Determining Motorcycle Accident Fault

  • Posted by: David Scott
  • Category: Motorcycle Accidents
law office of Teresa P Williams, Clearwater Florida, Motorcycle Accident Fault

Proving Motorcycle Accident Fault Can Be Different Than In Car Crashes

Florida motorcycle fatalities are considerably higher than car crashes. Motorcycles are less noticeable and lack the solid protection of an automobile. It is imperative to understand the motorcycle accident fault and who is responsible while protecting your rights in an accident.  In Florida, pursuing a claim for motorcycle injuries can be trickier than seeking damages for other types of vehicle accidents. Because of this, you may require an experienced Personal Injury Attorney who specializes in motorcycle matters.

Proving Motorcycle Accident Fault At A Crash

There is a public perception that motorcycles cause accidents. Still, the reality is that a car or truck driver is more likely to be at fault for a motorcycle-related accident. Automobiles and trucks have a “duty of care” responsibility to motorcycles on the road. Still, proving fault or negligence in an accident case is critical to receiving fair compensation. Common examples of driver negligence include:

  • Drunk driving and drug use
  • Improper lane usage and disobeying traffic signs
  • Driver failing to notice a motorcycle due to poor visibility
  • Reckless driving and speeding
  • Simply not seeing the motorcyclist

Any or all of these situations can prove who is at fault.  The four elements of negligence to establish at-fault proof in a motorcycle accident are:

  1. The other party owed you a duty of reasonable care;
  2. The defendant (the responsible party) breached this duty;
  3. Their breach was the proximate cause of your injuries; and
  4. You suffered damages and losses because of your injury.

You may need to hire an expert Motorcycle Injury Lawyer to fight your claim and receive your rightful compensation. 

law office of Teresa P Williams, Clearwater Florida, determining motorcycle fault

The Importance Of Having Motorcycle Insurance

Florida motorcyclists are not required to have personal injury protection insurance; however, if you ride a motorcycle without a helmet, you must carry at least $10,000 of medical insurance. Florida motorcycle accidents are not declining, and having Motorcycle insurance can prove essential, regardless of being in an accident.

To protect yourself against negligent drivers with either no coverage or minimal coverage, you should purchase uninsured motorist coverage through your motorcycle insurance policy, as well as, carry stacked uninsured motorist coverage on your automobile policy.

Determining Motorcycle Accident Fault Is Not Always Black And White. If You’ve Been In An Accident, Call The Law Office Of Teresa P. Williams Today

It’s essential to talk to a Personal Injury Attorney experienced in motorcycle injury cases to ensure fair financial recovery. The Law Office of Teresa Williams knows how to pursue the claim on your behalf. Have questions? Call (727) 796-2706 today or contact us on our website here.

Author: David Scott