Pembroke Pines Motorcycle Accident Lawyer
Pembroke Pines, like most of Florida, is a beautiful place to ride a motorcycle. Unfortunately, Florida also has the highest fatality rate for motorcycle accidents in the U.S. (Orlando Sentinel, March 31, 2018). If you or someone you know was in a motorcycle accident, it may be advisable to contact a skilled personal injury attorney. A Pembroke Pines motorcycle accident lawyer can help you understand the rights and duties that come after such an accident.
What is Different About Motorcyclists?
Motorcycle riders generally have the same rights and obligations as the driver of any other vehicle in ] Florida. 316.208, Fla. Stat. (2017). However, there are significant differences in the law regarding insurance obligations and the right to sue for negligence.
Some explanation for this difference is found in the definition of “motor vehicle” under Florida law, which is limited to vehicles with “four or more wheels,” thus excluding motorcycles. 627.732 (3), Fla. Stat. (2017). Motorcycles are therefore exempt from the personal injury protection suit limitations found at 627.7407, Fla. Stat. (2017).
This means that an injured rider can sue another party for negligence without first looking to their own insurance policy. A Pembroke Pines motorcycle attorney can explain an injured party’s right to compensation under Florida law.
Comparative Negligence and Motorcycles
There are several factors that may impact the right of recovery after a motorcycle accident in Florida. In Florida, an injured party’s right to recover is limited by the amount of their own fault in causing the accident. This is known as “pure comparative negligence.” 768.81, Fla. Stat. (2011). For example, if the claimant’s damages total $2,000,000, and they are 25 percent responsible for the accident, their recovery may be limited to $1,500,000.
So what factors will be considered? A non-inclusive list would include:
- Whether they were wearing a helmet – Florida employs a modified helmet law, requiring anyone under 21 to wear a helmet, but not those 21 and older so long as they purchase medical insurance, 316.211, Fla. Stat. (2017)
- Whether the accident involved “lane-splitting”
- If the motorcyclist’s headlights on – Florida requires that headlights be on all times of day for motorcyclists
There are several other considerations in determining the allocation of fault for a motorcycle accident, and a Pembroke Pines motorcycle accident lawyer can help determine what they include. In addition to the above, an attorney may be able to help an injured claimant ensure that their suit is filed within the required period. Florida generally requires a suit for negligence to be filed within four years, 95.11, Fla. Stat. (2017)
Contacting a Dedicated Pembroke Motorcycle Accident Attorney
Motorcycle accidents are scary and dangerous, and lives are often lost or forever altered by such accidents. There are unique considerations for recovery in these cases, and therefore, it is recommended that you consult with a Pembroke Pines motorcycle accident lawyer to protect your rights. An attorney can work with you to see that you are awarded the compensation that you deserve for your damages.