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Motorcyclists, bikers, motorcycle accidents, motorcycle driver

Have you heard the expression “blame the victim”? It certainly applies if you are a motorcycle driver that has been in an accident – and was completely not at fault. With that awareness, you must consider filing a lawsuit against the party to blame if you were in an accident while riding your motorcycle.

There are several ways a car driver was negligent, therefore causing the accident. Here are some:

  • Speeding
  • Failing to stop at a traffic signal/stop sign
  • Improper lane change
  • Driving Under the Influence (DUI)
  • Rear end collisions/ Head on collisions
  • Improper turn
  • Failure to signal a turn
  • Following too closely
  • Failure to yield the right of way
  • Reckless driving

And yet, even when an accident is clearly the car driver’s fault, many insurance companies fail to provide motorcycle accident victims with payment for their injuries, medical bills, lost wages and other costs. This practice is incredibly frustrating.

What is the law in Florida for motorcycle accident cases?

Florida is a no-fault insurance state; all vehicles with four or more wheels are required to carry Personal Injury Protection (PIP) insurance, so motorcyclists are exempt. This coverage for auto drivers is enormously beneficial to the motorcyclist when seeking payment for medical bills.

Important to note that if the motorcyclist has PIP on another vehicle (one with 4 wheels, for instance), that coverage does not extend to the motorcycle.

How does a motorcyclist sue?

Even though Florida is a no-fault state, there are exceptions. In this context, when a car driver’s negligence results in injuries that exceed PIP’s limits, another party can sue. This is analogous to how passengers can sue drivers if they are hurt in an accident.

The motorcycle rider who was in an accident may not have any insurance to cover medical bills. So, s/he has to file a lawsuit in order to pay medical expenses.

What types of damages are possible for the motorcyclist/plaintiff?

  • Medical Bills (hospitals, doctors, medication, tests, present and future treatment)
  • Pain & Suffering (the extent of the pain, as well as the duration)
  • Lost Wages (money that could have been earned had the accident not occurred, plus recovery time)
  • Loss of Consortium (spouse of victim can file for loss of marital relations)
  • Mental Anxiety (fear, grief, and other mental health issues that resulted from accident)

For more legal advice on motorcycles, cars, trucks or even boats, schedule an appointment at , Goldman, Babboni & Walsh today. Our expert lawyers are experienced in getting justice for personal injuries, auto accidents, wrongful death and more. Email us today for a free case review at [email protected].

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Motorcyclists, bikers, motorcycle accidents, motorcycle driver

Goldman Babboni Fernandez
Murphy & Walsh

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