How are motorcycle accidents lawsuits different from regular auto accident cases?
Catastrophic injuries are much more common when cars and motorcycles collide than in accidents between two cars. Motorcycle riders are not protected by their vehicles and are often thrown from their bikes when they crash with cars, increasing the likelihood of being hit by another vehicle or being thrown into a tree, road sign, or other object. Brain injuries, spinal cord injuries, amputations, disfigurement, and death are all common results of car accidents involving motorcycles.
Some of the laws pertaining to motorcycle accidents are different to the laws that apply to accidents involving only cars. In a case involving both, your attorney must have a thorough knowledge of both and how the combination will apply to your unique case.
Although a biker is more likely to be seriously injured than the driver or passengers of the car, and statistically the driver of the car is more likely to be at fault, the general public tends to favor drivers over motorcycle riders, making the case an even bigger challenge.
I was not wearing a helmet when the accident occurred. Do I still have a case?
Yes, you do. In the state of Florida, you are not required to wear a helmet as long as you are 21 years old or older and you have at least $10,000 in medical insurance coverage (for which you must carry proof when riding). Riders under the age of 21 are required by law to wear a helmet.
Even if you were in violation of the helmet law, it does not absolve the other driver of his responsibility for causing the accident. If you had broken a law in a way that could contribute to the cause of the accident, such as riding under the influence or speeding, it would be a bigger hurdle.
Failure to wear a helmet does not cause accidents, but it can contribute to the seriousness of your injuries. Therefore, if you were in violation of the helmet laws your compensation may be reduced.
What is the most common cause of car accidents involving motorcycles?
After an accident, most drivers say that they did not see the motorcycle. Drivers notoriously violate motorcyclists’ right of way, sometimes out of ignorance and sometimes intentionally. Many are simply not paying attention. Collisions between cars and motorcycles happen most often at intersections.
The driver of the car clearly violated my right of way causing the accident. Do I really need an attorney?
Legally, you can pursue your claim on your own. However, insurance companies work hard to avoid paying, and to pay as little as possible. Even though the cause was obvious to you, and possibly even to witnesses, it can be difficult to prove.
In order to win your case and secure the compensation you deserve, you need the help of an experienced motorcycle accident attorney who can conduct a thorough investigation, understands the unique laws involved, and knows how to fight the insurance companies’ tactics.