It should come as no surprise that motorcycle riders are more vulnerable to accident injuries than most car drivers. When struck by a massive vehicle, the force often throws motorcyclists to the ground, resulting in serious and even catastrophic injuries. Although motorcycle drivers make up less than seven percent of all motorists, they represent at least one-fifth of all the accident fatalities in Florida, which is the number one state in the nation for motorcycle fatalities.
If you’ve been injured in a motorcycle accident, you may assume that the stigmas against motorcycle riders will prevent you from getting fair compensation and covering your medical bills. However, nothing could be further from the truth – and our skilled West Palm Beach motorcycle accident attorneys can help you seek the damages you deserve if another driver was negligent.
Proving Negligence in Motorcycle Accidents
While some states require all drivers to carry “no-fault” or personal injury protection (PIP) insurance, Florida is not one of them. Only car and truck drivers (vehicles with four or more wheels) are required to carry PIP insurance in Florida. As a result, many Florida motorcyclists do not have PIP insurance, which means you will likely need to prove the other motorist was at fault in order to receive any compensation from their insurance company.
If you sustained permanent or disfiguring injuries in your crash, you could be eligible to pursue a personal injury lawsuit, as defined under Florida Statute 627.737 (2). Florida uses a “pure comparative negligence” system, which means you can still recover monetary damages for your injuries, even if you were partially responsible for your motorcycle crash. Your claim will simply be reduced by the total percentage you were found at fault. For example, if you are found to be 95% at fault, you could still collect the remaining five percent of your total claim.
When proving negligence, your West Palm Beach personal injury lawyer will need to show the following:
- That the other driver had a “duty of care” toward you, the motorcycle rider;
- That the other driver failed to observe that duty of care, whether by driving under the influence or disobeying traffic laws, etc.;
- That the other driver directly caused your injuries as a result of this failure, and;
- That you have clear financial losses and physical harm as a result of the accident.
Depending on the degree to which these arguments are evident to the jury or judge, you may collect a significant portion of your claimed amount, or you may collect nothing at all for your injuries. At Clark, Fountain, La Vista, Prather & Littky-Rubin, our skilled motorcycle accident team won’t stop at a settlement if it’s not in your best interest. We have the knowledge and the ability to take your case through to trial, exercising more than 200 years of combined experience to fight on your behalf and seek the compensation you deserve.
Call our Florida legal team at (561) 922-0258 today for prompt legal assistance. There is no obligation for the call and you’ll never pay us a penny unless or until we obtain compensation on your behalf.