If you are partially at fault for a motorcycle accident in Miami, you may still receive compensation for damages, although the amount of your damages will be reduced by your percentage of fault.
A Miami motorcycle accident lawyer can investigate the accident, gather evidence, fight to reduce your portion of fault, and seek fair compensation on your behalf.
Can You Recover Damages Despite Being Partially At Fault For A Miami Motorcycle Accident?
You may still be able to recover compensation to cover some of your damages if you are partially at fault for a motorcycle accident in Miami. The amount of compensation you receive will depend on several factors, including:
- Your percentage of fault: An investigation will determine each responsible party’s percentage of fault. For example, if you are 30 percent at fault and someone else is 70 percent at fault, you could recover only $70,000 out of a $100,000 award for your damages. If you are more than 50 percent at fault, you may not recover any damages.
- The severity of your injuries: The more severe your injuries are, the more your case could be worth. Motorcycle accidents can cause injuries to the head, neck, spine, and anywhere else on your body due to the exposure a rider faces. If your injuries are permanent or require long-term treatment, you may deserve more compensation.
- Your insurance coverage: The maximum amount of insurance coverage you and other parties carry will play a role in how much compensation you could recover.
- Your use of protective gear: While only those under age 21 are legally required to wear a helmet in Florida, choosing not to wear one could result in less compensation since the other party could argue you’re partially responsible for your head injuries.
- Your damages: The financial and non-financial losses you suffer will help determine how much compensation you recover. Types of economic and non-economic damages you may qualify for include medical bills, lost income, and pain and suffering.
A Miami personal injury lawyer can help you fight for maximum compensation by considering all applicable factors. Motorcycle accident claims can be complex, and your attorney will negotiate with all involved insurance companies to secure a fair settlement. If the insurers won’t offer a fair settlement, taking your case to trial may be necessary.
Does PIP Cover Motorcycle Drivers In Miami?
Unfortunately, Personal Injury Protection (PIP) insurance only covers drivers of vehicles with four wheels. Insurance is not required to register a motorcycle in Florida, but it is strongly recommended, as riders are responsible for any injuries they may cause in a crash. Motorcycle riders may also face license suspension and other penalties, such as fines, if they are at fault for an accident and don’t carry liability insurance.
If you do not have insurance to cover your injuries in a motorcycle crash, you may be able to file a claim with your health insurance provider to cover your medical expenses. If another driver is partially at fault for the accident, you can file a claim for damages with their insurer as well. A motorcycle accident attorney can explain your options.
Can You Recover Wrongful Death Damages Despite Being Partially At Fault For A Motorcycle Accident?
If a motorcycle driver dies in an accident, their family may still be able to recover wrongful death damages if their loved one was partially at fault. Wrongful death damages cover losses such as funeral costs, medical bills, mental pain and suffering, and lost income.
However, just like with personal injury claims, the family’s damages will be based on the decedent’s percentage of fault. For example, if your loved one is 20 percent at fault for the accident, you may only recover 80 percent of your total compensation. A Miami wrongful death lawyer can help you fight to maximize your financial compensation.
A Miami Motorcycle Accident Attorney Can Explain How Comparative Negligence Affects Your Claim
Per Florida Statutes § 768.81, Florida is a modified comparative negligence state, which means how much compensation each party recovers after an accident is based on their percentage of fault.
An experienced motorcycle accident attorney can help you by arguing that less fault should be assigned to you so you can recover more compensation for your damages. Your lawyer will investigate the accident and gather evidence to identify the other at-fault parties and determine their percentage of blame.
Relevant evidence in a motorcycle accident claim may include:
- Witness statements
- Accident reconstruction experts
- Medical records
- Police reports
- Traffic camera recordings
- Accident scene photographs
Most motorcycle accident cases settle out of court, but litigation may be necessary if the insurance company won’t offer a fair settlement. A motorcycle crash lawyer will fight to protect your rights and present your case to a jury.
Is There A Deadline To File A Lawsuit After A Motorcycle Accident In Miami?
You generally only have two years from the accident date to file a personal injury or wrongful death lawsuit in Miami-Dade County, according to Florida Statutes § 95.11.
A Miami motorcycle accident injury lawyer can work to meet the statute of limitations in your case, so we urge you to consult with an attorney as soon as possible. You could lose the option of filing a lawsuit if the deadline in your case expires without taking legal action.
How Can A Miami Motorcycle Accident Attorney From The Law Offices Of Anidjar & Levine Help You?
A personal injury lawyer from our firm will handle the legal aspects of your case and provide you with responsive legal help to serve your needs, including:
- No attorney fees unless we win
- 24/7 availability
- Free consultations
- Frequent case updates
- Help with accessing medical care
- Prompt return communication
- Help to repair or replace your vehicle
We will always be there for you when you need us. You don’t have to go through this alone. Even if you are partially at fault for the accident, it may still be possible to recover compensation so you are not stuck paying for all your losses out of pocket.
Contact Our Miami Motorcycle Accident Lawyers Today To Learn More
Being partially at fault for a motorcycle accident doesn’t necessarily mean you can’t recover compensation for damages. An experienced motorcycle accident lawyer from the Law Offices of Anidjar & Levine will fight to maximize the compensation you can recover so you can take back control of your life.
To learn more about determining fault in a motorcycle accident, contact us for a free consultation today.
