Enjoying motorcycle rides in the Sunshine state is a no-brainer: It’s one of the most picturesque places for the freeing feeling of being on a motorcycle. Unfortunately, motorcycle accidents are a dark reality of the state. In 2018, there were 9,143 motorcycle crashes reported, with 531 fatalities, according to Florida Highway Safety and Motor Vehicles (FHSMV).
If you or a loved one were a victim of a motorcycle accident in Florida, the lawyers at Ben Crump Law, PLLC can provide legal counsel for your needs. Call our offices today with details about your case, and request to work with a Sarasota motorcycle accident lawyer by dialing (800) 924-3113.
Rules for Motorcycle Riding in Florida
There are a few strict laws concerning riding a motorcycle in Florida, which are simple to follow. Most motorcyclists will know the exact stipulations beforehand, since a motorcycle license is required before getting behind the handlebars, according to FHSMV. Other drivers may automatically pin the fault of an accident on a motorcycle since it is generally considered a riskier form of transportation.
According to the National Highway Traffic Safety Administration, 29 percent of motorcycle riders involved with fatal accidents did not have a valid motorcycle license, according to the National Highway Traffic Safety Administration (NHTSA). However, according to the same source, a majority of motorcycle crashes happen when other drivers do not see them on the road.
Florida laws generally do not require helmets for motorcycle riders, except for people under the age of 21, if they have a minimum amount of insurance coverage in the event of an accident. Florida insurance laws are in place to help individual motorcycle riders and drivers claim compensation for their own injuries, following a no-fault insurance rule.
Despite the conflicting opinions and nuances of motorcycle safety and legislation, the Florida Statutes §316.027 generally protects the rights of motorcycle riders, acknowledging that “a person operating a bicycle, motorcycle, scooter, or moped lawfully on the roadway,” may be considered a “vulnerable road user.”
After any accident where there is an injury or property damage worth over $500, involved parties must file a police report. This is especially important when considering legal options for compensation. Here, a law enforcement officer can help bring perspective to the cause of the accident.
While all parties will first need to file for compensatory damages through their individual Personal Injury Protection policies, this does not prevent injured parties from seeking additional compensation after the accident. You also have a right to work with a Sarasota motorcycle accident lawyer.
For a free legal consultation with a motorcycle accidents lawyer serving Sarasota, call 800-924-3113
Seeking Legal Help for a Motorcycle Accident
Even the safest motorcycle rider may not be visible on the road. That is just one reason motorcycle riders need a special type of license.
Some car accidents in Florida require an official report with law enforcement. If the police were not called at the time, you can still file a report with the Florida Department of Transportation up to a certain amount of time after the accident happens. Filing an official report can add significant evidence to your case, helping to serve as evidence for conditions at the time of the accident, and the extent of damage that was incurred.
Accident reports do not always indicate fault, and you should consider the implications of taking fault for any part of the accident. However, even if you had some fault in the accident, you may still be able to seek compensatory damages from the other liable party, and you can do so with the help of a lawyer.
Sarasota Motorcycle Accident Lawyer Near Me 800-924-3113
Statute of Limitations
The statute of limitations will depend on the type of accident you were in, the kind of damage incurred, and the party liable for the damages. The exact time limit for when you can file any particular kind of case will vary, so get in touch with a lawyer who can explain and advise the type of legal action you should take.
- Wrongful Death: File a wrongful death claim on behalf of a loved one who needlessly died from a motorcycle accident. This can cover various expenses, from funeral costs to the long-term care of children and spouses. The statute of limitations is two years.
- Claims Against A Government Entity: You may be able to pursue a case against a public entity if the liable party was a government employee, or if something like public roadway conditions led to the accident. The statute of limitations for this type of accident claim may be up to three years.
- Personal Injury Claims: Personal injury cases cover a wide scope of tangible and intangible costs incurred from an accident. You may file a personal injury case against any liable party, including the other drivers, or an insurance company that wrongly denies your claim. This statute of limitations may last up to four years.
- Property Damage Claims: A property damage claim will cover the cost of your belongings damaged in an accident, like your motorcycle and related equipment, for example. The statute of limitations for this type of claim may be up to years.
This information is only intended to be a first reference for what to expect in a lawsuit concerning a motorcycle accident. To find out the filing limits for your particular, you can consult with the office of a Sarasota motorcycle accident lawyer
Get Legal Advice for a Motorcycle Accident in Florida
When you work with the lawyers at Ben Crump Law, PLLC, you can count on a burden-free legal process. You deserve to work with a team of lawyers who can help articulate your needs and costs after an accident.
Let a Sarasota motorcycle accident lawyer handle your unique case, with your rights and interests in mind. Call our offices now for a free consultation about your case. Reach us at (800) 924-3113.