The thrill and freedom that motorcycles offer is unmatched. The open air and freedom they offer is hard to beat. Motorcycles do not come without risks, despite their allure. In a collision, motorcycles are less safe than cars. Even minor accidents can result in serious injury.
Protecting yourself legally and physically requires that you understand the unique dangers faced by motorcyclists and how the law may assist them in an accident.
Motorcyclists are vulnerable
Motorcycles are lighter and smaller than other vehicles. They are therefore harder to see and more likely to be overlooked by distracted or inattentive drivers. Motorcycle riders are also exposed. There are no airbags, seat belts or steel frames to cushion the impact in a crash.
A variety of factors can cause motorcycle accidents.
- Drivers making a right turn cannot see the motorcycle
- Blind spots that are not checked can cause sudden lane shifts.
- Both parties are guilty of reckless driving or speeding
- Road hazards include potholes, wet pavement or gravel.
- Low visibility at night or in bad weather
Many riders still suffer from road rash, spinal cord injury or broken bones despite wearing protective gear. Medical bills are expensive and recovering may require time away from work or permanent disability.
The Legal Aspect Of Motorcycle Accidents
When a car accident occurs, the legal process is as important as the physical recovery. The purpose of personal injury law is to protect victims and hold accident perpetrators accountable.
In Florida, establishing liability is the first step. In Florida, proving negligence is often required. They may have texted, failed to yield or been drunk. A victim’s compensation may include:
- Medical costs (including future treatment)
- Potential earnings or lost wages
- Pain and suffering
- Property Damage
- Emotional distress
Comparative Negligence in Florida
Understanding Florida’s modified comparative negligence system is essential. If you’re partially at fault, but your percentage does not exceed 50%, you can still recover damages.
A court can assign both partial blame, for example if a motorcyclist did not wear a helmet and suffered a head trauma in a crash caused by a speeding driver. The compensation amount is reduced by the percentage of the rider.
It is difficult to navigate the system, especially when both parties claim that they are at fault. Evidence is key.
What motorcycle accident victims should do
It is vital to act quickly after a motorcycle accident. You will be protecting your health as well as your legal rights.
- You should still seek medical attention, even if you feel fine. It can take a while for some injuries to show symptoms.
- Report the accident immediately. A police report is a valuable evidence.
- Take photos of the scene, your injuries and any witnesses. Contact witnesses.
- Avoid Acknowledging Failure Be careful with your words when you are on the scene or talking to adjusters.
- Keep all records Medical bills, repair invoices, and missed workdays can all be used to build your case.
Final Thoughts
All road users, including motorcycle riders, have the right to safety and justice. Motorcycle riders also have higher legal stakes due to their more severe injuries. Knowing how to respond, what documents to keep and Florida’s liability system after a car crash can make all the difference.
Prepare yourself and be aware to protect yourself.
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.
