Why It Is Important to Understand Comparative Fault in These Cases 

Florida is a comparative fault state, meaning that an accident victim’s recovery will be reduced by the amount of fault that is assigned to him or her. In motorcycle-passenger vehicle lane-splitting accidents, the motorcyclist is likely to sustain more serious and costly injuries, while the passenger vehicle is likely to acquire nothing but a dent. If the motorcyclist’s auto coverage and personal injury protection policy is not enough to cover the cost of damages, he or she may try to pursue additional compensation from the driver of the passenger vehicle and/or his or her insurance company. If the motorcycle operator goes this route, whether or not the driver of the passenger vehicle should foot the bill comes down to who was more at fault: the motorcyclist or the driver?

If you were involved in a lane-splitting accident, the opposing parties will review your conduct as well as the motorcycle operator’s. Were you talking on the phone at the time of the accident? Did you fail to use your blinker before changing lanes? Did you change lanes on a section of road where changing lanes is forbidden? If the motorcyclist and his or her insurer can prove that you were more careless than the motorcycle operator, you may be held liable for damages. However, the amount of damages will be reduced by the percentage of fault assigned to the biker.

On the other hand, if you and your insurer can prove that the motorcyclist was more careless than you—as in, that he or she shared at least 50 percent of responsibility for the accident—then he or she will not be able to recover compensation at all.

Because motorcyclists often sustain much more serious damages and injuries in car accidents, it can be easy to assume that the driver of the passenger vehicle should be held liable for damages. However, the law is not designed to award the most injured party damages, but rather, the more innocent party. If you were involved in a motorcycle/car accident caused by lane-splitting, you may feel as if the whole incident was your fault, but know that it probably was not. Unless you too broke the law in some way, the majority of liability is likely to rest with the biker.

Contact Barbas, Nuñez, Sanders, Butler & Hovsepian Today

If you were involved in a car accident caused by a motorcyclist who was splitting lanes, and if you were contacted regarding a motorcycle accident claim, contact our Tampa car accident law firm today for the help you need to set the record straight. Call Barbas, Nuñez, Sanders, Butler & Hovsepian today to get started.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

What we know about Motorcycle Fatalities 

Although only 3 percent of the vehicles on the road are motorcycles, they account for 20 percent of roadway fatalities. In just 2015, there were over 600 motorcycle deaths. A study done by the National Highway Traffic Safety Administration (NHTSA) points to three key reasons for fatal motorcycle collisions:

• Impaired driving;
• Speeding;
• Riding without a helmet.
  

Here’s another interesting tidbit: although most bikers purport to wear a helmet when riding, less than half of them were actually seen wearing them on the road. That’s a big problem, since four out of ten motorcycle fatalities involve individuals who are not wearing a helmet.

Real Lives Impacted

Sadly, these are more than just ugly statistics. Regardless of the cause of the accident, every single incident involves real people and real tragedy:

• Halloween night 2017 was the last time one man ever rode his Harley. That was the night he collided with another vehicle in a busy intersection, sustaining life-threatening injuries that led to his death. He was not wearing a helmet.
• On the same night, a married couple on their motorcycle crashed into a vehicle that pulled out unexpectedly in front of it. The driver of the bike was seriously injured. His 33-year old wife killed. She was pregnant. Neither of them was wearing a helmet.

Preventing Accidents 

Naturally, every accident is based on a number of factors. Because motorcycles are less visible than cars and trucks, irrespective of who’s at fault, bikers generally get the short end of the stick. That’s what makes it more important than ever that they take extra steps to remain safe. Seasoned riders share this advice:

• Don’t ride with people you don’t trust. If you think your buddy is a lot of fun, but tends to be wild on the road, don’t share the lane.
• Make yourself visible. Wear bright clothing and a helmet, and keep your headlights on.
• Stay off the road if you’re tired. Know yourself, and pull over before the drowsiness hits.
• Keep a minimum of 20 feet between yourself and fellow riders.
• Be especially cautious around semi trucks. Besides the obvious problem of not being seen by big rig drivers, wind turmoil can catch you unaware.
• Wear the right gloves. Your gloves need to fit properly so you don’t have problems with your clutch when an emergency arises.

After an Accident 

If you or a loved one is involved in a serious motorcycle accident, and if that accident was the result of another driver’s negligence or recklessness, you may be entitled to financial damages to assist with expenditures associated with the accident, as well as with the emotional trauma and other costs. At Barbas, Nunez, Sanders, Butler & Hovsepian, our experienced team will help you through the legal process in order to secure the best settlement possible. Contact us in Tampa for a free consultation today.

Resources:

orlandosentinel.com/news/traffic/os-motorcycle-deaths-bike-week-20170311-story.html

floridatoday.com/story/news/2017/11/01/melbourne-man-killed-motorcycle-crash-near-downtown/821095001/

floridatoday.com/story/news/2017/10/31/woman-unborn-child-killed-palm-bay-crash/818652001/

Statistics paint a grim picture

There are more than 8 million motorcycles on the road in the United States, and their related statistics are grim. In 2014 there were more than 4,200 motorcycle fatalities in the United States, which was down from a recent peak of over 5,100 in 2008. Automobile fatalities outnumbered motorcycle deaths by more than 5 to 1, but this is not an accurate comparison, given that the number of motorcyclists is so much smaller. In 2013, the federal government estimated that on a per-mile travelled basis, motorcycle fatalities were 26 times more likely than automobile fatalities.

Motorcycle liability insurance

Motorcycle riders can purchase liability protection for only themselves as a way of keeping their insurance rates down, or they can elect to purchase guest passenger liability for any riders they may have on their backs.

