Many people enjoy the wind in their hair and the freedom of the open road that comes with riding a motorcycle. Unfortunately, this mode of transportation also comes with a high risk of injury. According to the National Highway Traffic Safety Administration, more than 5,500 people were killed in motorcycle accidents in 2020 alone.
Some of the most common causes of these accidents include the following:
- Head-on collisions. Head-on collisions are one of the most common—and deadliest—types of motorcycle accidents. These accidents often occur when a motorist fails to see an oncoming motorcycle and turns into its path or when the rider drifts into the lane of oncoming traffic. To avoid being involved in a head-on collision, be sure to ride defensively and always assume that other drivers don’t see you.
- Right-of-way violations. Motorcycles have the same rights—and responsibilities—as other vehicles on the roadways. However, many drivers fail to yield to motorcycles when they should, resulting in serious accidents.
- Road hazards. Poorly maintained roads are one of the leading causes of motorcycle accidents. To avoid being injured in a road hazard accident, be sure to pay close attention to your surroundings and avoid riding in areas where the roads are in poor condition.
- Lane splitting. It is illegal in Florida to ride between two lanes—essentially using the lane markings as guidance rather than adhering to them strictly. Lane splitting is dangerous because it increases the risk of being struck by another vehicle.
How Florida’s Pure Comparative Negligence Rule Affects Motorcycle Accidents
In Florida, pure comparative negligence is used to determine how liability should be determined in a motorcycle accident where both parties were at fault. Each party is assigned a percentage of fault, and damages are awarded accordingly.
For example, you were involved in a motorcycle accident in which you were deemed 30% at fault, and the other driver was 70% at fault. The total damages in the accident are $10,000. Under the pure comparative negligence rule, you would be entitled to recover $7,000 (70% of the total damages) from the other driver.
It’s important to note that even if you are found to be 99% at fault for an accident, damages are still recoverable.
How Liability is Determined in a Motorcycle Accident
Liability in a motorcycle accident is determined by looking at what caused the accident to occur.
To determine who is at fault for an accident, investigators will look at police reports, eyewitness testimony, physical evidence, and sometimes even security camera footage. Once liability has been determined, insurance companies will begin working on settling a claim.
Why GOLDLAW is The Right Choice for Your Florida Motorcycle Accident Claim
You may be wondering if you need to hire a personal injury lawyer after your accident. Let us help you answer that question. Here’s why you should hire GOLDLAW:
We Care About Our Clients
We understand that dealing with the aftermath of an accident can be overwhelming and stressful. That is why we take care of everything for our clients so they can focus on their recovery. We will handle all of the paperwork, communicate with the insurance companies, and keep you updated on the status of your case every step of the way. You should not have to worry about anything except getting better.
You Are Our Top Priority
We understand that your case is important to you, and we will treat it with the urgency it deserves. We will work tirelessly to get you the best possible outcome.
If you or someone you know has been injured in an accident, don’t hesitate to contact GOLDLAW to schedule a free consultation.