Thousands of motorcyclist deaths happen every year in the United States, making up 14% of all motor vehicle deaths in 2018, according to the Insurance Institute for Highway Safety (IIHS). Most accidents are totally preventable, and the damages range from pricey hospital bills, to loss of life.
Victims of motorcycle accidents can seek legal help to balance the real costs of recovery in the long run. Work with a Daytona Beach motorcycle accident lawyer to estimate and pursue the real costs of recovery after an accident. Call the offices of Ben Crump Law, PLLC now for a free consultation with a member of our team at (800) 924-3113.
Motorcycle Regulations and Laws on Daytona Beach
Motorcycle riders may have a stereotypical reputation for a general disregard of the law, but they have considerable protection under Florida law. This is because larger vehicles often outnumber and outsize motorcycles on the road. Overall, more people get into accidents with passenger vehicles than with motorcycles.
In Florida, bikers are required to carry a motorcycle license. With this special license comes particular training to navigate regular traffic conditions, and safe driving. Motorcycle law is explained in detail through the Florida Statutes sections 316.208-211. Some important points about motorcycle riding in Florida include the following:
- Helmets: Not typically required, except for people 21 and under. Eye protection is required.
- Headlights: Must be on at all times.
- Handlebars: Must be at or below shoulder level and be used by both hands at all times.
- Accidents: Must be reported.
- Passengers: Must wear protective equipment under age 16; May transport as many passengers as the motorcycle is designed to carry.
- Road Use: May use full lane, with a maximum of two motorcycles riding abreast.
The list of points above is not exhaustive of motorcycle riding laws in Florida, but they encompass some of the most important parts. Florida Statutes categorize motorcycle riders as “vulnerable road users,” which is important to consider when dealing with accident litigation. Motorcycle riders require a high standard of mutual care in order to prevent accidents. A Daytona Beach motorcycle accident lawyer can explain what legal options bikers have when an accident happens.
For a free legal consultation with a motorcycle accidents lawyer serving Daytona Beach, call (800) 924-3113
Other Factors to Consider in a Motorcycle Accident
Motorcycles are not as stable or protected as other vehicles on the road, but that does not render them responsible for all accidents in which they are involved. In fact, motorcyclists are more likely to be injured or hurt from an accident when other drivers do not see them driving, according to the National Highway Traffic Safety Administration (NHTSA). As a result, making a case for liability in a motorcycle accident can be difficult.
People who ride motorcycles are more vulnerable to the mistakes and negligent driving behaviors of other people. A lawyer can work on your behalf to fully understand the facts of your case to prove liability for your damages. Using the police report, understanding the circumstances of the accident, and collecting evidence will be key to making sense of your needs, so you can recover.
Florida Insurance Rules
In almost all cases, your first resource after a motorcycle accident will be your personal insurance policy. Florida is a no-fault insurance state, which requires all drivers to file an insurance claim for any damages through their personal policy first. Fortunately, this does not prevent motorcyclists or drivers from seeking additional compensation from negligent drivers.
To ease the stress and burden of the litigation process, bikers can hire a lawyer at the earliest convenience to get a head start on the case. Florida has a particularly generous statute of limitations for accidents, with a limit of four years from the date of the accident. If your accident was more than four years ago, you might still be able to seek compensation for discovered injuries. The best way to find out is by contacting the law firm of a Daytona Beach motorcycle accident lawyer for legal advice.
Daytona Beach Motorcycle Accident Lawyer Near Me (800) 924-3113
Legal Options for Motorcycle Accidents
Due to the vulnerable nature of motorcycle riding, recovering from an accident can be seriously daunting. It is important to consider the unique factors for your motorcycle accident in order to pursue the most fitting legal claim type. While working with an attorney cannot undo the damage from your accident, it can help you quantify the cost of your recovery through any of the following claim types:
- Personal Injury: In Florida, the statute of limitations for a personal injury case is typically four years from the date of the accident. However, this can vary based on injury discovery and type. This type of claim may be useful for medical expenses, loss of work, or loss of ability to work.
- Property Damage: As favored hobby-type vehicles, motorcycles can have sentimental value and often have significant financial costs. A property damage claim can cover non-bodily injuries from the accident. In Florida, there is a four-year limit on property damage claims.
- Wrongful Death: Unfortunately, thousands of motorcycle accidents end in wrongful death when other drivers do not properly share the road with motorcycles. Dependents like spouses or children may be eligible to file a wrongful death claim up to 2 years from the date of the accident.
- Punitive Damages: You may be eligible to file a case for punitive damages to cover any particularly negligent behavior or bad faith circumstances, such as with a denied insurance claim. The limitations of punitive damages will vary based on your particular case.
The list of legal claim types above should not be considered exhaustive of the options for recovery after a motorcycle accident in Daytona Beach. Getting started on the legal process immediately following the accident is important, so that you can recover as quickly as possible.
Work with a Motorcycle Accident Lawyer Serving Daytona Beach
Working with a lawyer after a motorcycle accident is the best way to build a case against negligent drivers or negotiate with insurance companies who act in bad faith. You should not have to deal with the aftermath of a motorcycle accident alone.
Get the information and legal help you want when you call Ben Crump, PLLC to handle your case at (800) 924-3113.