It’s important to know, if you’re ever offered a ride on the back of a motorcycle, whether the rider is insured, and if the rider has any guest rider liability insurance. The dangers of riding are significant, and the costs of medical treatment for accidents are typically higher, because of the absence of physical protection offered by riding inside a vehicle.

Helmets save lives

The most effective tool for saving lives, not surprisingly, is the motorcycle helmet. The federal government estimates that over 1,600 lives were saved by helmet use in 2013, and an additional 715 lives could have been saved if all cyclists had been wearing helmets. The rate of helmet use by motorcyclists is estimated at 60 percent. Nineteen states and the District of Columbia had laws requiring the use of motorcycle helmets as of 2013.

The federal government reports that there were more than 88,000 motorcycle injuries in 2013, for a rate of slightly more than 1,000 injuries for every 100,000 registered motorcycles. This represents a decline, in both absolute and relative terms, from the peak year of 2007. In terms of injuries per miles traveled, the 2013 injury rate was slightly over half of the highest level recorded, in 2005. This is a fairly dramatic drop, and suggests that great improvements have been made in motorcycle safety in the past decade.

Protecting yourself post-accident

Motorcycle accidents can be a painful and life-altering experience.  An experienced lawyer can assist you with identifying the responsible party, and determining the amount and type of liability insurance available to pay for medical damages and other losses.  At Barbas, Nunez, Sanders, Butler & Hovsepian, experienced Tampa personal injury lawyers are available to help.  Call toll-free at 1 (800) 227-2275 for a consultation today.

Unique Issues

Motorcycles lack the protections of a standard automobile. This means that injuries sustained are more complex and involve more extensive proof, treatment, and evaluation than injuries sustained in other types of accidents. Injuries are also generally more serious and often more permanent than injuries sustained in other manners. Motorcyclists also suffer from a stigma of driving an inherently dangerous vehicle or somehow being responsible for their own injuries by virtue of driving a motorcycle, even if they have in no way contributed to the accident. Motorcycle accident cases are not necessarily like other types of accident or personal injury cases.

Causes

Motorcycle accidents can be caused in a variety of ways, which often boil down to another vehicle failing to properly “share the road”. Being a smaller vehicle immediately adds risk, as careless drivers of other vehicles may miss the presence of smaller vehicles on the road. Motorcycle accidents can be caused by drivers of other vehicles failing to watch for motorcycles appropriately, turning into a motorcycle’s path, or sideswiping. Drivers of other vehicles also may drive distractedly, text or use a phone while driving, speed, or participate in other reckless or negligent driving activities that can be hazardous to motorcyclists. And of course, sudden stops or the presence of a neglected open car door on the side of the road can be extremely hazardous to operators of motorcycles.

Compensation Types

Motorcyclists who have been injured in motorcycle accidents may be eligible for many different types of compensation that can aid their recovery. A settlement in a motorcycle accident likely would include past, present, and future medical and rehabilitation costs. An injured motorcyclist may also recover damages for scars, disfigurements, or permanent disabilities, pain and suffering, lost wages, and loss of enjoyment of life. If the injured party has lost wages or will no longer be able to earn the same salary or perform the same work as that which they were able to perform before the accident, they may also recover lost wages and relief for loss of earning capacity. The motorcyclist can also recover for property damage, including damage to the motorcycle. If the motorcyclist is deceased due to the accident, surviving loved ones may also recover for wrongful death.

What to Do

Have you or someone you love been in a motorcycle accident? If so, you may be eligible for compensation to aid in your recovery. If you are interested in recovering compensation or simply exploring your options, you may need the assistance of a qualified personal injury and accident lawyer. At Barbas, Nunez, Sanders, Butler & Hovsepian in Tampa, our experienced personal injury and accident lawyers are available to discuss your case and advise you on your next moves. Call toll-free at 1 (800) 227-2275 for a consultation today.

What Should I Do If I Am Involved in an Accident?

If you are involved in an accident, prioritize your health and safety first. Then, document any injuries or damage to your motorcycle. Get a copy of the police report. Take photos, keep copies of healthcare records, and record insurance information. Meeting with an lawyer as soon as possible can help ensure that you don’t admit fault, sign away your rights, or forget to take an important step in filing your claim if you decide to do so.

Does It Matter If I Was Not Wearing a Helmet?

In the state of Florida, helmets are not required if the motorcycle rider is over the age of 21 and has at least $10,000 in health insurance. Other states have mandatory helmet laws for all motorcycle riders. But regardless, not wearing a helmet is not an automatic bar to recovering relief. Another party may still be responsible for your injuries, and you may still be eligible to recover damages or relief to cover your medical bills or to repair or replace your property.

I Keep Reading about Comparative Fault. What Does that Mean?

Different states handle situations in which multiple people including the injured party share fault. The state of Florida uses a model of pure comparative fault. This means that even if your injuries are partly or even mostly your fault, you may still be able to recover, but the amount of damages for which you could be eligible may be limited. For instance, if you failed to use a turn signal but the driver that struck you was text messaging, being partially at fault may not automatically prevent you from recovering relief from the texting driver. However, the quantity of damages you receive may be affected by your partial responsibility.

I Need More Information. Where Can I Find It?

An lawyer can assist you in determining whether you have a claim for injuries resulting from a motorcycle accident and, if you do, how best to assert it. But not every lawyer is experienced with the complexity of law surrounding motorcycle accidents. At Barbas, Nunez, Sanders, Butler & Hovsepian, lawyers experienced in motorcycle accidents specifically are available. If you have been injured in a motorcycle accident in Tampa, call toll-free at 1 (800) 227-2275 for a consultation today.