4 Differences between Motorcycle and Car Accident Lawsuits
Motorcycle and car accidents are common on Florida roads, resulting in severe injuries and damages. However, key differences between motorcycle and car accidents can impact the legal process and the damages a victim can recover in a lawsuit through an accident lawyer. This article will discuss the five key differences between Florida motorcycle and car accident lawsuits.
Helmet Laws
One of Florida’s most significant differences between motorcycle and car accidents is the state’s helmet laws. Florida is part of the few states that do not require motorcyclists to wear helmets if they are over 21 years old and have at least $10,000 in medical insurance coverage. However, if a motorcyclist is injured in an accident and was not wearing a helmet, this may impact their ability to recover damages in a lawsuit.
The lack of a helmet can be seen as contributory negligence, which means the victim may have contributed to their injuries by not wearing protective gear. In contrast, car accident victims are not required to wear helmets, and the lack of helmet use is not a factor in determining liability.
Comparative Negligence
Florida follows a comparative negligence system, which means that fault can be shared between multiple parties in an accident. In motorcycle accidents, riders may be liable for damages if they do not follow traffic laws or drive recklessly. For example, if a motorcyclist was speeding and ran a red light, they may be assigned a percentage of fault for the accident, even if the other driver was also at fault.
In car accidents, the same principle applies, and fault can be assigned to any driver who contributed to the accident. So if a driver was texting while driving and rear-ended another car, they may be assigned a percentage of fault for the accident, even if the other driver was also at fault.
Insurance Requirements
Florida has specific insurance requirements for cars and motorcycles. Car owners must carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage. Motorcycle owners must carry a minimum of $10,000 in PIP coverage, but PDL coverage is not required.
This difference in insurance requirements can impact the number of damages that a victim can recover in a lawsuit. If a motorcyclist gets into an accident with a car, the car owner’s PDL coverage could be insufficient to cover the damages sustained by the motorcycle. In this case, the motorcyclist’s insurance policy may need to cover the additional damages.
Jury Bias
There is a perception among some jurors that motorcycle riders are risk-takers who are more likely to cause accidents. This bias can make it more challenging for motorcycle accident victims to receive a fair trial and recover damages. Jurors may be more likely to assign fault to the motorcyclist, even if the other driver was also at fault.
In contrast, car accident victims may not face the same bias, as car accidents are more common and generally perceived as less risky. However, car accident victims may face challenges in proving fault and recovering damages, especially with conflicting accident reports.
As We Close the Case
Several key differences exist between motorcycle and car accident lawsuits in Florida, including helmet laws, comparative negligence, insurance requirements, injuries, and jury bias. It is essential to work with an experienced attorney who understands the nuances of these differences to build a strong case and maximize your chances of recovering damages. Contact a local accident lawyer to discuss your legal options if you have been involved in a motorcycle or car accident in Florida.
Talk to Avard Law for Auto or Motorcycle Accidents
The legal professionals at Avard Law have expertise in handling cases related to Social Security Disability, Workers’ Compensation, Personal Injury, and Veterans’ Benefits in the South Florida region. Talk to one of our Florida accident lawyers by calling (888) 685-7930.
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