Being involved in a motorcycle accident can be devastating, as the bike rider often suffers far more serious injuries than the driver of a car. Although Florida’s highways are shared by many different vehicles, all too often a moment of distracted driving leads to serious, sometimes fatal injuries when a motorcycle is involved.
If you were involved in a motorcycle accident in the St. Petersburg area and believe that the other driver may not have been paying attention to the road or was driving recklessly, you may be able to hold them legally liable for your injuries.
A St. Petersburg motorcycle accident lawyer will be able to assist you in analyzing the circumstances surrounding your accident to determine what damages you may be entitled to recover, and will help you in every step of the process required to bring your claim. Call and schedule a consultation with an injury attorney in St. Petersburg today to begin your road to recovery.
Why Do I Need An Attorney?
Recovering for injuries as a result of a motorcycle accident in Florida can be a more complicated process than bringing a claim for a typical car accident, as insurance coverage requirements for motorcycles are very different than they are for cars.
Because motorcycle owners cannot purchase personal injury protection, known as PIP, the protection provided to car owners by Florida’s no-fault insurance laws does not protect them. As a result, motorcycle riders who are injured in an accident may find themselves struggling to pay for their medical expenses.
Often, the only recourse for the driver of a motorcycle involved in a crash is to seek to recover for their injuries from the party responsible. An experienced motorcycle attorney in St. Petersburg who understands how the law treats motorcycle riders can help you swiftly and efficiently bring your personal injury claim so that you can focus on your recovery.
Available Compensation for Motorcycle Accident Victims
Although motorcycle riders cannot take advantage of PIP coverage in the aftermath of a motorcycle accident, they are not limited by the rules and restrictions that apply to those claims, as car drivers are.
As a result, if you were injured in a motorcycle accident you do not have to pass an “injury threshold” in order to bring your claim. In addition, injured motorcycle riders may recover a wide range of possible damages.
Motorcycle riders who have been injured in an accident may recover for pain and suffering damages. Other damages available as a result of a motorcycle accidents include the medical costs associated with your injuries, as well as lost wages and lost earning capacity, if you are unable to work as a result of the crash.
When examining a personal injury claim in Florida, the court will first examine the circumstances of the accident and apportion fault among all the parties involved before awarding damages.
Because Florida is a comparative fault state, it is never assumed that one party was solely responsible for an accident – the actions of many different parties may have played a role in your accident, and the court will apportion fault among everyone involved. The assistance of a St. Petersburg motorcycle accident lawyer who will advocate for you is especially important during the determination of fault.
However, it is still possible to recover for your injuries even if a court determines you were partially at fault for your accident. If you are found to be partially at fault, your damage award will be reduced in equal proportion to your fault determination.
Florida Laws Affecting Motorcycle Accident Claims
To recover from the driver of the vehicle involved in your accident, you will need to prove that they were acting negligently, which means they failed to operate their vehicle with the due care required by law.
Many common negligent acts by drivers can lead to serious motorcycle accidents, including failing to use a turn signal, speeding, failing to yield as required by law, or driving recklessly.
If you believe the driver of the vehicle involved in your accident was acting negligently at the time your accident occurred, you will need to move quickly to collect the evidence necessary to show the judge what happened.
An experienced motorcycle accident attorney in St. Petersburg can help you identify and collect evidence such as police reports, accident scene photos, and medical records that can be central in determining fault and allowing you to collect for your injuries.
Laws Regarding Motorcycle Riders
Florida laws relating to riding a motorcycle can be found in Title XXIII, Chapter 316, Florida Statutes. Section 316.211 requires that all motorcycle drivers under the age of 21 wear a helmet that complies with federal safety standards, as well as protective eye gear, when riding a motorcycle.
The law gives drivers over the age of 21 the option of not wearing a helmet, if they purchase supplemental insurance coverage to assist with medical expenses resulting from a crash.
Although the law allows adult motorcycle drivers to make their own decisions regarding whether or not they wear a helmet when riding, one of the central questions involved in a determination of fault for a motorcycle accident claim will be whether or not the rider was wearing a helmet at the time of the crash.
The answer to this question may substantially affect the apportionment of fault. Failure to abide by any of the laws affecting drivers of motorcycles may impact your claim, and will require the assistance of an experienced attorney who can argue your side of your case.
Contact A Motorcycle Accident Lawyer Today
We understand that recovering from a motorcycle accident can be a long and painful process, and you may be struggling to pay your medical expenses, especially if you are unable to work.
Our experienced St. Petersburg motorcycle accident attorneys understand the specific legal requirements that are unique to motorcycle accident claims, and will assist you in exercising your legal rights with compassion and understanding.
An attorney will help you determine what damages you are entitled to, can assist you in the process of building your claim, and will be your advocate throughout the legal process to give you have the best chance of recovering for your injuries.