Motorcycle Accident? Frequently Asked Questions
A motorcycle injury or accident claim can seem to be just like a car accident. However, motorcycle accidents and injuries cause intersections between many different areas of law, including product liability (figuring out who is at fault for faulty products), property law (figuring out who should pay for damages to property, and how much), and personal injury law (figuring out who should pay for healthcare and injuries, and how much). If you have been involved in a motorcycle accident, you may have many questions about your legal rights and obligations, as well as the terminology used. Here are the answers to some of the most frequently asked questions regarding motorcycle accidents:
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.
