Can a failure to wear a helmet reduce the claim damages to an injured motorcyclist in Florida?
Although Florida law does not require motor cycle riders to wear a helmet it’s always a good idea. The concept known as comparative negligence may reserve to lessen your damages. For instance if you hurt your head and had you been wearing a helmet your damages would have been lessened, the jury or insurance company may reduce your damages by the amount. It’s always a good idea to be safe when you’re out there riding. If you have an opportunity to wear a helmet, wear a helmet. It is the duty of the judge and jury to determine whether your failure to wear a helmet contributed to the injuries that you sustained.
I did not carry insurance on my motorcycle. Can I still sue the driver who hit me?
Even if you don’t have insurance coverage on your motorcycle, you can still pursue a claim against the negligent driver. This is assuming that the negligent driver has bodily injury insurance coverage. Always a good idea to have your own insurance. If you’re driving a motorcycle you should check with your insurance company to find out if they have PIP or personal injury protection and PD/ property damage available to you. If not, you should make sure you have health insurance available to you. If neither of those, you should hope that the negligent driver who hit you has a type of coverage known as bodily injury coverage which will provide compensation to you for the medical expenses incurred due to their negligence.
What should I do immediately following a Florida motorcycle accident?
As in any accident, when you’re involved in a motorcycle accident, it’s important to wait for police. Make a police report, make sure the proper parties are notified of the accident. Call your insurance company if you’re insured, you should contact the other party’s insurance company, and you make sure you obtain any witness statement from people who may have seen what happened. It’s always a good idea to contact an attorney as quick as possible, so that your rights can be protected and so you can receive all the benefits you’re entitled to.
If I get into an accident on my motorcycle, should I hire an attorney to help me?
If you’re in an accident on a motorcycle it is a good idea to hire an attorney. That attorney can protect you, see that you get the benefits you’re entitled to, and they can do everything in your power to assist you in making sure your motorcycle is fixed, injuries taken care of, and all claims are resolved in your favor.
How long do I have after my Florida motorcycle accident to file my motorcycle inury case?
Morotcycle accidents like car accidents have a four year statute of limitations. This means you have four years from the time of your accident to file the claim. It’s a better idea to pursue your claim quickly so that the insurance company doesn’t have an excuse not to pay the damages. Each insurance company has their own time limit with regards to how long you have to pursue the claim. Medical expenses must be paid within a reasonable period of time and you should present those medical expenses as quickly as possible to the appropriate insurance company for proper payment.
Is insurance coverage an important issue in a Florida motorcycle accident case?
In a motorcycle accident the coverage is based upon the policy you obtained. Different insurance companies provide different types of coverage. You should look to see what type of coverage you have before you get into an accident. It’s always important to speak with your insurance agent to be sure you have the appropriate coverage. If a car hit your motorcycle then the driver is at fault. However, there is coverage available to you, called comprehensive end collision that will protect you if the other driver is not insured. Again, speak with your insurance agent to determine what type fo coverage you have.
Motorcycle Insurance Options in Florida
Hello my name is David Sampedro. I’m a board certified civil trial attorney over at Panter, Panter & Sampedro. We handle all types of negligent and wrongful death cases against other individuals and companies who are responsible for those actions. Often times we receive phone calls regarding motorcycle claims and motorcycle accidents. Since May is the month that recognizes motorcycles, I thought this would be a good opportunity to talk about that. Motorcycles are a part of the American culture. They embody the American spirit, but they can be dangerous and they are different than cars. Let’s talk a little bit about that both practically and legally. Florida is the number one state that leads the country in motorcycle fatalities and perhaps because of our weather that you can ride all year long, but the fact is that Florida, at least statistically, is one of the most dangerous places that you can ride a motorcycle. And in particular US1 that road that leads you from Key West all the way up to Canada, is the most dangerous road in the entire country for motorcycle riders so it’s something you should consider. I know that helmets in the state of Florida are not required by law to be worn at all times but it is something you should consider. Head injuries and head trauma are the number one reason for motorcycle fatalities. The other thing practically speaking that you should consider is what type of insurance you should get if you have a motorcycle. If you own a car or a motor vehicle everyone is required to have what’s called PIP personal injury protection that pays for 80% of your medical expenses. That’s not required if you own a motorcycle and the fact is that most insurance companies won’t even sell you PIP if you have motorcycle or for your motorcycle I should say. Instead they sell you something that’s called medical payments coverage or med pay coverage that’s something you should certainly consider getting it’ll help pay for any type of medical bills that you incurred regardless of fault, and if you’re injured as a result of using your motorcycle. Another type of insurance that you should definitely get is something called uninsured motorist. The fact is that you when you’re riding a motorcycle you have to be careful with a lot of other drivers who are not aware that motorcycles are surrounding them and if you are injured as a result of someone else’s negligence and they don’t have what’s called bodily injury coverage you could only make a claim under the policy if you have uninsured motorist. So those are a couple of things for you consider during this month of May and throughout the whole year if you’re riding your motorcycle so be careful with motorists out there and hopefully motorists should be careful of motorcycles. Florida does have a lot of motorcyclists be careful out there they have all of the rights and responsibilities as automobile drivers so keep that in mind. Thank you.