Motorcycle Accidents – Determining Fault

If you’re involved in a Florida motorcycle accident, learning who was at fault is the first step to take if you are planning on pursuing monetary compensation for your injuries.

While fault in many motorcycle accidents is apparent, some are not so obvious, and an insurance company will not pay out a claim without proof that their client was at fault for your accident. 

At the Pensacola, Florida law firm of Stevenson Klotz, we have the experience and knowledge to offer you guidance in receiving monetary compensation for your motorcycle accident.

How is Fault Determined in a Florida Motorcycle Accident?

Motorcyclists in the state of Florida are expected to follow the same traffic laws as drivers of any other vehicle. This also means that, as a motorcycle rider, you are entitled to the entire lane to yourself. 

It also means that a motorcycle rider can’t split lanes or weave between lanes of traffic when the roads become congested. 

When it comes to insurance coverage, personal injury protection is only required for vehicles with four wheels, not two-wheeled vehicles such as motorcycles.

If you, as a motorcycle rider, get into an accident in Florida, the duty of care is handled like any other negligence case. What this means is that if the accident was caused by someone else’s negligence or careless action, you, as the victim of the accident, must be able to prove that:

1. The defendant owed you a duty of care

2. The defendant breached the duty of care

3. The breach caused you to be injured

4. The result was you being injured and entitled to damages.

Is Florida a No-Fault State?

Florida is a no-fault state. This means that if you are involved in an accident, you are expected to use your own vehicle’s insurance coverage.

However, as a motorcyclist in Florida, you are not required to have personal injury protection insurance but if you ride a motorcycle without a helmet, you must carry at least $10,000 of medical insurance coverage.

What is Considered A Permanent Injury in Florida?

In Florida, a permanent injury is defined under Section 627.737(2) as: 

1. A significant and lasting loss of an important bodily function

2. A permanent injury with a reasonable degree of medical probability, other than scarring or disfigurement

4. Significant and permanent scarring or disfigurement
5. Death

Additionally, Florida follows a pure comparative negligence system, as well. This means that even if you were found to be 99% at fault for your motorcycle accident, you could still recover for that 1% that’s leftover.

At the Pensacola, Florida law firm of Stevenson Klotz Injury Lawyers, if we are unable to determine fault through police reports, witness statements, and photographs, we have accident reconstructionist experts available to assist us. 

If you or a loved one has been injured in a Florida motorcycle accident, our firm is standing by to assist you in recovering all the monetary compensation you are entitled to for your injuries. Call a Pensacola Motorcycle Accident Lawyer today!