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Is It Hard To Win A Motorcycle Accident Case In Florida?


Motorcycle accidents in Florida can lead to severe and even life-threatening injuries. However, unlike an accident involving two motor vehicles, it can sometimes be difficult to prevail in court on a motorcycle accident case. Between a lack of evidence and unfair, ingrained prejudices, as well as confusing insurance requirements in Florida, it is sadly not unheard of that motorcyclists may have trouble getting the monetary compensation they deserve. An experienced attorney can help you clarify how best to move forward.

Motorcyclists Are In More Danger On The Road

Motorcycle accidents are less common than car crashes, but cause a disproportionate amount of traffic fatalities (motorcyclists are approximately 29 times more likely than car occupants to die in a crash). This is primarily because motorcyclists have less protection between them and the road – the driver and passengers in an automobile have layers of glass and metal protecting them, to say nothing of seatbelts, but motorcyclists usually have nothing but a helmet and a layer of leather (if that – Floridians over age 21 are not required to wear a helmet, though many do).

While sometimes, motorcyclists are injured due to their own recklessness, it is quite common that accidents of this type occur because auto drivers fail to notice motorcyclists on the road, or try to speed past a motorcyclist without giving them time or space. The most common reasons for such crashes include distracted driving, failure to follow traffic lights or signs, and driving under the influence – all factors that can be attributable to the (alleged) negligence of the automobile driver. However, filing suit against a driver and trying to obtain monetary compensation may be easier said than done.

Obstacles To Recovering Your Damages

If a person is involved in a motorcycle accident in Florida, sometimes they may choose to not even file a lawsuit against the one who caused their injuries, or if they do file suit, they can make mistakes. One of the things that prevents many from filing suit for their damages is the mistaken belief that they have to instead file a claim through their personal injury protection (PIP) insurer. Florida is a no-fault insurance state for purposes of auto insurance, which means that every driver of a “motor vehicle” must carry a certain amount of PIP coverage and property damage liability (PDL) coverage. However, “motor vehicle” as defined in the relevant statute refers to four-wheeled vehicles only. Thus, a motorcyclist can file a standard negligence suit in court.

If an injured motorcyclist does decide to file suit, they have a chance of prevailing in their case – but two factors may make a significant difference. First, it is unfortunately still true that in Florida, prejudices against motorcyclists remain, with people viewing bikers as dangerous or reckless in their own right. Having such people on a jury can cause significant issues. Second, because many motorcycle accidents hinge on a car driver not seeing the motorcyclist, it can be difficult to obtain evidence that shows the driver’s negligence, though an experienced attorney can help with accident reconstruction and other avenues that can put a case on a firmer footing.

Call A Tampa Motorcycle Accident Attorney

While motorcycle accident cases can be somewhat more complex and involve more little details than the standard car crash case, they are still very winnable, particularly if you have the right attorney on your side. The Tampa motorcycle accident lawyers at Rinaldo Law Group can offer dedicated and knowledgeable representation when you need it most. Contact our offices today for a free consultation.



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