Who Is at Fault in a Florida Motorcycle Accident?
Fault in a Florida motorcycle accident will rest with the party whose negligent actions led to the crash. Often, this is a car or truck driver, but it could be another motorcyclist, a property owner, a manufacturer, or another liable party.
A motorcycle accident lawyer with our law firm can help you investigate your collision, identify who is at fault, and prove you deserve compensation for your injuries and losses.
Who Is Responsible for Most Motorcycle Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), most multi-vehicle motorcycle accidents occurred because other drivers were unaware of the motorcyclists. Therefore, in most cases, the fault in a motorcycle accident will lie with a negligent vehicle operator.
However, motorcycle crashes can also result from negligent road maintenance (like potholes or debris in the roadway) or vehicle defects (like blown tires or faulty brakes). In addition to drivers, other responsible parties may include:
- Government or private roadway owners
- Vehicle or auto parts manufacturers
- A negligent driver’s employer
- Another motorcycle rider
- A negligent bicyclist or pedestrian
Common Causes of Motorcycle Accidents
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there were over 9,500 motorcycle accidents in the state in 2022. These crashes caused 7,928 injuries and 631 deaths.
A 2021 NHTSA report found that some of the most common causes of motorcycle accidents include:
- Left-hand turns: According to the NHTSA, 43 percent of motorcycle accidents happen when a driver makes a left-hand turn into the path of a motorcycle traveling straight down its lane. An improper turn can result from driver distraction, inexperience, failure to yield, or failure to obey traffic signs and signals.
- Speeding: The NHTSA found that 22 percent of vehicle drivers involved in fatal motorcycle collisions were speeding. In addition to driving the speed limit, motorists must also avoid tailgating motorcycles or passing motorcyclists too closely.
- Drinking and driving: Driving drunk or under the influence of drugs can lower reaction times, impair decision-making, and lead to reckless driving.
How to Seek Motorcycle Accident Compensation From an At-Fault Party
You can seek compensation from an at-fault driver with a liability insurance claim. You can also file a personal injury lawsuit to recover damages from a motorcycle accident, if necessary.
Because Florida motorcyclists are exempt from the state’s no-fault insurance system, they do not have to carry personal injury protection (PIP) insurance. They also do not have to meet an injury threshold before seeking compensation from a liable party.
In general, motorcycle accident damages may include:
- Medical costs, including ambulance transportation, emergency department treatment, hospital fees, doctor bills, prescription drugs, mobility aids, rehabilitation and physical therapy, and nursing services
- Lost earnings, including wages, employment benefits, loss of future income, and reduced earning capacity
- Pain and suffering, including severe, permanent, and disabling injuries, scarring, disfigurement, chronic pain, mental and emotional distress, and lost quality of life
- Various expenses, including motorcycle repairs or the cost of a replacement bike, assistance with household services, and accident-related travel expenses
Family members of fatally injured loved ones may qualify for wrongful death compensation. Damages may include medical bills, the cost of funeral and burial services, lost income, and loss of the deceased’s support, services, and care. Survivors may also receive awards for their mental pain and suffering.
Proving Motorcycle Accident Liability
Unfair biases against motorcycle riders and a hobby some view as “too dangerous” can lead to assumptions regarding fault for a crash. You will need to present a solid case proving that another driver caused the collision and that you deserve the money to pay for your injuries and losses.
Evidence in a motorcycle accident case may include:
- Police reports
- Medical records
- Photographs and video of the accident scene
- Surveillance, traffic camera, dash camera, or cell phone footage
- Eyewitness accounts
- Expert testimony
- Crash reconstruction reports
- Proof of your losses, including bills, invoices, receipts, and estimates of future expenses
How Long Do You Have to Pursue a Motorcycle Accident Case in Florida?
You should contact insurance companies immediately after an accident. Letting your insurance provider and the at-fault party’s insurer know about the crash and forthcoming personal injury claims right away will keep you from missing policy deadlines.
In addition, acting quickly will give you the longest widow possible to negotiate a settlement before you must take legal action. If you must go to court to get full and fair awards, Florida Statutes § 95.11 allows two years to file a personal injury or wrongful death lawsuit.
The court will likely throw out your case if the statute of limitations expires, even if you can prove another party was at fault for the motorcycle accident.
Should You Contact a Motorcycle Accident Attorney?
Insurance companies exist to make a profit, and they improve their bottom line by keeping settlements low. When seeking compensation, having a personal injury attorney on your side can give you a legal advocate and let insurers know you will not accept less than you deserve.
In addition, a motorcycle accident lawyer with our firm will handle case details so you can focus on recovering from your injuries and getting your life back on track. Our team can:
- Investigate the crash
- Identify liable parties
- Build your case with evidence
- Draft and file insurance claims
- Pursue all of your economic and noneconomic damages
- Negotiate for the maximum settlement possible
- Defend you from bad-faith insurance tactics or pressure to accept a hasty, lowball settlement
- File a lawsuit and represent you during a civil court trial if necessary
Reach Out to Meldon Law About Your Motorcycle Accident Claim
The motorcycle accident lawyers at Meldon Law know how to prove fault for a collision. Our firm has fought for injured clients since 1971. We can put these decades of experience to work for you and your family.
Helping injury victims isn’t just our job; it’s our calling. Contact us today to learn more about how our personal injury lawyer can serve and support motorcycle accident victims through every step of your case. Fill out our online contact form or call 24/7 for a free consultation.
