Mild winters and sunny weather make Florida a mecca for motorcyclists.
Certainly, those who love to ride for sport, know the Sunshine state well; After all, it hosts some of the nation’s largest biking events.
Yet, many fellow resident and visitor bikers remain unaware of their legal rights should they be victimized by a motorcycle accident.
Unfortunately, it makes sense that a warmer state where you can ride year-round would rank high among motorcycle injuries and fatalities; Not surprisingly, Florida ranks in the top 6 states for fatalities, according to 2017 NHST statistics.
It is therefore important for bikers to at least become familiar with Florida laws; and what could happen if they are injured through another’s negligence.
Getting familiar with Motorcycle Accident Laws in Florida
Florida Statute sec 316.208 treats motorcyclists the same as all other motorists. However, it is essential to know the law distinguishes between moped drivers and bikers.
For example, motorcyclists must abide by certain rules pertaining to their vehicle’s operation. They must wear a helmet (if under age 21) and ensure their motorcycle has the required safety equipment; this includes among other things having level handlebars and stop lamps. They must also use protective eye gear and maintain an active motorcycle license.
These laws are necessary as motorcyclists tend to suffer the most severe injuries if involved in an accident.
Florida Statute 627.736 does not provide PIP coverage for motorcycles or self propelled forms of transportation. Instead, it states that personal injury protection is covered for vehicles with four wheels.
Therefore, motorcyclists in Florida do not benefit from personal injury protection, as do car and truck drivers. Instead, they must file a claim against the negligent party that caused their motorcycle accident.
Encountering Undue Biases for Motorcycle Victims
Florida laws serve to protect motorcycle accident victims, including passenger victims from others’ negligence. But it is important to also know that these rights are not absolute. In fact, insurance companies have been known to hold biases.
Consequently, motorcycle accident victims often encounter biases when trying to recover damages from an insurance claim.
Contacting a Motorcycle Accident Attorney
You or your loved ones are best served by contacting a motorcycle accident attorney if injured through another’s negligence. Contact the Law Offices of James G. Graver, P.A. who’s expert legal team will file your claim; and provide you with peace of mind. Consultations are free and there are no fees without a recovery. Rest assured that we will advocate tirelessly on your behalf and make sure you never settle for less than the maximum recovery possible.
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