Have You Been In A Motorcycle Accident In Florida?
While Florida has fairly mild weather all year round, late spring and early summer are the moments when one sees the most motorcycles on the roads. The weather is arguably at its finest in these months, and while this can make for a wonderful ride, this can also lead to an increase in accidents. If you have been involved in a motorcycle accident while out riding in Florida, and you believe that it was due to the negligence of another person, you have the right to seek compensation for the injuries you have suffered. However, the process is somewhat more complex than it is for automobile accidents. An experienced attorney can be of great help.
Statistical Trends Show Vulnerability
Preliminary 2021 data from the Florida Department of Highway Safety & Motor Vehicles (FLHSMV) shows that there have been approximately 4,100 motorcycle crashes as of June 24, with 282 fatalities. This is a higher rate than almost any other state, and it is easy for the average person to interpret this as motorcyclists being disproportionately dangerous or reckless drivers. Motorcyclists who are involved in fatal crashes are more likely to be intoxicated than any other driver, and a higher percentage of injuries than average indicate to some that motorcyclists take more chances than auto drivers.
In reality, data from the Florida Department of Transportation’s Crash Reporting System shows that motorcyclists are at fault less than half the time; it is far more likely for auto drivers to be distracted or simply fail to see motorcyclists in traffic. One of the most common types of motorcycle accidents is when a vehicle turns left into a motorcycle, having simply failed to see them or failing to check the right of way at all. If you have been in an accident with a car, your fault will be assessed along with the driver’s, but only the person deemed at greater fault will be held liable.
If you have been injured in a motorcycle accident in Florida, and you believe that it was due to another person’s negligence, you have the right to seek compensation for what you have been through. However, it is important to keep in mind that unlike in accidents involving two cars, motorcyclists are not subject to Florida’s no-fault insurance laws. Florida only mandates this kind of insurance coverage for vehicles with four wheels. Motorcyclists must carry their own insurance, but the trade-off is that if appropriate, a motorcyclist can generally file suit against the (allegedly) negligent driver in court, instead of having to go through insurers.
Some injured motorcyclists may decide not to file suit, thinking that their own perceived fault might eliminate any recovery, or that their medical bills can be covered by other means. In reality, medical bills are notorious for exceeding estimates, and under Florida’s law, any fault on the part of the plaintiff does not bar recovery. In many other states, if a plaintiff is deemed to be more than 50 percent at fault for the accident, they are prevented from recovering any kind of monetary damages. Florida law, however, merely states that any recovery will be reduced by the plaintiff’s percentage of fault – so, even if a plaintiff is ruled, say, 60 percent at fault, they can still (at least in theory) recover for 40 percent of their costs.
Call A Tampa Motorcycle Accident Attorney
Florida is generally seen as a wonderful place to ride a motorcycle – but unfortunately, drivers and riders are not always as careful as they might be. If you have been in a motorcycle accident in Florida, you should focus on recovery first – but a dedicated Tampa motorcycle accident attorney from the Rinaldo Law Group can help you seek compensation for what you have been through. We are ready and willing to try and assist you with your case. Contact our offices today at (813) 831-9999 for a free consultation.