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If you have suffered personal injury in a motorcycle accident, it is crucial that you understand the laws in Florida that could impact your potential claim. Proner & Proner’s motorcycle accident lawyers are committed to helping Florida accident victims become well informed of their rights after a motorcycle crash. Our attorneys are familiar with state law regarding helmet usage, serious injury, and additional issues.
When a motorcyclist is injured because of another party’s actions or negligence, the law allows the victim (the plaintiff) to seek financial compensation for his or her injuries by filing a motorcycle accident claim against the negligent party (the defendant). Motorcycle accident law is designed to determine who was at fault, or liable, for the accident, as well as how the victim should be compensated. Depending on the particulars of the accident and on state law, when an injured motorcyclist can prove the other party’s liability, the motorcyclist may be able to obtain compensation for his or her injuries.
If you or a loved one has sustained an injury in a motorcycle crash, contact Proner & Proner to schedule a free case evaluation with one of our experienced motorcycle accident lawyers. We serve clients from throughout Florida.
Motorcycle accident laws in Florida include:
Motorcycle accident statistics in Florida underscore the vital role of wearing a helmet in preventing traumatic injury and even death. Florida state law requires motorcycle riders aged 21 and younger to wear a helmet. (This age limit distinguishes Florida from states that do not have helmet laws and from those that require riders under the age of 18 – or of any age – to wear a helmet.)
State personal injury laws affect an injured motorcyclist’s motorcycle accident claim. Personal injury laws in Florida include:
Statute of limitations – The statute of limitations, or time limit, for filing a civil personal injury claim in Florida is four years. After this time limit has passed, the victim may not file suit or seek damages. The statute of limitations for filing a property injury claim (i.e., a claim seeking compensation for damage to one’s motorcycle) is four years, while the limit for filing a product liability claim (i.e., a claim seeking compensation for injuries caused by a defective motorcycle part) is two years.
Comparative negligence – Under the legal doctrine of comparative negligence, more than one party – including the victim – can be held liable for the victim’s injuries. When the victim is comparatively negligent, his or her settlement decreases according to his or her percentage of fault.
Contribution among Tortfeasors – The legal doctrine of contribution among tortfeasors provides recourse for liable parties (tortfeasors) made to pay damages in excess of their degree of fault. For example, if a defendant is made to pay a plaintiff’s entire settlement, but it is later determined that the plaintiff was partially responsible for his or her injuries, the defendant may sue the plaintiff for repayment of the excess damages.
If you have suffered injury in a motorcycle crash, you may be able to obtain compensation for your injuries, pain, and suffering. Contact Proner & Proner to schedule a free consultation or learn more about motorcycle accident laws. Our lawyers serve clients throughout Florida, working diligently to protect our clients’ rights.
Contact Proner & Proner to learn more about motorcycle accident laws. Our lawyers serve clients from throughout Florida.
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