Motorcyclists often suffer significant injuries if they are involved in a crash. The North Tampa motorcycle accident attorneys at Holliday Karatinos Law Firm, PLLC provide motorcycle crash victims with the help they need to seek compensation for their injuries. The lawyers at our firm have more than 50 years of combined legal experience. We are skilled negotiators and trial advocates who will fight to get you the compensation you deserve. Please give us a call to discuss your motorcycle accident case.
Florida Motorcycle Law
Motorcyclists in Florida have the same rights, and are subject to the same duties, as other motorists. They have the right to use a full lane of traffic, and must obey the same traffic rules as others on the road. All motorcyclists must pass a basic state course to obtain a motorcycle license or to have the endorsement added to their license.
There are specific laws that apply to motorcyclists in Florida. For example, motorcyclists must:
- Ride astride on their motorcycles.
- Only ride with a passenger if the motorcycle is designed for two people.
- Refrain from riding their vehicle between lanes of traffic.
- Ensure that their motorcycle brakes meet specific requirements for braking force and deceleration performance.
Florida does not require motorcyclists to wear helmets if they meet certain criteria. A motorcyclist does not need to wear a helmet if he or she is over 21 years of age, and has at least $10,000 in insurance to cover injuries in the event of a crash. However, all motorcyclists and riders must wear protective eye wear, such as goggles, when they are on the road.
Motorcycle Accident Cases Based on Negligence
Motorcycle crash victims have a right to sue the person that caused their injuries. If you were hurt in a motorcycle accident, you may file a lawsuit against the person responsible for the accident. In Florida, there is a four-year statute of limitations on personal injury claims. By initiating a claim soon after the accident, you can assert your right to recover damages.
Your suit may be based on a legal theory of negligence. Everyone who uses the streets or highways has a duty to use reasonable care for his or her own safety and for the safety of others. Negligence is the failure to exercise a reasonable degree of care under the circumstances. To hold a party liable under a negligence claim, you would have to show that the party’s failure to exercise care, when it had a duty to do so, caused your injuries.
If you were struck by a car or truck, the driver may accuse you of causing the accident. For example, Florida law requires that a motorcyclist have their headlights on when riding on public streets or highways. A violation of this law may be considered as to the question of negligence, but only if it was the proximate cause of the crash.
If a jury determines that your action (or inaction) contributed, in part, to your injuries, you may still be able to obtain damages. Florida is a pure comparative negligence state. Some states bar recovery if a plaintiff’s degree of fault exceeds that of the defendant. Florida, however, allows plaintiffs to recover damages even if they are more at fault than the defendant. Their recovery will be limited to the extent they are not responsible for their injuries.
If you can show liability, you can recover damages from the party who caused your injuries. You can seek compensation for both economic and non-economic damages, including medical expenses, property damage, lost income, and pain and suffering. You may file a wrongful death and potentially recover damages on behalf of your deceased loved one, including burial expenses and medical bills. It is important to be aware, however, that wrongful death claims are subject to a shorter statute of limitations than general personal injury claims, giving injured parties only two years to file.
Experienced Legal Advocacy – Learn About Motorcycle Laws in Florida
Holliday Karatinos Law Firm, PLLC offers experienced legal representation to motorcycle accident victims. Our Spring Hill motorcycle accident lawyers can help you obtain appropriate compensation from the parties who harmed you. Our attorneys can assess your case and advise you regarding your rights. As our client, you can depend on our aggressive advocacy to help you achieve the best possible outcome for your case. We serve clients in Brooksville, Lutz, and the surrounding communities. Call us or you can reach us online to arrange a free initial consultation today.