What to Do After a Motorcycle Accident in Florida
The decision to get on a motorcycle might range from a long-standing interest to convenient transportation. Regardless of the reason, an accident is never a desired outcome for any motorcycle owner. When faced with the aftermath of a motorcycle accident, knowing the right steps to take is crucial. Whether you are a seasoned rider, or a newcomer to the world of motorcycles, being prepared for the aftermath of an accident is paramount.
In this comprehensive guide, we outline the crucial steps to take after a motorcycle accident in Florida, with a particular focus on the importance of seeking guidance from a trusted Florida motorcycle attorney.
Requirements for Motorcycles in Florida
Florida Statute 316.211 details the necessary equipment to operate a motorcycle. This includes headgear, protective eyewear, and specifications for the legal age requirements and insurance requirements for operating a motorcycle in Florida. The law states that an individual under the age of 16 is not permitted to operate, nor ride a motorcycle, without wearing the proper headgear properly fastened in compliance with the Federal Motor Vehicle Safety Standard enforced by the Department of Transportation.
Motorcyclists in Florida need to comply with various requirements to ensure safety on the roads. Here are the key requirements for motorcycles in Florida:
1. Motorcycle Endorsement or License:
To legally operate a motorcycle in Florida, individuals must obtain a motorcycle endorsement or a Motorcycle Only license. This can be added to an existing Class E (standard) driver's license or obtained as a standalone Motorcycle Only license.
2. Motorcycle Safety Course:
Completing the Basic Rider Course (BRC) offered by the Florida Rider Training Program (FRTP) is mandatory for obtaining a motorcycle endorsement for riders under 18 years old. It is also highly recommended for all new riders to enhance their skills and knowledge.
3. Helmet Requirements:
Florida law requires all motorcycle riders under the age of 21 to wear helmets. For riders 21 and older, helmets are optional if they have at least $10,000 in medical insurance coverage.
4. Eye Protection:
While helmets are optional for riders 21 and older, eye protection is required by law for all riders. This can include helmets with built-in face shields, goggles, or other forms of protective eyewear.
5. Motorcycle Equipment:
Motorcycles must be equipped with certain safety features, including working headlights, taillights, brake lights, and turn signals. Mirrors are also required on both sides of the motorcycle.
6. Insurance Requirements:
While Florida law does not require motorcycle insurance, riders must have proof of financial responsibility. Florida’s Financial Responsibility Law requires proof of ability to pay monetary damages for bodily injury (“BI”) and property damage (“PD”) liability arising out of a motor vehicle accident or serious traffic violation. The owner or operator of a motor vehicle, including a motorcycle, is not required to show proof of BI coverage at the time of vehicle registration. Instead, proof of such coverage is only required after an accident.
7. License Plate:
Motorcycles must display a valid license plate. Florida law requires the plate to be securely attached and displayed horizontally.
8. Handlebar Height Restrictions:
As of July 1, 2021, Florida law allows motorcycle handlebars to be no higher than the height of the operator's shoulders when seated on the motorcycle.
9. Riding in a Lane:
Motorcycles are entitled to the full use of a lane, and it is illegal for other vehicles to deprive them of the full use of the lane.
Understanding and adhering to these requirements is essential for motorcyclists in Florida to ensure their safety and compliance with the law. Additionally, staying informed about any updates or changes to regulations is crucial for responsible motorcycle ownership and operation.
Motorcycle Accident Compensation
Motorcyclists are entitled to financial compensation in the event of an unfortunate accident. The resulting total damages are usually determined by the losses suffered by the victim in the motorcycle crash. Most motorcycle accident victim cases are generally and specifically awarded for permanent bodily injuries. Victims can also pursue damages for losses including medical bills incurred resulting from the accident, pain and suffering, property damage, and past and future lost wages
Important Facts about Seeking Financial Compensation for a Florida Motorcycle Accident
If you have experienced a motorcycle accident in Florida, seeking financial compensation is a crucial step towards recovery and securing your future. So, understanding the specific factors related to compensation in the aftermath of a motorcycle accident is essential.
Comparative Negligence Rule
Florida has switched from a Pure Comparative negligence system to a modified comparative negligence tort system. This means that if you are partially at fault for the accident, you could still seek compensation, however if you are found to be more than 50 percent at fault for the accident, then you are barred from any recovery under the modified comparative negligence system. If you are less than 50 percent at fault for the accident, then your total compensation would ultimately be reduced by your percentage of fault.
Time Limits for Filing a Lawsuit
There are specific time limits, known as statutes of limitations, for filing a personal injury lawsuit in Florida. Generally, you have two years from the date of the accident to file a lawsuit. Failing to meet this statutory deadline, will result in the loss of your right to seek any compensation for your losses.
