Every year, motorcyclists receive tens of thousands of injuries while driving on the road. However, it is encouraging to note that motorcycle injury rates have been going down in recent years. Although motorcyclists suffered about 100,000 injuries in 2007, there were only about 83,000 motorcycle injuries in 2021.
Some motorcyclists never take the time to learn about motorcycle injury law. However, receiving an injury in a motorcycle accident can place you in both a serious medical situation as well as a serious legal situation.
If you are at fault for the accident, you may be on the receiving end of a lawsuit or need to cover damages for the other party. On the other hand, if the other driver is at fault, then you may be able to receive compensation to help take care of the damages you suffer.
However, if you are found to be negligent, then you may not be eligible for compensation, or you may be eligible for less compensation.
So what are the most vital things to understand about motorcycle injury law in Daytona, Florida? Read on to learn all about what you need to know about motorcycle injury laws!
The Importance of Knowing Motorcycle Laws
Many motorcyclists have no idea what their rights are after being involved in an accident. Some of them have a vague understanding that the other party may be required to compensate them for their injuries, but if they do not understand motorcycle injury laws in Florida, this can seem like a very uncertain possibility.
Faced with that uncertainty, some motorcyclists end up doing nothing. Many motorcyclists are more concerned about recovering from their injuries than about their legal situation after an accident. However, recovering from injuries can be difficult, so it can help to receive just compensation for the damages caused to you.
On the other hand, you will need to understand motorcycle accident laws in Florida so that you can obey all of the relevant laws while riding your motorcycle.
Failing to do so might have serious ramifications for your eligibility for compensation after you are involved in a motorcycle crash. If you have been violating motorcycle laws in Florida, you may not have the legal standing to sue for damages.
Motorcycle Insurance Laws in Florida
The laws in Florida regarding motorcycle insurance can be complicated. Whether you choose to wear a helmet while you ride can change what kind of insurance you need.
If you want to ride without a helmet, then you will need to have medical insurance to take care of you in case you get into an accident. Florida requires that your medical insurance cover at least $10,000 in expenses if you don’t wear a helmet.
Whether or not you wear a helmet, you will also need to have liability insurance. There are three kinds of liability coverage you will need.
First, you will need $30,000 worth of single incident liability coverage. Next, you will need an additional $20,000 for total bodily injury coverage. You also need $10,000 of coverage for property damage and bodily injury.
If you do not have this insurance, it can reflect negatively on you if you try to take an injury case to court. Of course, that does not necessarily mean that you have no chance of receiving compensation for damages caused to you by another driver. However, it can weaken your case.
Comparative Negligence Motorcycle Accident Laws
Florida motorcycle accident laws use a comparative negligence system. That means that if you try to take a case to court, the judge will attempt to assess whether or not you contributed to the accident in some way.
If you did, then you may be assigned some amount of responsibility for the accident. As a result, you will not be able to receive compensation for all of the damages you receive.
For example, if you receive $5,000 in damages, but the court finds you to be negligent, then you might bear 20% of the responsibility for the accident. In such a case, you might only be able to receive $4,000 in damages.
Of course, all of this assumes that the other driver is the main one responsible for the accident. It is important to understand that if you are the cause of an accident, you cannot sue for compensation no matter how serious the injuries you receive are.
On the other hand, it is also worth understanding that it does not matter if the other driver is at fault for an accident if you do not receive damages as a result. If you do not suffer damages as a result of the accident caused by the other driver, then you will not have the legal standing to sue for compensation.
Motorcycle Endorsement Laws
To legally ride your motorcycle, you will need a motorcycle endorsement.
That means that your driver’s license will show that you have received special training for operating a motorcycle.
Motorcycle Headlight Laws
In Florida, motorcyclists are required to keep their headlights on at all times, even if it is the middle of the day. If you fail to do this, then a court might determine that you were negligent.
That may reduce or eliminate your ability to sue for damages. However, this will only happen if your failure to use your headlight is found by the court to be part of what led to the accident. If you are rear-ended from behind, it is unlikely that your proper use of a headlight or not will have any relevance.
Lane Laws for Motorcycles
Florida does allow motorcyclists to share a lane with another rider. However, Florida motorcycle laws do not allow lane splitting. Lane splitting, or riding a motorcycle in between lanes of traffic, is illegal in nearly every state, the only exception being California.
If you are participating in this kind of behavior when you suffer from an accident, there is a strong chance that the court will consider you negligent. In fact, a court might even determine that you are the one at fault in the accident.
Helmet Laws in Florida
As we have discussed, Florida gives motorcyclists the option of riding without a helmet. However, this is only available to motorcyclists who are 21 or older with proper insurance coverage.
However, if you decide to ride without a helmet, you will be much more susceptible to injuries. If you suffer an injury in an accident caused by another driver, your failure to wear a helmet might convince a judge that the other driver is only responsible for part of your injuries.
That is one more way that you can end up with reduced eligibility for compensation for your damages.
When Do You Need a Motorcycle Injury Lawyer?
If you are unsure whether you have a case worth bringing to court, you might want to speak with a personal injury lawyer as soon as possible. If it turns out that you don’t have a strong case on your hands, it can be helpful to know that for sure so you can focus on your recovery.
On the other hand, your lawyer might tell you that you have a strong chance of winning compensation for your damages. Of course, this may only be necessary if the driver who caused the accident is unwilling to take care of your damages voluntarily. However, if they refuse to do so, you may need to take them to court to ensure that they fulfill their obligations.
If you are determined to take a case to court, you will definitely want a lawyer on your side to give you the best chance of winning. Your lawyer can also increase the amount of compensation you are likely to win.
Finding the Right Daytona Lawyers for You
There are many lawyers who work in personal injury law, so it can be difficult to know which attorney is the right option for you. However, it is often helpful to look for lawyers who have a special emphasis on working with motorcyclists.
You also want to find a motorcycle accident lawyer with a strong track record of success. You might want to look at reviews online to give you a sense of how happy past clients have been with the services of the lawyer you are considering.
Know the Essentials of Motorcycle Injury Law
After being involved in a motorcycle accident, the more you understand motorcycle injury law, the better the chance you will make the right choices as you navigate a difficult legal situation.
Depending on your situation, you might be able to receive compensation to help you cover your medical expenses and other damages. Taking the time to find the right lawyer in Daytona can help you decide how to proceed.
To learn more about how you can find the best motorcycle injury attorney assistance for you, reach out and get in touch with us here at any time!