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The Importance Of Motorcycle Safety In A Florida Accident Claim


Florida is the perfect state for riding a motorcycle. The year round warm weather, flat roads, and great scenery makes our state heaven for riders. However, many Florida drivers don’t take adequate caution around motorcycle riders, so we also have the highest rate of motorcycle accidents in the country. Most of these accidents occur between March and May, so it’s important to exercise extra caution this coming season.

Motorcycle Safety Tips

If you are a rider, you should make sure you ride safely. Here are some basic safety tips to always follow:

● Ride defensively, many drivers do not even see motorcycle riders before it is too late

● Always wear a helmet with protective face shield and eyewear and padded or armored gear to reduce your injuries in the case of an accident

● Maintain your motorcycle to avoid accident from mechanical failures and test your brakes, throttle, tires, lights, and fluids before riding

● Never ride distracted, tired, or under the influence of alcohol

● Obey all traffic laws including posted speed limits, signs, and signals

● Practice your riding skills before going into high traffic areas or riding on streets with high speed limits

● Avoid bad weather like rain and high winds

● Watch out for any road hazards like potholes, loose pavement or gravel, and liquids

Florida’s Comparative Fault Laws

Exercising caution and riding safely within the law is not just important to avoid accidents, it can also help you if you are hit by another driver. In the state of Florida, motorcycle accident damages are determined by comparative fault. That means that if you are in an accident and the other party can prove that part of that accident was your fault, your settlement will be valued for less. For example, if you were hit and you weren’t wearing a helmet and suffered a severe TBI, the driver’s insurance company may argue that you are partially at fault for your injuries because you didn’t use adequate protection. This can severely impact the amount of your settlement. If you damages are worth $100,000 and the courts find you 40% at fault, then you will only receive $60,000 for your injuries. However, if you were riding responsibly and following all the safety precautions, they cannot make these claims.

Proving Fault In A Motorcycle Accident

The other party’s insurance company will try to use bad stereotypes about motorcycle riders to undercut your case. However, there are ways that you can combat these false claims and prove that you are not at fault. You will need to gather all the evidence to prove that you were not at fault. This can include accident and police reports, eyewitness testimony, and documentation at the scene of the accident. These documents information cannot only counter the false claims of the insurance companies and prove you were riding safely, they can also help prove the other driver was at fault for the accident. Gathering all of this evidence is very difficult and sometimes requires third party experts. So even if you know you were not at fault, it is not recommended that you try to prove these claims on your own.

Why You Need An Attorney After A Florida Motorcycle Accident

With Florida’s comparative fault laws, it can be really hard to get the full amount of damages you deserve for your injuries. Besides always riding safely, the best thing you can do is contact an experience motorcycle accident attorney. At , Goldman, Babboni, Fernandez, and Walsh we specialize in motorcycle accidents. We know how to navigate the complex laws around comparative fault and can gather all of the evidence needed to prove who was really at fault for the accident. We’ll make sure that the insurance companies don’t use these laws as a way to get out of paying you what you are owed.

If you’ve been in a motorcycle accident, give us a call to see how we can protect your interests and prove that you are a safe rider.

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.

The Importance Of Motorcycle Safety In A Florida Accident Claim

Goldman Babboni Fernandez
Murphy & Walsh




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