Navigating the process of seeking financial compensation after a motorcycle accident in Florida can be complex. Understanding the nuances of the state's legal system, insurance regulations, and strict time constraints are crucial. If you have been involved in a motorcycle accident, consulting with an experienced personal injury attorney can help ensure you make informed decisions and pursue the compensation you rightfully deserve.
What To Do After Your Accident?
Prioritize Your Safety
Your safety and the safety of others involved in the accident should be the top priority. Move to a safe location and, if possible, turn on hazard lights to alert other motorists, and immediately contact law enforcement to report the accident.
A police report is a crucial document for initially documenting insurance claims and for pursuing future legal action. The following steps are crucial in properly documenting your claim: Cooperate fully with law enforcement during their initial investigation; Refrain from any recorded statements with your insurance company without your lawyer present; take photos of the property damage at the scene of the accident; document and note any witness contact information. Fault determination is crucial in the viability of your claim, and following these steps are essential in helping to protect your legal interests.
Seek Medical Attention
Even if injuries seem minor, seek immediate medical attention. Motorcycle accidents can result in hidden injuries that may worsen over time. Prompt medical care ensures your well-being and establishes a documented record of injuries for future legal proceedings.
Contact Your Insurance Company
Notify your insurance company about the accident as soon as possible. Provide them with accurate and detailed information about the incident. Keep documented records of all accident-related documents, such as medical bills, repair estimates, and communications with insurance companies. These records will be crucial when proving your case.
Get Legal Help
If you sustained bodily injuries due to the negligence of another party, your motorcycle attorney can guide you through the process of filing a personal injury claim to seek adequate compensation for medical expenses, lost wages, and pain and suffering.
Your motorcycle attorney will help you navigate the legal process, from negotiating with insurance companies to representing your legal interests in court, if needed. They understand the unique challenges of motorcycle accident cases in Florida. Refrain from providing recorded statements to insurance adjusters without consulting your attorney. Insurance companies may use statements against you in the claims process.
Here are compelling reasons to seek the assistance of a motorcycle accident attorney:
Understanding of Motorcycle Laws
Motorcycle laws can vary by state, and having an attorney familiar with the specific laws in your jurisdiction is essential. They can walk you through the intricacies of motorcycle regulations, ensuring your case adheres to the relevant legal standards.
Experience in Personal Injury Cases
Motorcycle accidents often result in personal injuries, and attorneys specializing in personal injury cases have the expertise needed to handle these complex claims. They understand the nuances of proving fault, demonstrating negligence, and securing fair compensation for bodily injuries.
Attorneys have the resources and experience to conduct a comprehensive investigation into the specific circumstances surrounding the accident. This may include collecting evidence, interviewing witnesses, and reconstructing the scene to build a strong case. Legal processes involve extensive paperwork and adherence to strict deadlines. An attorney can manage the paperwork, ensuring that all necessary documents are filed correctly and submitted within the required statutory timeframes.
Protection of Your Rights
A motorcycle accident attorney serves as your advocate, protecting your rights throughout the legal process. They ensure that you are treated fairly by insurance companies and that your interests are represented in negotiations or court proceedings.
Evaluation of Damages
Determining the full extent of damages after a motorcycle accident involves assessing not only immediate medical expenses and property damage, but also potential long-term costs, such as ongoing medical treatments, rehabilitation, and lost earning capacity. Dealing with insurance companies can be challenging, and their primary goal is often to minimize payouts.
A skilled motorcycle accident attorney can handle negotiations on your behalf, maximizing the likelihood of obtaining fair compensation. Insurance companies may use tactics to minimize payouts or shift blame onto the injured party. Attorneys who are experienced in dealing with insurance companies are well-equipped to counter these tactics and protect your interests.
Representation in Court
If negotiations with insurance companies do not result in a fair settlement, legal representation becomes crucial in pursuing your case in court. An attorney can present a compelling case before a judge and jury, advocating for your rights.
Contingency Fee Arrangement
Many motorcycle accident attorneys work on a contingency fee basis, meaning they only receive payment if they successfully secure compensation for you. This arrangement makes legal representation accessible to individuals, without any out of pocket costs.
Emotional Support and Guidance
Dealing with the aftermath of a motorcycle accident can be emotionally challenging. A compassionate attorney not only provides legal guidance, but also offers support and reassurance throughout the process. With proper legal representation, you can focus on your recovery without the added stress of navigating complex legal procedures. Your attorney handles the legal aspects, allowing you to prioritize your health and well-being.
In the aftermath of a motorcycle accident in Florida, taking decisive and informed actions is crucial. Seeking the assistance of a skilled Motorcycle Attorney can make a significant difference in ensuring your rights are protected, and you receive fair compensation for the damages you have incurred. Ride safely, but if the unexpected happens, know that there is skilled professional support available to guide you through the process.
If you have been injured in a motorcycle accident, you may have a claim against the driver of the other vehicles involved, and any other negligent party involved in the collision.
Call or Text theDaniel Sagiv Law Group at 561-569-1387.
