Recovery After A Motorcycle Accident
Motorcycle cases typically result in more serious injuries than a traditional automobile accident, resulting in longer hospital stays and greater medical expenses. Getting compensation for these injuries is often critical to maintaining financial stability after the accident. Because of this, a prompt investigation to preserve all evidence and discover all potential sources of legal and/or financial responsibility becomes critical to a case’s success.
At Kirilloff Jowers, P.A., we are always ready to initiate a detailed investigation to determine the true cause of an accident. Our goal is to get you the compensation you deserve after a serious or catastrophic injury or the loss of a loved one in a fatality.
Causes Of Motorcycle Accidents
Motorcycle accidents are often caused by drivers who are inattentive, distracted (texting), failing to follow traffic laws or under the influence of drugs or alcohol. Poorly maintained roads are also contributing factors in some accidents. Motorcycle manufacturers, vendors and businesses that rent motorcycles to customers may be liable for accidents as well.
Information about liability in motorcycle accidents in Florida can be found through this link. Personalized application of our state’s laws to your case can provide a roadmap for your personal injury claim.
Frequently Asked Questions After A Florida Motorcycle Crash
Navigating complex legal and insurance challenges after a motorcycle accident often brings up difficult questions about your rights and long-term financial recovery. Our team regularly addresses key concerns to help injured riders understand their legal options, avoid common defense tactics and fight for fair outcomes. Below, our attorneys provide answers to several vital questions that clients frequently ask during initial case evaluations.
How do I get my motorcycle repaired or declared a total loss — and who pays?
The at-fault party’s property damage liability insurance policy typically covers the reasonable cost to repair your motorcycle or pays its fair market value if determined to be a total loss. Alternatively, you may choose to process the claim using your own collision coverage for a faster payout, after which your insurer will seek subrogation reimbursement from the responsible driver. Providing independent repair estimates and detailed documentation of custom upgrades can ensure the insurer uses an accurate valuation of your motorcycle’s true cash value.
Is lane splitting legal in Florida, and does it affect my motorcycle accident claim?
Under Florida law, passing off-lane, sharing lanes or riding between lanes of moving traffic – commonly called “lane splitting” – is strictly illegal. Engaging in this prohibited maneuver can lead an opposing insurance company to assign comparative fault to you, which reduces your recovery or completely bars it if you are found to be more than 50% at fault under Florida’s modified comparative negligence standard. However, receiving a traffic citation for lane splitting does not automatically bar a financial recovery if the other driver’s underlying negligence was the primary cause of the collision.
What if I wasn’t wearing protective gear – can the insurer use that against me?
Florida law mandates motorcycle helmets only for riders under 21 years old or those carrying less than $10,000 in qualifying medical benefits insurance, meaning failing to wear a helmet is generally not a traffic violation for eligible adult riders. While aggressive insurance defense lawyers might attempt to argue that missing protective gear contributed to the severity of motorcycle-crash injuries, this defense does not eliminate driver liability under state law. Under comparative negligence rules, the defense carries the burden of proving with concrete medical evidence that the lack of gear directly caused or worsened specific injuries.
Reach Out To A Personal Injury Attorney
At Kirilloff Jowers, P.A., our lawyers work hard to build trusting attorney-client relationships. This is one of the secrets of our many successful case outcomes for people injured in motorcycle accidents.
To schedule a free consultation, call our Jacksonville office at 904-274-3947 or send us an email inquiry.