04/17/2018 8:21 pmBike Week was March 9 through March 18, 2018. Every year, thousands of riders descend on the Florida coast for a series of shows and events that celebrate motorcycle culture and attendees’ shared passion for seeing the country on two wheels.
Unfortunately, Florida has the nation’s highest rate of motorcycle fatalities, and each year March is one of the busiest months for highway accidents in Florida. If you were injured in a motorcycle accident during Bike Week, here are some key facts you need to know:
Unlike the surrounding states, Florida follows a “no-fault” rule with regard to auto insurance liability. This means that your initial source of compensation is typically your own personal injury protection (PIP) coverage. If you suffered serious and permanent injuries and the driver who hit you has bodily injury liability (BIL) coverage, once you exhaust your PIP coverage, then you can file a fault-based claim against the driver’s BIL policy.
What if you were partially at fault in the accident? What if you chose not to wear a helmet, and your injuries could have been mitigated by wearing proper safety gear? Once your losses exceed your PIP coverage, your right to recover is subject to Florida’s law of “pure comparative fault.” This means that if you were 25 percent at fault in the accident, you are entitled to recover 75 percent of your losses. Who determines your percentage of fault? In insurance settlement negotiations, this is a matter to be sorted out between your attorney and the insurance company. If your case goes to court, your attorney will work to convince the jury that your role in the accident was minimal.
While most motorcycle accidents are the result of rider or driver negligence, there are other factors that can be to blame as well. Did you lose traction on gravel or a slippery corner? Did your brakes or throttle cable fail? When seeking compensation for motorcycle accident injuries, it is critical to explore all potential causes so that you can maximize your financial recovery.
No one likes dealing with the insurance companies; and, if you were seriously injured in your accident, you have enough to worry about without wondering if the insurance companies are trying to take advantage of your situation. But, it is important not to wait to enforce your legal rights. Evidence can disappear and memories can fade quickly, and taking action promptly is the best way to protect your claim for maximum compensation.
If you were injured in a motorcycle accident during Bike Week, you can contact a Fort Walton, FL motorcycle accident attorney for a free, no-obligation consultation. To speak with an experienced attorney in confidence, please call (850) 682-2757 or request an appointment online today.
