People tend to assume that a motorcycle rider is someone who is reckless by nature due to the inherent dangers associated with motorcycles. As such, when a motorcycle accident occurs, people—and insurance companies—tend to try to pin the blame on the motorcyclist right away. Of course, this is not correct, and it is not true to say that motorcycle riders are always partially liable for their crashes. In reality, a motorcyclist is only at-fault for an accident when they commit some sort of motorcycle negligence.
Negligent actions or behaviors that may increase a motorcyclist’s liability in a motorcycle accident include:
- Lane-splitting: When a motorcycle rides in-between lanes and vehicles to travel faster, it is known as lane-splitting. Not only is this riding behavior dangerous, it is also strictly illegal in most states, including Florida.
- Intoxication: Drunk driving is extremely dangerous, yet intoxicated riding is all the more hazardous. Maintaining balance on a motorcycle can be a difficult challenge for a veteran rider even after just one drink.
- Speeding: Motorcycles give a sense of speed just by looking at them, but speeding while riding is still illegal. Some negligent motorcyclists may be tempted into speeding, which greatly increases liability in personal injury claims.
- Texting: The nation is currently struggling with distracted driving caused by the advent of the smartphone. Motorcycle riders are unfortunately no exception.
- Inexperience: A motorcyclist who does not know how to safely control their vehicle, or how to readily avoid a motorcycle accident, could be found more at-fault for a crash due to inexperience. This will be especially true if the rider is unlicensed.
Legal Representation After a Motorcycle Accident in Florida
Florida’s PIP coverage or no-fault auto insurance means you should receive some compensation after being in a motorcycle accident, regardless of who caused it. However, there are situations where the compensation given is not enough, and the liable party acted so recklessly, a personal injury claim for further compensation is warranted. If you were seriously injured in a motorcycle accident as a motorcyclist, motorist, or pedestrian, you can rely on Attorney Bryan Caulfield in Clearwater. Since 1988, he has been representing the wrongfully injured and achieving incredible success for them.
Get a Board Certified Civil Trial Lawyer on your side. Call (727) 308-6060 for a free consultation today.