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Motorcycles offer a unique sense of freedom and exhilaration on Florida’s roads, but their open design also puts riders at greater risk in the event of an accident. If you have been injured in a Florida motorcycle accident, it is crucial to understand your rights and the legal complexities involved. That is where experienced motorcycle accident lawyers in Florida can be invaluable.
At The Morgan Law Group, our personal injury lawyers in Florida specialize in representing victims of motorcycle accidents. We understand the intricacies of Florida motorcycle accident laws and are here to guide you through the legal process, fighting for the compensation you deserve.
Florida Helmet Laws
Florida takes a nuanced approach to motorcycle helmet laws, aiming for safety benefits:
- Mandatory for Younger Riders – The state understands the heightened vulnerability of those under 21. All riders and passengers in this age group must wear helmets that meet specific Federal Motorcycle Vehicle Safety Standards.
- Choice for Adults – Riders over the age of 21 may legally choose to ride without a helmet. However, Florida law requires they carry an insurance policy with at least $10,000 in medical benefits. This is designed to mitigate the potential financial burden on taxpayers should an un-helmeted rider be seriously hurt.
It is crucial to remember that helmets dramatically reduce the risk of head injuries and fatalities in motorcycle accidents. Here is why:
- Direct Impact Absorption – A helmet’s hard outer shell and inner lining absorb much of the impact force in a crash, protecting the skull and brain.
- Reducing Brain Injuries – Helmets help prevent serious brain injuries, such as concussions, traumatic brain injury, and even death.
- Facial Protection – Many helmets provide face shields or visors, protecting against debris and reducing windblast.
While Florida law gives adult riders a degree of choice, the smart decision is always to wear a helmet. Your safety and well-being are too precious to risk for the sake of perceived freedom.
No-fault insurance and Motorcycles
Unlike car owners, motorcyclists in Florida are not legally required to carry motorcycle insurance. Even though it is not mandatory, adding motorcycle insurance is highly recommended. It provides a safety net for immediate expenses after a crash, regardless of who was at fault. This can be crucial when dealing with injuries and recovery.
If your injuries are severe, exceeding the limits of insurance coverage, you may still be able to sue the at-fault driver for further compensation. This is where understanding comparative negligence becomes vital.
Comparative Negligence in Motorcycle Accidents
Florida follows a “modified comparative negligence” rule, which is slightly different from pure comparative negligence. Like pure comparative negligence, your percentage of fault in a Florida motorcycle accident will reduce your potential compensation.
There is a crucial limitation in Florida. If you are found to be more than 50% at fault for the accident, you are barred from recovering any damages, even if the other party was also negligent. For instance, if your damages are $100,000, but you are found 51% responsible, you would not be able to recover any compensation.
It is essential to understand that Florida’s modified comparative negligence places a significant limit on your ability to recover compensation if your share of the fault exceeds 50%. A skilled personal injury attorney in Florida is vital in this system. They will ensure the legitimacy of your assigned percentage of fault, ensuring you do not pass that 50% threshold and lose your right to recover damages.
Motorcycle Accidents Statutes of Limitations
The standard statute of limitations for motorcycle accident injury lawsuits is 4 years from the date of the accident. This means you have 4 years to file a claim for damages such as medical bills, lost wages, and pain and suffering.
However, there are limited exceptions where the time limitations might be extended (tolled). For example, if the victim was a minor. It is vital to consult with a personal injury attorney in Florida quickly to determine if any exceptions apply to your case.
The time limitations for Florida motorcycle accidents exist for several reasons:
- Preserving Evidence – As time passes, evidence can get lost, and witness memories can fade. It is essential to act quickly for the strongest possible case.
- Fairness to Defendants – Defendants also have rights, and the time limit prevents them from facing a surprise lawsuit many years later.
- Prompt Resolution – The time limit encourages the timely resolution of legal disputes.
Missing this time limit means losing the right to sue for compensation, even if you have strong evidence of another party’s negligence. Therefore, it is best practice to contact motorcycle accident lawyers in Florida as soon as possible after the accident.
How Motorcycle Accident Lawyers in Florida Can Help
Navigating Florida motorcycle laws and the legal system after an accident can be overwhelming. Motorcycle accident lawyers in Florida are dedicated to helping you in various ways:
- Investigating the Accident – Attorneys thoroughly investigate the crash, gather evidence, and identify all liable parties.
- Assessing Your Damages – They carefully evaluate the full extent of your losses, including medical bills, lost income, future medical needs, and pain and suffering.
- Negotiating With Insurance Companies – Attorneys handle all communications and negotiations with insurance companies, ensuring you receive a fair settlement.
- Preparing for Trial – If a settlement is not reached, your personal injury attorney in Florida will build a strong case and represent you aggressively in court.
At The Morgan Law Group, we have a personal injury attorney in Florida passionate about protecting the rights of injured motorcyclists. We have a proven track record of success in securing substantial compensation for our clients involved in Florida motorcycle accidents.
If you or a loved one has been hurt in a motorcycle crash, do not hesitate to contact us for a free consultation. Let us help you understand Florida motorcycle laws and get you the justice and compensation you deserve.
