When Is Someone Entitled To A Claim In A Motorcycle Accident?


What Makes A Viable Motorcycle Accident Case?

You look first at who is at fault, then you would look at the seriousness of the injuries. You look at the property damage and the insurance coverage. As far as who is at fault, if the motorcycle driver is at fault, then there is not going to be much of a case for that person. When looking at the seriousness of the injuries, motorcycle accidents usually have the more serious issues.

If there are no injuries, then there is no personal injury case. In a motorcycle accident, the property damage is usually pretty significant to the motorcycle. You also want to look to see what insurance coverage is available.

If the driver that was responsible for the accident does not have bodily injury insurance, then we look to the driver of the motorcycle to see if they have UM (Uninsured/Underinsured Motorist Coverage). There are cases where there is no bodily injury coverage or the limits of that coverage are too low to cover the losses.

For example, if the bodily injury coverage is $10,000, in motorcycle accidents that involve a head injury, that $10,000 is most likely not going to be sufficient to pay for all of the related medical expenses. You need to look at your own insurance or uninsured/underinsured motorist coverage at that point.

As A Passenger On A Motorcycle, Are My Rights To Compensation The Same As The Driver?

Yes. You are entitled to the same compensation as the driver of the motorcycle. You are not entitled to PIP benefits as a rider, just as the driver is not. If the motorcyclist is at fault, then you have the ability to go after the insurance company of the motorcycle driver. If the other motor vehicle is at fault, then you can go after their insurance. This will include the bodily injury and/or the uninsured/underinsured motorist insurance of the driver of the bike or your own.

What Happens If The Motorcycle Rider Is Partially At Fault? How Is Negligence Addressed In Florida?

That would be a case of comparative negligence. If the driver of the motorcycle is at fault at all for the accident, then it is a comparison of fault. For example, the damages the jury finds to be $100,000 but they also find that the motorcyclist was speeding when the other car pulled out in front of them, then they assign fifty-fifty responsibility to each, so the recovery amount would be $50,000.

What Are The Types Of Damages Someone Can Hope To Recover In A Motorcycle Accident Case?

They are basically the same as in a motor vehicle accident case. You can obtain payment for past and future medical expenses. Whatever medical expenses you incurred up to that date and those reasonably foreseeable in the future.

Do Other Motorists Have A Certain Duty Or Responsibility To Motorcyclists?

They have the same duty as they have to everyone else that’s on the road. It could be a bicyclist or somebody else in the motor vehicle accident. The motorcyclists have the same responsibility for keeping an eye out for everything around them.

If you have been Involved In A Motorcycle Accident and don’t know if You have a Viable Claim, call the office of Franco Law Group P.A. for a free initial consultation at (813) 873-0180 and get the information and legal answers you’re seeking.

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