Motor Cycle Accidents in Florida

Florida is famous as a destination for motorcycle enthusiasts. From the sands of Daytona Beach to the long stretches of interstate 75 that traverse the Big Cypress Swamp, the Sunshine State offers breathtaking riding experiences. 

While riding a motorcycle can be a thrill, a motorcycle rider is extremely vulnerable to injury when his vehicle is involved in a collision. In 2017, Florida had 504 motorcycle related fatalities, the second highest of any state.  According to the  National Highway Traffic Safety Administration (NHTSA),  per vehicle miles traveled, motorcyclists are  28 times more likely than people in passenger cars to die in a traffic crash.

A strange discrepancy in Florida law is the fact that Motorcyclists are not afforded general PIP Coverage and Benefits which insurers must provide automobile drivers.

Due to that fact, it is essential that you have adequate elected coverage to protect yourself in case of a motorcycle accident. Insurance companies offer different choices as to medical coverage for a motorcycle rider, and they are often very confusing. I offer a free consultation to review your policy and determine  your policy and coverages.

Florida Does Not Have a Mandatory Helmet Law

Studies on motorcycle accident fatalities done by the NHTSA show that helmets are 37% effective in preventing death.

In spite of the safety enhancement afforded by helmets,  the Florida legislature repealed the mandatory helmet law of 2000.

Florida Statutes section 316.211 provides that a motor cycle rider or driver may ride without a helmet provided he maintains an insurance policy that provides at least $10,000 of medical benefits for injuries sustained in a motor cycle accident.  

Suing for Accident-Related Injuries

A plaintiff injured in a motor cycle accident has the burden to show by the greater weight of the evidence that the defendant was at fault in order to recover for his injuries. 

Most motor vehicle accident cases are grounded in the negligence theory of liability.   In order to prove his case, the negligence plaintiff must prove that:

A.   The defendant driver owed him a duty of care.

B.    The defendant driver breached this duty of care.

C.    The defendant driver’s breach caused the plaintiff to suffer injury.

D.   The plaintiff’s injuries resulted in compensable damages.  

 Comparative Negligence

 Florida law provides for the apportionment of damages between the defendant and plaintiff in a personal injury case based on the fault of each party.  This means that if you sue another driver for your injuries and the court finds that you played some role in causing the accident, the court is required to determine the percentage of fault of each party.   The court is also required to reduce the damages you recover from the defendant by the percentage of your fault.

If you are involved in a motorcycle accident in Florida, your rights as an injured party are immediately at stake. Do not speak with any insurance company until you have had an opportunity to speak with an attorney. Remember, our law firm offers extensive legal advice concerning your accident and your options.

Florida Car Accident Law

Motor vehicle accidents are one of the most common causes of serious injuries as well as fatalities in Florida. According to The Florida Department of Motor Vehicles, there were 402, 385 crashes on the state’s roads in 2017. These crashes caused 254,310 injuries and 3,116 fatalities. As Florida’s population continues to grow, the number of crashes each year has risen. Motor vehicle accident deaths exceed firearm fatalities in the sunshine state.

Recovering for Your Injuries

For those injured in a Florida automobile accident there are several ways of recovering damages. Florida’s personal injury protection scheme requires each driver’s insurer to provide a personal injury protection policy to pay up to $10,000 for personal injuries caused by other drivers. An injured party must claim against this policy first as a source of payment for treatment of his injuries and lost wages. He may collect from the at-fault driver’s insurance company for damage sustained by his vehicle in the accident. Many cautious consumers have also purchased uninsured motorist coverage from their own insurer, which pays for their property damage when the at-fault motorist lacks insurance.

In a personal injury lawsuit, a successful plaintiff may collect economic damages as well as non-economic damages. Economic damages include costs of medical treatment of his injuries, lost wages, loss of future income, and property damage. Non-economic damages include pain and suffering, loss of enjoyment of life, and, loss of consortium for the injured party’s spouse. If the accident was the result of egregious or intentional behavior of the at-fault party, the court may also award the plaintiff punitive damages.

Limitation on Damages for Motor Vehicle Accidents

The seriously injured party’s biggest potential source of recovery, however, is to sue the at-fault party for negligence. In Florida, however, an injured motorists right to sue are quite limited. In exchange for the personal injury protection policy guarantee of payment for medical claims, Florida law allows injured drivers and passengers to sue for only the most serious personal injuries. The permanency requirement of F.S. section 627.737 provides that a driver may sue to recover damages sustained in a car accident (both economic and non-economic) only if the plaintiff has suffered death or serious bodily injury (such as significant scarring and permanent physical impairment).

Proving Your Case

A plaintiff injured in a car accident has the burden to show by the greater weight of the evidence that the defendant was negligent in order to recover for his injuries.

Most motor vehicle accident cases are grounded in the negligence theory of liability. In order to prove his case, the negligence plaintiff must show that:

A. The defendant driver owed him a duty of care.

B. The defendant driver breached this duty of care.

C. The defendant driver’s breach caused the plaintiff to suffer injury.

D. The plaintiff’s injuries resulted in compensable damages (in Florida, this means a significant injury or death).

Comparative Negligence

Florida law provides for the apportionment of damages between the defendant and plaintiff in a personal injury case based on the fault of each party. This means that if you sue another driver for your injuries and the court finds that you played some role in causing those injuries, the court will reduce the damages you recover from the defendant by the percentage of fault that is attributed to you.

As you can see, getting compensation for Florida motor vehicle accident injuries can be challenging. For this reason it is important that you consult with an experienced personal injury attorney if you have been injured in a car accident.

Contact John Clarke today at (954) 556-8952 if you have been injured in an accident for a free consultation!