Preserving Evidence after a Motor Vehicle Accident
August 10, 2017
Auto Accidents  /  Motorcycle Accidents  /  Medical Malpractice  /  Nursing Home Abuse  /  Slip and Fall/Premises Liability Claims  /  Product Liability  /  General
Can a failure to wear a helmet reduce the claim for damages sustained by an injured motorcycle rider in Florida?
It certainly can. Florida’s a comparative negligence state. To the extent anything that you do, contributed to your injuries, it will reduce your ability to recover damages. Therefore, any injuries that you sustain as a result of failing to wear your helmet, you would be precluded from recovering those damages.
Do motorcycles require PIP coverage?
Motorcycles do not require PIP coverage. The statute specifically defines those vehicles that are required to carry PIP as motor vehicles, and excludes motorcycles from that requirement.
How are motorcycle accident attorneys compensated?
Well, that depends on the firm. All I can tell you is in our firm, for instance, we charge a contingency fee, which simply means that if we’re successful in making recovery for you, we get a fee. We also advance the cost to prosecute the claim and you don’t pay those costs either unless we’re successful at the end of the case. It depends on the firm but many firms do it this way.
How long do I have to file a Florida motorcycle accident case?
In Florida, the statute of limitations for motorcycle accidents is 4 years, so that basically means that if you don’t bring the claim within that period of time, you’re forever barred from doing so. We would suggest that you do work up the case much earlier than that. Actually, time is against you. Time is on the side of the insurance company. You do have 4 years, but we recommend that you work up the case much earlier.
How quickly should I contact an attorney in a Florida motorcycle accident case?
We recommend you contact an attorney as quickly as possible. Obviously the first thing you need to do is get your medical treatment. Once you’ve obtained your initial medical treatment, contact an attorney. The insurance companies are already working on the case. You need to get ahead of that.
I heard that if you are in a car accident and you do not have a seat belt on, your damages can be reduced. Is these any law like that for motorcycles?
Well, that’s correct. We have a comparative negligence statute in the State of Florida which basically says for a car accident, if you’re not wearing a seat belt and you damage your cars by the failure to wear the seat belt, then your damage can be reduced. In a motorcycle accident, even though you’re not legally required to wear a helmet, if you’re not wearing a helmet, and the failure to wear the helmet contributed to your injuries, then your damage will be reduced by that percentage.
I was in a Florida traffic accident when a car turned left in front of me while I was riding my motorcycles. Who is at fault?
Generally in Florida, the vehicle that is turning left into oncoming traffic is going to be cited and be at fault for the collision. Unfortunately, in motorcycle cases a lot of times people assume the motorcyclist was at fault simply because he was on a motorcycle. It’s very important to ensure the police come to the scene to do a thorough investigation, talk to all the witnesses and determine fault.
I was injured in a Florida motorcycle accident, but I wasn’t wearing a helmet Can I still recover damages from the other driver?
Yes, you can still recover damages from the other driver. However, the amount of those damages may be limited by the fact that you weren’t wearing a helmet. Any injuries that you sustained because you weren’t wearing your helmet, you would not be able to make a recovery for.
Is an investigation of my a motorcycle accident case important?
Yes. It’s very important because quite frankly, many people consider motorcycles to be at fault just because you’re out there riding a motorcycle. Of course, when you investigate the accident, then you’ll find skid marks, damage on the road, debris, and that’s important to calculate who was at fault and how the accident happen. It’s important to contact an attorney immediately because he can bring in appropriate experts such as reconstruction experts to determine the liability, which will go a long way to determine how much you collect in damages.
Is any attorney going to help me with my Florida motorcycle accident?
Well I assume that question is asking whether any attorney can? The answer is theoretically yes. Any attorney that is licensed in the state of Florida can handle your motorcycle accident. We would suggest you might want to look for an attorney who’s experienced in that field because there are complexities, that only those who specialize in the field would know.