In Florida, motorcycles have become a highly popular alternative to four-wheel passenger vehicles. From fuel efficiency to ease of navigating through heavy traffic, there are many benefits to motorcycles beyond just the thrill of the ride. However, despite the advantages, data suggests that motorcyclists are at a much higher risk of suffering a severe to fatal injury in an accident than a passenger of a car. The challenging effects of such an accident—which can include catastrophic injuries, irreversible damage to your vehicle, and expensive medical bills—can be even more frustrating when you’re not at fault.
If you’ve been injured in a motorcyclist accident as a result of someone else’s negligence, you’re probably experiencing feelings of stress, frustration, and physical pain. Between time off work, lost wages, medical expenses, and the damage to your motorcycle, you may be out of thousands of dollars, leaving you with a lot to worry about. Do you still have to pay for your expensive medical bills, property damage, and lost wages after the accident? Does the insurance company pay for your bills directly? Who’s liable after a motorcyclist accident in Boca Raton? We’ve broken down everything you need to know.
Why Are Motorcycle Accidents So Dangerous in Florida?
There are many reasons why someone might choose to ride a motorcycle in Florida: the state’s warm climate, flat terrain, scenic vistas, and more. That’s not to mention that, in general, riding a motorcycle is thrilling, convenient, and relatively cheap. Bikes provide a sense of individuality, a low environmental impact, and if nothing else, the cool factor. But choosing to use this mode of transportation also presents several safety concerns.
Motorcycle accidents can be extremely dangerous and sometimes fatal, especially when compared to four-wheel vehicles. In fact, motorcyclists are 27 times more likely to die in a crash than occupants of passenger vehicles, perhaps because they don’t offer the same safety features. There are no seatbelts, airbags, or collision warning systems. Most importantly, motorcyclists don’t have a robust metal and steel cage protecting them, so they must instead rely on helmets and protective riding suits to keep them safe. Even a minor accident can result in a catastrophic injury.
Filing a Motorcycle Accident Lawsuit in Florida
If you’re a victim of a motorcycle crash, you can file a personal injury lawsuit against the at-fault party. You may be able to base your claim on a theory of negligence given the fact that car and truck drivers often ignore or fail to share the road with motorcyclists. A driver may, for example, make an unsafe lane change in an attempt to pass a motorcyclist. By showing that the driver was negligent, you may be able to hold them liable for your injuries.
To prove negligence, you must show that the driver had a duty to exercise reasonable care, they breached that duty, and the violation caused your injuries. Some indications that a driver was negligent include speeding, unsafe lane changes, texting, or otherwise driving while distracted. If you file a timely claim and can establish liability, you may obtain compensation from the at-fault party in your motorcycle accident case and recover the following:
- Past medical bills
- Future expenses
- Lost income or earning capacity
- Property damage
- Pain and suffering
Statute of Limitations for a Motorcycle Accident Claim in Florida
Working with a qualified Florida motorcycle accident attorney as soon as possible after a crash can help ensure that you don’t miss the deadline set by the statute of limitations. According to Florida Statute § 95.11, plaintiffs in personal injury claims that center around negligence, such as motorcycle accident cases, generally have four years from the date of injury to file a lawsuit in court. Failure to meet this deadline could lead to a defendant moving for a dismissal of the claim.
Failing to adhere to these essential filing deadlines will likely guarantee that you won’t be able to recover any compensation after your accident. Insurance companies that represent defendant drivers are aware of this law and may not engage in settlement talks if the statute of limitations has expired. Fortunately, an experienced Boca Raton motorcycle accident attorney can help you understand Florida law and the rules and regulations that pertain to you based on the circumstances of your case.
Contact a Boca Raton Motorcycle Accident Attorney
At Baker Legal Team, we understand how frightening it can be to suffer injuries in a motorcycle accident, especially if you’ve been injured as a result of someone else’s negligence. Lawsuits of this nature can be tricky, which is why we want to make this process as easy as possible for you. At Baker Legal Team, Attorney Robert B. Baker will meet with you one-on-one to learn the specifics of your case and build a concrete defense against the at-fault party.
Robert is a Board-Certified lawyer who knows the ins and outs of motorcycle accident law. He has over 30 years of experience helping motorcyclists with their accident injuries and will stop at nothing to fight for the compensation you deserve. Our expert team is dedicated to keeping you informed every step of the way and helping you overcome this challenging time in your life. Give us a call at (561) 320-0000 or complete our contact form today.