After a motorcycle accident, victims often face serious injuries that leave them feeling overwhelmed. Fighting for compensation isn’t always as straightforward as a victim would like it to be. This is especially true when they are dealing with physical recovery. Florida law lets courts and insurers assign fault to multiple parties, which often complicates motorcycle accident cases. This means that your actions before the crash could affect the case and even reduce your compensation. This is called comparative negligence. You should understand how comparative negligence works and what to expect when preparing to fight for justice after a motorcycle accident.
What Is Comparative Negligence in Motorcycle Accidents in Florida?
In Florida, the courts use a modified comparative negligence rule to determine how much compensation a person can receive. If an injured person was at fault, they are still eligible to receive compensation, though it might not be the full amount. However, as of 2023, Florida law states that anyone more than 50 percent at fault is not entitled to compensation.
This can mean many different things for you. For instance, if you ride your motorcycle and a driver runs a red light and hits you, the driver is at fault. However, if you were speeding at the time, that can change the scenario. The courts might find you 20 percent at fault. This lessens the amount of compensation you can receive.
It’s crucial for any driver to seek legal counsel after an accident, but even more so for motorcycle drivers. That’s because motorcyclists often face unfair blame and insurers try to assign them more fault than they deserve. Some examples where partial fault may be appropriate are:
- Failure to signal when changing lanes
- Lane splitting in stopped traffic
- Exceeding the posted speed limit
In these cases, you may carry some of the fault. However, most of the fault likely lies with the other driver. A lawyer who understands Florida’s negligence laws and how to build strong cases can fight to protect you from unfair compensation reductions.
How Comparative Negligence Affects Your Claim
In Florida, a driver’s percentage of fault directly affects how much they get paid at the end of their personal injury claim. If the court finds you 20 percent at fault and the court awards you one hundred thousand dollars, your compensation would be reduced by 20 percent. This would mean you walk away with eighty thousand dollars for medical expenses and motorcycle damage. Any additional costs would come out of your pocket. However, if you’re found 51 percent at fault, you automatically receive nothing.
It’s vital for you to understand how this system works because insurance companies are already well-versed. They use it to their advantage. They will argue that you caused the accident or contributed considerably to the circumstances, reducing your payout. A common tactic they use is to blame motorcyclists for weaving, speeding, or failing to wear protective gear.
It’s worth noting that the law does not always require you to wear protective gear. If you are over twenty-one and have the proper insurance in Florida, you may not be required to wear a helmet. However, the defense can still claim that you’re responsible for the severity of your injuries because you chose to forgo the helmet and didn’t protect yourself. This can affect your payout, especially if your head is injured.
Insurance companies will investigate the accident and use every detail they can against you. They’ll look at your speed, intoxication, and traffic signals you might have ignored. Each instance they can use to assign you a fault will lower the amount they have to pay you.
Steps to Strengthen Your Motorcycle Accident Claim
Although the insurance companies will do everything they can to minimize your claim, there are steps you can take to strengthen it. These steps will help you reduce any false allegations of shared fault the insurance companies try to argue and help you maximize your compensation.
The first thing you want to do is get immediate medical treatment. It’s essential to protect your physical health, but it’s necessary to protect your legal health as well. That’s because a doctor will create medical records that become vital evidence in your case. Attending all follow-up appointments and following your doctor’s instructions is essential.
Next, while you’re at the accident scene, gather as much evidence as possible. Use your cellphone to take pictures of all the damage, including your injuries, damage to your bike, and skid marks on the road. Also, take photos of the traffic signs and road conditions. You can use these to create a picture of the accident and support your claim.
You also want to be sure you don’t admit fault to the driver or their insurance company, and don’t post anything on social media that could look like you’re admitting fault. This includes a casual apology to the driver. The driver or their insurer can use this seemingly harmless phrase against you later. Insurance adjusters receive training to twist your words.
Finally, find the right legal team. An experienced personal injury lawyer will be able to:
- Gather evidence like traffic camera footage and black box data
- Bring in accident reconstruction experts
- Challenge biased or inaccurate fault percentages
- Show how the other driver violated traffic laws
You can also do a few things before an accident to help strengthen your claim, such as wearing protective gear and following traffic laws. In the end, however, taking every measure you can after an accident is vital to protect your rights to justice, especially if you are riding a motorcycle.
Fault Doesn’t Have to End Your Case
Florida’s comparative negligence laws can reduce or eliminate your compensation if you lack the legal support you need. At Jurewitz Law Group Injury & Accident Lawyers, we will help you understand these rules and how to use them to your advantage as we help you fight for every dollar you deserve. We can combat biased insurance tactics and present a compelling liability case. Contact Jurewitz Law Group Injury & Accident Lawyers at (619) 233-5020 today for your free motorcycle case evaluation. Don’t let insurance companies take advantage of you just because you ride a motorcycle. Let us help you protect your rights.
