If I was lane splitting when I was hit, do I still have a case?
Lane splitting is when a motorcyclist drives between two lanes of stopped or slow-moving cars. While it’s not illegal in some states, this behavior is against the law in Florida. If an accident happens when a motorcycle is lane splitting, the operator is likely to be held liable for the collision. In Florida, the victim of an accident gets compensated to the extent that their negligence didn’t contribute to an accident. But if a motorcyclist is at fault, it’s going to be difficult to recover compensation. The only exception is if the motorcyclist can show the other driver contributed to the accident through carelessness (such as texting while driving).
Do I need to have motorcycle insurance in order to file a lawsuit?
While in most states motorcycle insurance laws are comparable to other motor vehicle laws, Florida is an exception. Drivers in Florida are required to carry personal injury protection (PIP) as part of the state’s no-fault insurance laws, but it only applies to drivers of motor vehicles with four or more wheels. PIP is not available to a motorcycle owner even if that person carries PIP for another vehicle. That can put the motorcyclist at greater risk of not just physical injuries from an accident, but long-term financial disaster as well. A motorcycle operator would need to pursue compensation from the other driver’s insurance for medical bills, lost income, and pain and suffering. A motorcycle owner can obtain uninsured motorist coverage (UMC) in the case of a collision with a driver who doesn’t carry liability insurance.
Does it matter if I was wearing a helmet or not at the time of my accident?
Florida law states that bikers don’t need to wear helmets if they’re over the age of 21 and carry at least $10,000 of medical coverage to assist with any medical bills brought on by their decision not to wear a helmet. Both drivers and passengers under age 21 must wear helmets, as required by federal law. Helmet use doesn’t change the other driver’s liability in an accident. Even if you decided not to wear a helmet while riding your motorcycle, if the other driver caused the accident, you can still claim the same compensation.
Do I Need to Hire a St. Petersburg Motorcycle Accident Lawyer?
There are many advantages to hiring a St. Petersburg motorcycle accident attorney. An attorney will handle the crucial details of the accident so you can focus on recovering from your injuries. This takes a huge burden and stress of your plate. They will help you determine whether or not you’re entitled to compensation by collecting witness statements, examining accident reports, reviewing damages to the motorcycle, and examining the driver’s driving record. Hiring a St. Petersburg motorcycle accident attorney will ease the accident process and better your chances of receiving the settlement you deserve.
What Damages Can I Recover for My Motorcycle Accident Claim?
With an experienced motorcycle accident lawyer by your side, you may be able to file a claim for the following: your past, present, and future medical care costs and lost wages for the time you missed from work following the accident, future income loss, trauma from the pain and suffering, and property damage.
How Long Will It Take for My Case to Be Resolved?
The length of a motorcycle accident case depends on certain factors, including the complexity of the accident and the severity of injuries. A qualified St. Petersburg motorcycle lawyer may be able to discuss your options with you regarding your specific case as no two cases are the same.