Motorcycle Accident Attorney Claims – Questions

Serving Orlando, Kissimmee, and Central Florida

Motorcycle Accident Attorney OrlandoThere are quite a few questions you might have about dealing with motorcycle accident claims in Orlando, or anywhere in Florida.

How long do I have to file a claim in Florida? The Statue of Limitations in Florida to file any type of personal injury claim is four years from the date the accident occurred. If a wrongful death occurred as result of the motorcycle accident, the Florida Statute of Limitations is two years from the date the death occurred, instead of the date of the accident.

What is the pure comparative negligence system? The pure comparative negligence system is used in Florida to determine responsibility for a motorcycle accident. Either a jury or judge allocates part of the fault to each of the parties involved in the accident. One party could have 100% of the blame, 0% of the blame, or the blame could be split between the parties involved. Damage awards are then allocated based on the percentage of responsibility assigned to each party. For example, Carl and Theresa were involved in a motorcycle accident, and it was determined that Carl was 90% responsible and Theresa was 10% responsible. If Theresa was determined to have suffered $1,000 in damages, her damage award would be reduced by her portion of the fault. Therefore, instead of receiving $1,000, she would receive $900 from Carl because she would be liable for the other 10% or $100.

How does the Florida helmet law affect my claim? In Florida, the law requires that motorcycle riders who are under age 21 wear a helmet. Riders age 21 and over are allowed to ride with no helmet on, provided that they have $10,000 in medical insurance coverage and carry proof of it at the time they are riding. Failure to comply with these laws may reduce any damage amount to which you may be entitled.

Why should I carry uninsured/underinsured motorist coverage if I am a motorcycle rider? The reason you need uninsured/underinsured motorist coverage even though you are riding a motorcycle is that you need to protect yourself from the automobile drivers out there that “never saw the motorcycle.” Many automobile drivers have no liability insurance or too little of it. When you purchase uninsured/underinsured motorist coverage you are creating compensation for yourself if you are injured while riding your motorcycle, and the other driver has little or no liability coverage.

Do juries tend to side with the motorcyclist or the automobile in accidents involving both? Unfortunately, it is often true that many people have a bias towards motorcycle drivers compared to automobile drivers. This can include anyone involved in your motorcycle accident, including the other parties to the accident, the ambulance personnel or other responders such as firefighters, the police, the insurance adjustors, and even the jury if your claim ends up going to trial. That is why you need a law firm such as Best Law Firm Florida P.A. that is experienced in dealing with motorcycle accident claims and will be on your side through the entire claims process.