Liability for Motorcycle Accidents in Florida

Determining liability in a motorcycle crash in Florida depends on several factors to decide who was negligent. Negligence is a key factor in any motorcycle and car accidents and personal injury claims. All drivers are required to operate their vehicle or motorcycle in a responsible manner. When they do not, they can be held accountable for their negligence. 

A motorcycle that has crashed and a helmet in the road

 

 

Who is liable in a motorcycle accident in Florida?

The parties liable in a motorcycle accident depend on the circumstances of the crash. Generally, if another driver caused the accident, they would be held liable for any resulting damages. If there were any hazardous road conditions, those responsible for maintaining those areas could also be liable. 

Furthermore, if an accident was caused by faulty products, such as defective brakes or tires, the manufacturer of those products could be responsible. Additionally, if a mechanic did not correctly service and install parts on a motorcycle, they, too, could be found liable.  

How is liability in a motorcycle accident in Florida determined?

In Florida, liability in a motorcycle accident is determined by the legal doctrine of negligence. This means that a party must prove their case by establishing four elements: 

  1. The defendant had an obligation to act with reasonable care
  2. They breached this duty
  3. As a result, the plaintiff suffered an injury or loss
  4. The accident and resulting injuries were foreseeable

What to do after a motorcycle accident in Florida

After a motorcycle accident in Florida, the first step should be to seek medical attention for any injuries. Unfortunately, motorcycle accidents can result in severe injuries and fatalities. If you cannot do this immediately, make sure that someone calls 911 so you can obtain emergency care for your injuries. 

It would help if you also documented everything at the scene, including photos of the damage and contact information from witnesses. You will want to file a police report and contact your insurance company. 

Next, you should contact a Tampa motorcycle accident attorney. Your lawyer can help gather evidence and provide valuable guidance throughout the process of filing any necessary claims or lawsuits. 

They will be able to inform you of your rights, evaluate the worth of a potential claim, handle negotiations with the insurance company, and ultimately work toward obtaining a fair settlement for any damages incurred due to the accident.

How does comparative fault affect who is at fault in a motorcycle accident?

Additionally, comparative fault laws apply in Florida which can limit damages if the injured party contributed to causing the accident. The comparative fault doctrine states that an at-fault party’s liability may be partially or wholly diminished if there is evidence that one of the other parties was also to blame for contributing to the accident. 

For example, suppose the motorcyclist contributed 25 percent toward the motorcycle accident liability and the other party 75 percent. Then the motorcyclist’s total damages received from the other party would be reduced by 25 percent. In Florida, as long as one party is 51 percent or more at fault, the other party can file a motorcycle accident injury claim.

How does Florida’s “no-fault” law affect motorcycle injury claims?

After a motorcycle accident in Florida, each party is responsible for filing a claim with their own insurance company. However, since motorcycle injuries are often more serious, the injured party can also seek compensation from the responsible party’s insurance company. They can do this by filing a third-party liability injury claim with assistance from a motorcycle accident attorney in Tampa. 

Do I need an attorney for my motorcycle accident? 

Yes, you will likely need an attorney for your motorcycle accident. In a state like Florida, which has complex no-fault insurance laws and the possibility of comparative fault determining who is liable for damages, it is important to consult with an experienced Florida motorcycle accident attorney to ensure that all possible options for full financial compensation are factored into any claim or litigation pursued. 

An attorney can also help obtain witness statements and evidence to help determine motorcycle crash liability. Additionally, they will handle all negotiations with insurance companies in order to maximize your chances of receiving a successful settlement on your behalf.

What benefits do I gain by hiring a Tampa motorcycle accident attorney?

A Tampa motorcycle accident attorney discussing the case with their client. The desk has paperwork, a gavel, and a Lady Justice statue on it.

 

Hiring a Tampa motorcycle accident attorney from Jack Bernstein, Injury Attorneys, provides valuable legal representation in a motorcycle accident injury claim. They can help you determine your legal options and what your next steps should be in regards to filing your injury claim. 

They will also help gather evidence, obtain witness statements, and calculate the worth of losses to determine the value of your claim. Next, they negotiate with insurance companies and ensure your rights as an injured party are fully protected. 

Lastly, they have extensive experience dealing with personal injury cases and are knowledgeable on applicable state laws. They can help create an effective settlement strategy based on the specific facts of your case and maximize any compensation you may receive from all available sources.

Sources:

Crashes Over Time. (2021).

FLA. STAT. § 768.81. (2023).

Negligence.

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