Florida is a famous destination for riders because it offers them miles of picturesque winding rural roads and coastlines. However, Florida is also among the deadliest states for motorcyclists in the United States, considering the number of motorcycle accidents that occur in Florida.
The aftermath of a motorcycle accident can be stressful and difficult, especially if you face insurance companies alone. At Florida Lawyers 360, our Tampa motorcycle accident lawyers have the experience and the resources to pursue your motorcycle accident claim to its finality.
Our attorneys can help if you or someone you love suffered a motorcycle accident injury in Florida. We have a good track record in recovering compensation for motorbike crash victims. Turn to the Tampa personal injury lawyers at Florida Lawyers 360 at (954) 448-7355 and request a free case review.
Table of Contents
How Can A Tampa Motorcycle Accident Lawyer Help With My Compensation Claim?
A committed Tampa motorcycle accident attorney at Florida Lawyers 360 can help you in many ways including:
- Start the motorcycle accident investigation process immediately
- Gather all the necessary evidence like police reports, medical reports, and eyewitness statements and evaluate them
- Determine the at-fault party for the motorcycle accident
- File a civil motorcycle accident claim
- Assess your damages and losses to calculate the value of your claim
- Handle all correspondence/communications with the insurance companies on your behalf
- Negotiate a fair and reasonable settlement with the insurance carriers
- Advocate for you in court if the case proceeds to trial
What Are The Common Causes Of Motorcycle Accidents?
Many motorcycle crashes on Florida roadways are both avoidable and preventable. Some of the most common causes of motorcycle accidents include:
Distractions while driving can make a driver fail to notice motorcyclists in their vicinity, which may end up in a crash.
Failure To Pay Attention To Motorcycles
When drivers are not keen enough, especially when making a quick turn at an intersection, they might fail to notice motorcycles since they are generally smaller than most automobiles. Some drivers may also fail to notice motorcycles when they turn at intersections.
Drunk Driving Or Drugged Driving
A driver operating a vehicle while under the influence of drugs or alcohol will have impaired judgment and will most likely cause an accident with a motorcycle.
Faulty Mirrors, Brakes, Or Lighting
Faulty components from the motorcycle and mechanical problems is another common cause of motorcycle crashes.
Unexpected Pedestrians In The Road
Sometimes, pedestrians may dash across the road unexpectedly. A motorcycle accident can happen when a motorcyclist runs into an unexpected pedestrian on the road.
What Are Florida’s Motorcycle-Specific Laws?
Florida has the following state-specific laws for motorcycle operators:
- Motorcycle Endorsement – For a rider to be allowed to operate a motorcycle, they must be issued with a motorcycle endorsement by the Department of Motor Vehicles in Florida. Riders who already have a valid driver’s license will be issued a motorcycle endorsement and those without only qualify for a motorcycle-only license. Three-wheel motorcyclists are required to complete the S/TEP-Sidecar/Trike Evaluation Program.
- Helmet Law – Florida motorcycle laws do not require riders who are 21 years and above and carry a $10,000 insurance policy to put on a helmet.
- Headlights – In Florida, Statute 316.405 requires all riders to use daytime headlights.
- Eye Protection – All motorcycle operators in Florida must wear eye protection while riding, according to FL Statute 316.405.
- Handlebar Height – In Florida, the rider’s shoulders must be above the motorcycle’s handlebar height when the motorcyclist is seated.
- Passengers – Motorcycle laws in Florida allow riders to carry a single passenger on their motorbike.
- Lane Splitting – Motorcyclists in Florida are not allowed to use the same lane as other motorists while overtaking. They are also prohibited from operating a motorbike between lanes or rows of vehicles.
- Turn Signals/Mirrors – Motorbikes in Florida are required to be equipped with working turn signals and at least one rearview mirror.
- Insurance Requirements – Motorcycle operators in Florida are required to carry a $30,000 single-limit liability and total bodily injury of $20,000/per-person bodily injury of $10,000.
How is Fault Determined in a Tampa Motorcycle Accident?
Determining and proving liability is not always easy. In Tampa, Florida, the at-fault party in a motorbike crash is determined by:
- Florida’s No-fault Rule – Florida’s no-fault policy does NOT apply to motorcycle riders. This can leave motorcyclists vulnerable because they have no option but to fight for compensation on their own without no-fault reimbursement for initial medical costs.
- Pure Comparative Negligence – Under Florida law, riders can collect damages in a motorcycle accident injury claim even if they were 99% at fault.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Following a motorcycle accident in Florida, you may be eligible for various types of damages which seek to compensate economic and non-economic losses and grossly negligent actions. After a Tampa motorbike crash, you may qualify to recover:
Economic damages seek to recover all the financial losses you incurred due to the motorcycle accident. They are:
- Past and future medical expenses like visits to the ER, surgeries, ambulance rides, extended hospital stays, medications, rehabilitation, therapy, etc.
- Past and future lost income if your injuries keep you sidelined from work for a long time.
- Property damage
These damages seek to compensate you for the physical, mental, and emotional pain and anguish you have endured since the motorcycle accident.
Motorcycle accident victims are also awarded punitive damages to punish the at-fault party and discourage him/her from participating in the same negligent actions in the future.
Why Was My Motorcycle Accident Claim Denied?
Insurers have two objectives, to settle your claim as fast and pay as little compensation as possible. They will employ different tactics and excuses to try and underpay your claim. Common reasons for denying claims include:
- The policy was canceled or lapsed – In some instances, a motorcycle accident claim may be denied if it has run past the statute of limitations.
- The motorcyclist was not insured under the policy – Another reason your claim might have been denied is if the driver was not covered under the policy.
- They believe the accident was your fault – Your motorcycle accident claim can be denied if there are sufficient reasons to believe that you were at fault for the crash.
- They don’t believe you were really hurt – Sometimes, victims may try to fake injuries to acquire compensation illegally. Your claim can be denied if they don’t believe that your injuries are legitimate.
- They don’t think the motorcycle accident is what caused your injuries – Another reason for denial of a motorcycle accident claim is that the insurance carrier may not believe your injuries are associated with the accident.
How Much Time Do You Have To File A Motorcycle Accident Claim In Florida?
In Florida, motorcycle accident victims who wish to take legal action against the at-fault party have four years from the day of the crash to file a motorcycle accident claim. No court in Florida will listen to your case once this timeline expires unless it is a special exception.
If you have been the victim of a motorbike crash that resulted in you or a loved one getting injured, you may be able to recover damages by filing a motorcycle accident claim. Our highly experienced car accident attorneys at Florida Lawyers 360 can help with the negotiation and litigation processes. We will fight hard for you because we believe that motorcyclists who sustain injuries through someone else’s fault deserve compensation.
Florida Lawyers 360 can help you rebuild your life after a motorbike crash. For more information about motorcycle accident claims in Florida, call (954) 448-7355 to speak to our Tampa motorcycle accident lawyers.