If I am not Wearing my Helmet and am Involved in a Motorcycle Accident in Boca Raton Florida, Will I Have Difficulty Getting an Insurance Settlement From the Party who Hit Me?
Florida law states “a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.” so as long as you are in compliance with this part of the law, you should be able to receive an insurance settlement.
There are always unique events to every case and hiring a lawyer would be in your best interests.
The busy roadways and the distracted drivers who appear from all parts of the United States, with their host of reasons for being in South Florida, make it difficult to safely ride a motorcycle in Boca Raton Florida. Motorcycle accidents can be overwhelming, time-consuming, and disruptive to a person’s livelihood as physical injuries can be more severe than automobile accident scenarios. Alcohol is a big factor in motorcycle accidents, but faulty cycle components and other drivers contribute to the increased risk to riders by failing to: 1) yield the right of way, 2) follow posted signs, 3) follow road rules, 4) inspect and maintain their vehicle and 5) visualize a biker in traffic.
Florida motor vehicle insurance laws have requirements as follows:
Mandatory Insurance. State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).
No-Fault Car Insurance. The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000.
Statute of Limitations. Florida has a four (4) year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the four (4) year period following the accident.
Pure comparative Negligence (51% Rule). Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you. Because the court systems in Florida follow this rule in injury cases, you may find that the insurance adjuster will also try to assign a degree of fault to decrease the settlement paid out for the accident if you go to settlement proceedings.
Court awards. Compensation will be based upon a full review of psychological injuries, bodily injury, liability insurance including uninsured motorist coverage, lost wages, loss of income, medical bills, physical damages to the vehicle, and percentage of fault.
Hire a Lawyer to Assist With Determination of Fault.
Determining fault is a matter for those who have reviewed the police reports, witness reports, motor vehicle damages, roadway marks and other factors regarding the accident. Compensation for any loss sustained because of the accident, due to partial or full negligence of another party, is in your reach to assist with payment of the significant medical expenses, loss of wages, or other life-altering events that can negatively affect your livelihood, as well as wrongful death claims not covered by insurance companies. Sometimes settlements can be dragged out due to litigation if there are personal injuries involved. Call Jeffrey A. Rosenberg for a legal consultation with a professional experienced lawyer in Boca Raton to help with your motorcycle accident claim.
Sources:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.7407.html
https://www.dmvflorida.org/
