The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports over 620,000 motorcycles registered statewide. With that many motorcycles on the road, crashes can happen anytime, anywhere, including Lehigh Acres. Unfortunately, current laws do not require riders to wear a helmet or purchase a motorcycle insurance policy. As a result, serious injuries and unique liability issues often arise.
If you or someone you love suffered injuries in a motorcycle collision, you may have the right to pursue compensation from a negligent motorcyclist. A Lehigh Acres motorcycle rider negligence accident lawyer from the Law Offices of Anidjar & Levine can tell you more about the law and fight for your rights.
Motorcyclists Have Equal Rights and Duties
Per Florida Statute § 316.208, motorcyclists and drivers of other motor vehicles share the same rights and duties. The law expects riders to comply with rules on the operation of their vehicles. Apart from abiding by Florida Driver’s Handbook guidelines, motorcyclists must follow additional rules. These include turning on their headlights while on the public streets even during the day, wearing approved eye-protective devices, and having at least one stop lamp.
Motorcycle laws aim to minimize the risk of injury to riders and keep the roads safe for everyone else. Unfortunately, not every motorcycle driver obeys the rules, increasing the chances of a devastating crash.
Liability in Motorcycle Accidents
Like other motor vehicle accidents, the concept of negligence governs liability in most motorcycle collisions. Generally, negligence occurs when a person causes another to suffer an injury due to thoughtless or careless behavior. Motorcyclists and other motorists must use reasonable care when operating their vehicles on the road. When riders breach this duty and hurt others, they may be liable for the victims’ injuries and other losses.
While negligence on the part of a car or truck driver can easily cause a motorcyclist to lose control and crash, there are times when the rider is at fault. For instance, an intoxicated biker may have suddenly swerved in front of you and forced you to crash into the motorcycle.
When these things happen, you might want to consult a Lehigh Acres motorcycle rider negligence accident lawyer’s assistance as soon as possible. Proving negligence is vital when establishing liability and claiming compensation. Your attorney will get started examining the facts of your case right away.
You May Have the Right to Collect Damages from a Negligent Rider
When a motorcyclist has violated the law, this may constitute fault and allow you to recover compensation. Some common examples of a rider’s negligent conduct that may have led to your Lehigh Acres accident include:
- Driving under the influence
- Lane splitting
- Overtaking and passing in the same lane the vehicle being overtaken occupies
- Running a red light
- Racing on a highway
Also, riders must wear the mandatory gear, have the required motorcycle equipment, operate a street-legal motorcycle, and abide by traffic rules that apply to all drivers. It is worth mentioning that Florida Statutes § 316.211 allows motorcyclists over 21 years of age to forego wearing a helmet if they have $10,000 in insurance coverage for injuries. Failure to wear a helmet could also reduce the value of a claim resulting from a head injury.
You can hold those who cause injury to others because of negligence accountable for their actions. The sooner you speak with a Lehigh Acres motorcycle rider negligence accident lawyer from our firm, the sooner you can understand more about your potential claim and go forward in building your case.
Know More About the Compensation You May Receive
Following a crash with a motorcycle, you could secure both economic and non-economic damages. If you have a car insurance policy, your Personal Injury Protection (PIP) may cover some of your losses, such as medical costs and loss of income. Other compensation you could receive includes:
- Lost future wages
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Future medical bills
Take note that non-economic damages for car accidents in Florida do not have a cap. Talk to a Lehigh Acres motorcycle rider negligence accident lawyer from our firm to learn more about pursuing legal action against a negligent motorcyclist and other damage awards you are entitled to collect.
How a Personal Injury Attorney Can Help
Whether you think your accident is severe enough to file a lawsuit against a negligent rider, it is best to request a case evaluation. An attorney from our firm can guide you through the complicated legal process and explain how federal and state laws might affect your case. If your PIP is not sufficient to cover your losses, your attorney will proceed to obtain the necessary medical records and investigate the motorcycle driver’s potential liability.
Additionally, your attorney can invite expert witnesses to testify about the severity of your injuries and the value of present and future medical care. Keep in mind that Florida follows the system of comparative fault per Florida Statute § 768.81, which can reduce your claim’s value if the other party shifts the blame for the accident on you.
No matter if you deal with insurance companies or bring a case to court, your lawyer will be there to represent your best interests from beginning to end.
We Are Here to Protect Your Rights If You Have Been Hurt
Once you decide to take legal action, Florida Statute § 95.11(3)(a) gives you four years after your accident to do so. Filing a case beyond this deadline could cost you the chance of obtaining your rightful compensation.
The Law Offices of Anidjar & Levine will not delay in giving you all the legal advice and assistance you need if you or your loved one suffered because of another party’s negligence. Our Lehigh Acres motorcycle rider negligence accident lawyers understand that collisions can be traumatic and frightening for victims and will be by your side as you seek justice.
Discuss your case with our team today by calling 1-800-747-3733 and setting up a free consultation. You do not pay for anything unless we recover an award for you.
We Can Help.