You’ve been in a Florida motorbike accident. What now?

Florida’s traffic-jammed highways are certainly not ideal for motorcycles, though the state has some good roads for bike enthusiasts. Motorcycles account for one-fifth of all motor vehicle deaths in Florida. However, only one in seven riders wear a helmet, and one in five riders does not have motorcycle insurance.

What is the duty of care in Florida motorcycle accidents?
Motorcyclists are expected to follow the road rules. These rules are applicable to drivers of every vehicle in Florida. This implies the same traffic laws, though it also means they get the entire lane to themselves. A motorcyclist cannot split lanes or weave between lanes of traffic if things become clogged up with cars.

In Florida, it is required for motorcycle riders to take a Basic Rider Course and to get a proper license. When it comes to insurance coverage, PIP insurance, or personal injury protection, is only required for four-wheeled vehicles in Florida. Also, helmets are not required for riders who are more than 21 years old and have an insurance policy that carries at least $10,000 in medical coverage.

When a motorcyclist gets into an accident, the duty of care is like any other negligence case. This clearly indicates that the accident was caused by someone’s careless actions. Thus, the victim must establish that he was owed a duty of care by the defendant; he somehow breached that duty; the breach caused the plaintiff’s injuries; and it caused damages.

What to know about the road conditions in Florida?
Road conditions around a vehicle accident can change a situation. This can be the case in scenarios involving motorbikes. Florida has many dangerous roads.

Right after an accident, you or someone on your behalf should fill out an accident report with as many details as possible.

You can keep a sample post-accident report form to keep in your glove box. You can fill it out at the scene or as soon as you can after a car accident.
Some of the other conditions, like rain, can become big factors in accidents as well. This is more so if a bike skids out. Here is when a motorcyclist is required to be able to demonstrate his or her own level of care. A proper history of maintaining the bike can be shown through an inspection record.

How much is that claim worth?
In Florida, you can recover compensatory damages. This term is used to refer to an amount of money that is intended to restore you to where you were before the injury. These can include economic damages and non-economic damages.

What are the economic damages?
Such damages include medical expenses, lost income, lost earning capacity, property damage, estimated future medical expenses, out of pocket costs etc.

What are the non-economic damages?
These damages include pain and suffering, mental anguish, loss of consortium, inconvenience, emotional distress and loss of enjoyment of life.

What are punitive damages?
These damages are intended to punish the party that was at fault. These are awarded in rare Florida personal injury cases. For a case to qualify for punitive damages, the defendant’s conduct needs to have been wanton, willful, reckless or malicious. However, even then, Florida law limits punitive damages to a maximum of $500,000 or three times the amount of compensatory damages, whichever is greater.

Florida’s statute of limitations for these personal injury cases is usually four years. However, in case the worst were to occur and the motorcyclist was to die as a result of his or her accident, that limit would shrink to two years.

How to determine fault in a Florida motorcycle accident?

It is not at all easy to decide who is guilty when it comes to a motorcycle accident in Florida. Florida is a no-fault state. This clearly implies that in the event of an accident, motorists are expected to turn to their own vehicle insurance for coverage.

Most of the motorcyclists aren’t required to carry personal injury protection (PIP) insurance. However, Florida does require riders to carry $20,000 of total bodily injury or $10,000 per-person bodily injury, and $30,000 single-limit liability.

Such a no-fault system is intended to relieve the court system of smaller cases that an insurance adjuster can handle. However, in case of injuries are considered “permanent,” the victim can sidestep this system. He can then sue the other driver for compensation. In such cases, you may need the help of a specialized motorcycle accident attorney.

What is a permanent injury?
A permanent injury can be defined as a significant and permanent loss of an important bodily function; an injury within a reasonable degree of medical probability, other than scarring or disfigurement; a significant and permanent scarring or disfigurement or death.

Usually, Florida follows the “pure comparative negligence” system. This indicates that even if the motorcyclist were 99% responsible for his own accident, he could still recover for that 1% left over.

What is a To-do list after your accident?
In case you’ve been in an accident, there are several steps to take that can impact your case. These include:

•Try to stay at the scene
Stay with your vehicle and wait for the police till the ambulance arrives. This way you can properly complete an accident report.

• Collect as much information as possible
Try to get the other person’s name, contact information, insurance information, driver’s license number, license plate number, car make and model, witness contact information, and take down any details about the accident itself. In case you’re not coherent enough to do this, get someone else to do it.

• Do not go for small talk
Try not to converse with the other party except to exchange information. Never apologize either.

• Try to get checked out
Consider going to the hospital and then follow up with your doctor, even if you don’t feel like it’s necessary. In case your injuries take a while to manifest, they might not connect the dots and deny treatment.

• Record the symptoms and costs
Keep track of your symptoms and medical bills. A post-accident journal and an expense sheet can help to reduce downtime when organizing everything.