidence of the liable parties’ negligence. Such evidence may help them prove the motorcycle accident liability for your case.
- Calculate your damages: They will assign an exact dollar figure to your motorcycle accident, and this figure will account for both your current and future damages.
- Document your damages: Your legal team will obtain any available proof of your damages, including medical records, bills, and income statements.
- Secure a fair settlement or go to trial: Your attorney’s ultimate goal is securing all of the money you are entitled to receive. Most cases settle with the insurance companies, but you and your attorney should be prepared to go to trial.
Recoverable Damages in Your Motorcycle Accident Case
Some of the common damages motorcycle accident victims may claim include:
- Medical bills
- Healthcare costs
- Pain and suffering
- Mental health treatment costs
- Lost income
- Diminished earning power
- Temporary transportation costs
- Motorcycle repairs
- Replacement of all damaged property, including a totaled bike
You may have suffered these damages and others. Your team will identify the full cost of your accident and demand that the liable parties compensate you fairly for your financial losses.
Call the Law Offices of Wolf & Pravato Today for Your Free Consultation
Contact the Law Offices of Wolf & Pravato for your free consultation. Our firm provides honest, full-service representation that you can trust. Allow a motorcycle accident attorney from our firm to fight for the financial recovery you deserve, and not a dollar less. Call (954) 633-8270 today.
