If you hit a motorcyclist, your first priority should be the rider’s safety. According to The National Highway Traffic Safety Administration (NHTSA), around 80% of all motorcycle accidents result in death or injuries to the rider. Florida Statute §316.066 mandates that you must file a police report if the crash resulted in injuries, death, property damage, or required towing a vehicle. You will likely need to call 911.
From there, the things you say and the steps you take will play a large role in what comes next. Under no circumstances should you admit fault or assume liability for the accident, as that will make you open to litigation.
Additionally, you may want to consider the assistance of a lawyer, as they can provide more information into reducing fault and promoting your best interests.
For a free legal consultation, call (800) 747-3733
Determining Liability if You Hit a Motorcyclist
Under Florida Statute §627.7407, Florida is a no-fault state. This means that an injured party must first file a claim with their own insurance company before turning to the other driver’s insurer. First, if the motorcyclist’s insurance company contacts you, do not agree to any recorded statements. This allows them to use your words against you should you accidentally implicate yourself. Additionally, if you are working with a motorcycle accident lawyer, they cannot contact you directly, as your legal team will handle all communications with the involved parties.
As a Florida driver, you are required to carry personal injury protection (PIP) insurance. In the event of an accident, the injured party will likely use this route of compensation. Yet, if your insurance does not cover the cost of the motorcyclist’s damages, then they can take you to court.
A lawyer can guide you through the legal process and represent your interests before a judge. If you hit a motorcyclist, you do not need to go through this alone.
Recovering Damages From a Motorcycle Accident
If the motorcyclist you hit files a civil action, you could be found responsible for their collision-related expenses. The basis of their claim will be that because you acted negligently, you caused the accident and, therefore, you should pay for their losses.
Some of the possible recoverable damages include:
- Associated medical costs from the accident, such as doctor visits, hospital stays, physical therapy, and medical supplies
- Lost wages, as well as reduced earning capacity
- Permanent disfigurement or disability
- Physical and emotional pain and suffering
Florida does not have a statutory cap, meaning that there is no limit to the dollar amount a motorcycle accident victim can pursue through a lawsuit. To minimize your possible financial obligation, you may want to work with a car accident lawyer.
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Work With the Law Offices of Anidjar & Levine
If you hit a motorcyclist, we understand what a frightening experience it must have been. Depending on your situation, you could be facing liability for an unforeseeable accident.
At the Law Offices of Anidjar & Levine, our team can implement measures to:
- Investigate the details of the accident
- Work with the insurance company on a settlement agreement
- Protect your rights in court, if necessary
Our team can take on your legal burdens while you focus on your everyday life. We work on a contingency-fee-basis, meaning that you owe us nothing until the conclusion of your case. To get started with a free case review, call a Fort Lauderdale motorcycle accident attorney today at 1-800-747-3733.
