Every year, hundreds of motorcyclists are hit by cars and trucks and the statistics in Florida are staggering—in 2020 there were 516 fatalities. Florida's warm weather is perfect for taking to the highways, but its frequent rain and a four-month hurricane season can prove to be hazardous. The combination of appealing roads and dangerous weather is one reason for the number of motorcycle fatalities. The other, as it is in most places, is a combination of poor, on-the-road motorcycle practices combined with an “alleged” disregard for bikers on the part of motorists. Whatever the reasons, if you seek compensation for an accident, you’ll need a good motorcycle accident attorney on your side who understands the legal ropes.
Accidents are most likely to occur when the motorcycle or other passenger vehicle is speeding, driving distracted, driving aggressively, or driving under the influence of alcohol. On average, motorcyclists are 27 times more likely to die than people in a passenger car in a crash. They are also five times as likely to suffer serious injury. In fairness, one of the major causes of accidents has nothing to do with all of the above. It is that the small size of the motorcycle, in many instances, makes it hard or virtually impossible for even the most attentive drivers to see.
A Catch 22 results from rules (in this case motorcycle rules) or procedures that apply to cyclists—they don’t have control over them, but to fight the rule is to accept the rule. Here are the two biggest 22s for Florida motorcyclists:
No Helmet Clauses. Because it is often hard to prove how or why accidents happen, it is just as difficult to pursue compensation. In Florida, a rider may choose not to wear a helmet when operating a motorcycle if they are over 21. They must also be covered by an insurance policy providing at least $10,000 in medical benefits for injuries incurred should a crash occur.
Insurance. You may be surprised to discover that Florida is the only state in the country that doesn't require motorcycle riders to have insurance. While it isn't mandatory, smart riders should consider purchasing a policy to protect themselves in the event of an accident.
If you have been injured in a motorcycle accident you can sue the allegedly responsible party personally. In some cases, filing a claim against the at-fault driver is your only option when it comes to compensation. To do so, you are required to provide evidence proving the person was negligent and thus responsible to compensate you for your losses.
To win your motorcycle accident case you’ll need to prove three things:
Motorcycle accident suits are no legal “walk in the park.” They are difficult because unless there is clear evidence, it is hard to prove that the other person was at fault. Because laws in Florida are of a no-fault nature, you are seeking compensation from another driver on potentially flimsy “he said, she said” grounds. Unless you have eye-witnesses to the event or other clear evidence, it is essentially your word against theirs.
If you believe you have a case, attorneys at the Injury Assistance Law Firm are happy to meet with you to evaluate your case. Their assessments are always honest and based on legal realities.
823 N Thornton Ave
Orlando, FL 32803
20 3rd Street S.W.
Winter Haven, Fl 33880
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