Assessing Liability In Florida Motorcycle Accidents

Most people who ride motorcycles in Florida know the potential risks of such a hobby, and take all possible precautions to protect themselves on the road. Unfortunately, accidents will happen, regardless, and the injuries to the motorcyclist can be quite severe – data from the National Highway Transport & Safety Administration (NHTSA) estimates that per vehicle miles traveled in 2020, motorcyclists were more than 28 times more likely to sustain fatal injuries than car and truck passengers. If you have been involved in a motorcycle crash in Florida, it is important to seek compensation for the harm you have suffered.

Often More Difficult Than In Car Accidents

Normally, in a Florida automobile accident case, a person is encouraged to make a claim with their personal injury protection (PIP) insurer – given all Florida drivers are required to have PIP and property damage liability insurance – instead of filing a lawsuit. A vehicle accident case may wind up in court if the plaintiff’s injuries reach a certain threshold, but a PIP claim should generally be the first step. However, one of the most important things to keep in mind about motorcycle accidents is that motorcyclists are not required to carry PIP coverage.

What this means in most cases is that the question of liability may carry more significance – PIP coverage is no-fault, but if one has no choice but to file suit against an allegedly-negligent driver, the injured plaintiff must be able to establish that the other driver breached their duty to exercise reasonable care toward other road users, and that their doing so was the direct cause of the plaintiff’s injuries. This is sometimes quite difficult to establish, depending on the nature of the available evidence in your case.

Comparative Fault Matters

One other issue that comes into play when assessing liability in a Florida motorcycle accident case is the issue of comparative fault. Comparative fault or comparative negligence is a legal principle that holds that a person is only legally responsible for their own percentage of fault. In other words, if a jury decides that a driver is 65 percent at fault for a pedestrian’s injuries, the pedestrian may only collect 65 percent of their damages – the remaining 35 percent of the fault is the pedestrian’s, and thus they cannot be compensated for it.

Thus, if a jury decides that the plaintiff is, say, 20 percent at fault, it means that they can collect 80 percent of their damages. That said, Florida does observe what is known as pure comparative fault, meaning that if the plaintiff is found to be more than 50 percent liable for their own injuries, they cannot recover anything at all. This is a recent change, only coming into effect in 2023, but the point remains that this is now the prevailing standard in the state.

Contact A Maitland Motorcycle Accident Attorney

Florida is one of the most motorcycle-happy states in the U.S., but this means that motorcyclists must be extra vigilant on the road, as both plaintiff and defendant may bear some responsibility in the event of a crash. If you have been injured in a motorcycle accident, an Orlando motorcycle accident attorney from the Hornsby Law Group can help you determine your options, and guide you through the legal process while you focus on healing. Contact our office today to schedule a free consultation.

Source:

crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813306