Accidents involving motorcycles are extremely dangerous as they result in severe injuries and even death. Injuries from these events appear to be more serious and as a consequence, the compensation required needs to be higher too. Different legal issues concerning fault and negligence, for example, could also occur, including whether or not the injured person was wearing protective gear.
The best way to protect your rights after a motorcycle accident in Florida is to get help from our experienced motorcycle accident attorneys at BC Law FL.
Motorcycle Accident Liability
Proving liability for a motorcycle accident relies on whether the negligent acts of the other party were the cause of the crash. There must be proof that indicates that had the other driver not been present in the lane, the accident would not have occurred. To prove liability, the following factors need to be considered:
- Duty: The driver at fault was required to ensure the safety of those on the road.
- Breach of duty: The driver breached the duty to protect others on the road.
- Causation: The victim’s accident was directly triggered by the irresponsible/negligent conduct of the at-fault driver.
- Damages: The victim sustained damage due to the accident, either in the form of injuries, property damage, or death.
After a motorcycle accident, it is important to gather as much information as possible. By doing this you can help our team to demonstrate these negligence elements, showing that the driver at fault was responsible for the accident.
Motorcycle Accident Injuries
Compared to car drivers, when a motorcycle accident happens, motorcyclists are at a significantly higher risk of experiencing serious injury or death. Motorcycles lack a passenger vehicle’s standard protections and leave riders unprotected. Some of the most common injuries that have been seen by our motorcycle accident attorneys include:
- Breakage of bones
- TBI – Traumatic brain injury
- Spinal cord injury
- Damage on face
- Internal injuries
- Road rash
- Loss of limbs
The physical, emotional, and financial impact these accidents may have on victims and their families is known to our motorcycle accident lawyers. That is why our practice has been committed to protecting the interests of the victims.
By standing up to big insurance firms to ensure that you obtain fair compensation to help you put your life back together we are committed to advocating for motorcycle accident victims.
Compensation in a Motorcycle Accident Claim
In general, liability for injuries caused in a motorcycle accident falls into two categories: economic and non-economic damage. Economic damages are intended to compensate a survivor of an accident for the costs and economic losses they suffer as a consequence of their injuries. Usually, economic damage includes:
- Healthcare/Medical costs – Hospital stays, surgery, doctor appointments, physical/occupational/speech therapy, prescription drugs, and reliable medical devices such as braces, crutches, or wheelchairs and more can be medical expenses.
- Lost income – Lost earnings compensation will include earnings you lose when you miss work due to injuries.
Non-economic damages are meant to compensate a person as a result of their injury for the physical and emotional or mental trauma they experience. Non-economic damages cannot be easily measured by comparing bills or invoices, unlike economic damages. Examples of non-economic harm include for example:
- Pain and suffering – This involves the physical and mental trauma caused by injuries, as well as the emotional distress caused if your injuries prohibit you from performing everyday tasks or engaging in activities you used to enjoy.
- Loss of companionship – hese compensate for the loss of your companionship, society, and resources lost as a result of your injuries to your spouse and family.
ou may also be entitled to seek compensation for the property damage you suffered in your motorcycle accident, including the cost of fixing or replacing your motorcycle and any other damaged property in the accident, such as your clothes or helmet.
A wrongful death case can be filed if a loved one was killed in a motorcycle accident. It is meant to compensate the estate of the deceased victim and his families for their damages.
Florida Motorcycle Helmet Laws
In Florida, an approved motorcycle helmet must be worn by any motorcycle operator or passenger under the age of 21. Also, protective eyewear must be worn by all motorcyclists. As long as they carry at least $10,000 in life insurance premiums, people over the age of 21 do not need to wear a helmet. If this minimum insurance plan is not available to you, you must wear a motorcycle helmet when riding.
In any case, while riding a motorcycle, we always suggest wearing an approved motorcycle helmet, as this is one of the best ways to avoid severe or even fatal head and brain injury in the event of an accident.
Motorcycle Insurance Requirements in Florida
As stated earlier, any motorcyclist who is over the age of 21 and chooses to ride without a motorcycle helmet must have medical insurance coverage of at least $10,000. Except when they choose to ride without a helmet, this is optional protection for motorcyclists, which covers any injury they may experience in an accident.
- $10,000 per person in bodily injury coverage
- $20,000 per accident in bodily injury coverage
- $10,000 in property damage liability
Remember that Florida motorcyclists cannot buy insurance for personal injury protection (PIP); that’s where the $10,000 of coverage for medical insurance services comes in.
Deadline for Filing an Accident Lawsuit in Florida
In Florida, victims of motorcycle accident accidents have four years to file a case after the crash. Both personal injury and any property damage will be protected by this action. However, it is important to remember that if a motorcycle rider dies due to the injuries they sustained in an accident, within two years of the day they died, a representative of their estate can file a wrongful death claim.
HOW A MOTORCYCLE INJURY ATTORNEY CAN HELP
Extreme injuries and permanent disabilities often result from motorcycle accidents. The process of making a claim may seem daunting after a motorcycle accident, and the prospect of battling for your recovery might be more than you want to cope with.
Through gathering accidents and police reports, talking to witnesses on your behalf, checking your medical history, acting as a liaison for insurance companies, and researching the full details of your accident, our personal injury lawyers at BC Law FL will assist you.