How Is Fault Determined in a Florida Motorcycle Accident?

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If you or a loved one recently went through a motorcycle crash, you’re probably trying to figure out how to recuperate physically, emotionally and financially. In these cases, motorcycle accident fault determines if you can receive compensation and how much you can get.

Find out more about determining fault in an Orlando motorcycle accident and how the attorneys at JustCallMoe can assist you.

Who Could Bear Responsibility for a Motorcycle Accident?

In many collisions, the at-fault party is another motorist. However, someone else could be responsible, or a combination of factors may have contributed to the crash.

Our lawyers will help you determine if you should bring a claim against:

  • A vehicle owner
  • The employer of an on-duty driver
  • A government agency
  • A vehicle or parts manufacturer

Other third parties could also be at fault. Property owners, pedestrians, cyclists and passengers could play a part in an accident. You have every right to bring a case against them if you can prove they also have liability.

What Causes Motorcycle Accidents?

As you might assume, many motorcycle accidents occur because of speeding. However, this type of motorcycle accident fault doesn’t just fall on riders. The Florida Highway Patrol has noticed a significant increase in vehicles traveling over 100 mph.

Other causes of road accidents include:

  • Aggressive driving or road rage
  • Impaired, drowsy or distracted driving
  • Recklessness and racing

Other accidents occur just because of human error. An unintentional mistake can have disastrous consequences. This is especially true if a driver has hearing or vision problems and doesn’t see a hazard until it is too late.

If a Motorcycle Hits a Car, Who’s at Fault?

In most rear-end accidents, the rear vehicle bears most of the fault. However, this is not true in every instance.

The front vehicle may have been driving erratically or made a sudden move that made it difficult for the rider to avoid. If a front vehicle intentionally tries to get you to hit them, this also affects motorcycle accident fault and liability.

Dooring is another cause of accidents that affects who’s at fault if a motorcycle hits a car. If a driver or passenger opens a door and doesn’t check oncoming traffic, that individual would likely bear most of the fault.

Instead of assuming you were at fault for an accident after hitting a car, talk to our team. An initial consultation is free, and we can help you figure out if you have a case.

Does Florida’s No-Fault Insurance and Personal Injury Protection Statutes Affect Motorcycle Accident Fault?

Florida is one of 12 no-fault states. In this system, insurance companies must supply personal injury protection that covers a specific amount of damages, no matter who is at fault in an accident. In Florida, this amount of coverage is $10,000.

However, the rule only applies to cars and other four-wheeled automobiles. Motorcycles do not get no-fault protection.

As a rider, that means you automatically have to determine who is liable after an accident if you want to recover damages. After a collision, don’t hesitate to call our team. We’ll help you start working out who is liable for your motorcycle accident.

How Does Florida’s Pure Comparative Fault System Affect Motorcycle Accident Fault?

Florida is also an outlier in its negligence laws. The state follows the pure comparative fault system. This arrangement lets you seek damages even if you are partially at fault for the accident.

As a result, you can claim damages from any and all parties who are liable for the crash. However, the court or insurer will deduct the percentage of fault that it finds you have for the accident.

To illustrate, the insurance company may assert that you are 15% at fault for the accident, according to available evidence. If your damages are worth $50,000, you would be able to recover $42,500.

This demonstrates why it’s so important to act quickly to gather evidence and show the level of fault that other parties had in the incident. With clear proof, you can present a stronger claim that can result in higher compensation.

What Evidence Is Necessary for Determining Fault in an Orlando Motorcycle Accident?

Whether your case goes before a court or you settle with the at-fault party, evidence is necessary to prove your case.

Key pieces include:

  • Photos and videos from the scene
  • Medical records, lab test results and imaging scans
  • Eyewitness testimony
  • Footage from dash cams, nearby security surveillance and traffic cams
  • Information from vehicle black boxes and cell phones

Some of these items can be challenging to secure. Our team has ample experience in gathering such evidence to prove how much motorcycle accident fault someone has.

Additionally, you must prove your injuries are significant and permanent to claim pain and suffering in an accident.

Since no one can see the future, you need reliable testimony or documentation from experts to establish the extent of your injuries. We’ll help you obtain what you need to claim what you deserve.

How Does Our Firm Use Evidence To Prove Negligence?

Injury evidence alone doesn’t establish your case. You have to explain or interpret the information to prove someone’s negligence. This includes understanding how specific laws and regulations would apply to other drivers and parties to the accident.

Our team uses the evidence to show that the liable parties breached their duty to act safely and caused your accident.

The insurer or court also requires us to make a direct connection between the accident and any harm or financial loss you experience.

Following the procedures to prove all of this is especially difficult when you’re recovering from injuries or managing the affairs of a loved one. We take that burden off of you and give you the confidence that you are bringing a well-rounded case.

Contact Our Orlando Lawyers To Help You Prove Motorcycle Accident Fault

When you need help proving motorcycle accident fault after getting injured on the go in Orlando, contact JustCallMoe! Our legal team is ready to help you determine what to do next with a free consultation. Reach out to us today.

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