When it comes to road accidents, not all of them are treated equally under the law. Motorcycle accident cases differ greatly from car crash claims in several ways, from the nature of the injuries to liability considerations.
Understanding the difference is vital for anyone who has been in an accident and plans to file for compensation. This is especially true in a state like Florida, where specific laws can significantly impact the outcome of a case.
Unique Risks to Motorcyclists
Motorcycle riders are inherently more vulnerable on the road than those driving regular cars. According to 2022 stats from the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are up to 22 times more likely to die in a crash and four times more likely to get hurt.
These stats underscore the need for specialized legal counsel for riders injured in motorcycle accidents. Riders have no protective barrier, and they are less visible to other drivers. The potential for more severe injuries makes these crashes distinctly different from car accidents.
Riders who get hurt in motorcycle crashes often suffer from:
- Traumatic Brain Injuries (TBIs): Even with a helmet, riders can still take a direct blow to the head that causes severe trauma
- Spinal Cord Injuries: Such trauma can cause long-term or even permanent disabilities that require extensive care
- Road Rash: Sliding on the pavement leads to severe friction burns that might leave permanent scars or require surgeries to fix
- Fractures: The lack of physical protection often results in broken bones
Many of these injuries need longer recovery times, which translates into higher hospital bills that need to be factored into a personal injury claim.
Accident Stats
A study done by the Governors Highway Safety Association found that Florida topped out all 50 states in motorcycle deaths in 2015 at 550. In the same year, the state also saw the largest increase (100) in fatalities from 2014. That’s a 22% increase. Florida was also one of three states that, combined, accounted for 31% of total crash deaths.
Those numbers highlight the ongoing need for stringent enforcement of motorcycle safety laws and the importance of having legal counsel who understands the unique challenges posed in these cases.
Liability Considerations
In Florida, figuring out liability can be more complicated in motorcycle accidents than those that involve regular passenger vehicles. Part of the reason for this is the state’s comparative negligence law, which lets the court split the fault of an accident between the parties involved.
However, a lot of people believe riders are more reckless on a motorcycle than drivers are with cars. Most of the time, that’s simply not true, but that bias can unfairly influence how liability is handed out.
Helmet Use
Florida law doesn’t require riders over the age of 21 to wear a helmet if they have at least $10,000 in coverage on their medical insurance. Even so, not wearing one can complicate a claim.
Should a rider without a helmet hit their head and suffer from a TBI or other head trauma, the insurance company might try to argue that the injuries were made worse because the rider chose not to wear protective gear. As a result, they’ll use it as an excuse to send a lowball offer.
Comparative Negligence
In car accidents, deciding guilt is generally more straightforward. Rear-end crashes, for example, almost always put the fault on the driver who hit the other from behind.
On the other hand, motorcycle accidents could involve complicated scenarios where both sides share some degree of responsibility. In these cases, the court tends to reduce the compensation for the rider by their percentage of fault.
Insurance Challenges in Motorcycle Accidents
Another major difference between motorcycle and car accidents is the process of dealing with insurance. Florida’s no-fault law requires drivers to carry Personal Injury Protection (PIP) coverage. It’ll pay for the driver’s hospital bills regardless of who caused the accident.
Unlike regular car drivers, motorcyclists aren’t covered under the PIP system. They have to rely on the at-fault party’s insurance or their regular health coverage to pay for their medical costs. With no immediate coverage, riders are put in a tough financial situation right after a crash.
Given the high costs attached to motorcycle accidents, motorcyclists are generally advised to carry uninsured/underinsured motorist coverage. This type of insurance will help pay for medical bills and other costs if the at-fault driver’s insurance isn’t sufficient.
Why You Need a Motorcycle Accident Lawyer
The legal process after a motorcycle crash isn’t always straightforward. From collecting the evidence to proving liability, the whole system can get overwhelming in a hurry. A motorcycle accident lawyer with experience in Florida’s specific laws can make a huge difference in the outcome of your case.
Riders face discrimination from a variety of people who could influence their personal injury claim, including law enforcement, insurance companies, and even the courts themselves. A skilled attorney will know how to fight these biases and objectively present the facts.
Florida also has specific statutes that apply only to motorcycle accidents, such as the helmet requirements and lane-splitting rules. Your legal counsel will know these laws and how they could impact your case.
To add to the stress of the situation, insurance adjusters like to find excuses to minimize how much they pay out. For this reason, you want to have a strong motorcycle accident lawyer in your corner. They know these tricks and how to counter them, and they’ll negotiate effectively on your behalf.
If the insurance company is unwilling to negotiate for a fair settlement, your attorney can take your claim to court. They’ll argue your case effectively to increase your chances of winning compensation for your injuries.
The Road to Recovery
If you or a loved one has been hurt in a motorcycle accident, don’t hesitate to reach out. Contact Schrier Law Group today for a free consultation. Our experienced motorcycle accident lawyers will fight to get you the compensation you’re entitled to.
