Florida Motorcycle Accidents
Florida is a motorcycle state. It consistently ranks in the top 5 for the number of motorcycles registered per state, and they are a constant feature on state roads, regardless of the weather. However, accidents involving motorcycles are sadly common as well – data from Ride Smart Florida estimates a disproportionate number of motorcycle fatalities in proportion to the number of traffic deaths as a whole. If you are involved in a motorcycle accident in Florida, your injuries are no doubt severe.
Huge Potential For Serious Injuries
The National Highway Traffic Safety Administration (NHTSA) estimates that based on 2020 data, a motorcyclist is 28 times more likely to die in a crash than the occupants of a passenger vehicle. This is simply due to the relative weight of the vehicles, and the protection afforded to their occupants – the car or truck has glass and steel, while a motorcyclist has no real protection besides a helmet and their clothing. If you have made it through a motorcycle crash, it is more likely that you have sustained serious injury, requiring significant medical care.
Even if your motorcycle accident is one of those causing less serious injury, the harm can be long-lasting. Some of the most common motorcycle accident injuries are road rash (abrasions most often caused by skidding along pavement; serious cases can embed gravel into legs or hands), facial fractures, shoulder and elbow dislocations, and traumatic brain injuries (TBIs). If your accident was caused by another person’s negligence, you have the right to try and hold them accountable.
If you have been injured due to another person’s negligence, know that there are certain facts you need to establish in order to prevail on your claim. In general, Florida law holds that all motorists on the road have a duty to exercise due care with regard to other motorists. Failure to show this level of care means that the duty has been breached – and if no other cause exists for your injuries, that breach of duty can be enough to hold the other driver liable.
Be advised that as of this writing, there has been a recent change in Florida’s civil law. The governor signed a bill on March 24, 2023 in which Florida’s comparative negligence framework was changed. What this means is that formerly, a plaintiff who was responsible for a large proportion of their own injuries could still recover the remainder from a defendant – for example, 20 percent if the plaintiff was found to be 80 percent liable. As of March 24, a plaintiff may only recover if their percentage of fault is lower than the defendant’s – so, if a plaintiff is 51 percent liable, they may not recover at all for their injuries in Florida.
Contact An Orlando Motorcycle Accident Attorney
Riding a motorcycle is a beloved pastime for many, but caution on Florida roads is key. If you have been involved in a motorcycle accident, contacting an Orlando motorcycle accident attorney from the Hornsby Law Group can be your first step toward getting the compensation you deserve. Call our office today for a free consultation.