Motorcycle Crashes Vs Car Crashes
With such sunny weather for most of the year, Florida is a natural haven for motorcyclists. However, this also means that Florida consistently has a high rate of injury and fatality for motorcycles, simply because there are more on the road. If you are involved in a motorcycle crash in Florida, and you suspect that it was due to the negligence of another driver, it is important to keep in mind that seeking compensation will be slightly different than it would after an automobile accident.
Severe Injuries, Less Insurance
One of the most significant differences between motorcycle and car accidents is that the injuries in a motorcycle accident will almost always be worse than in an automobile crash. Drivers and passengers in automobiles have pounds upon pounds of metal and glass between them and the impact of an accident, but motorcyclists only have their own protective gear – if they are wearing any, as Florida’s law is fairly lax with regard to required protection. Regardless, it stands to reason that impact will be hard, and injuries are much more likely to be severe.
Despite the likelihood of severe injury, Florida motorcyclists are also not required to carry personal injury protection (PIP) insurance. Drivers of cars in Florida must carry PIP insurance because Florida is a no-fault state for auto insurance purposes, meaning that claims worth less than $10,000 are usually required to be disposed of via insurance claims, clearing the court dockets for cases involving more severe injuries. Motorcyclists, despite having the likelihood of more severe injury, usually do not carry PIP.
Seeking Compensation Can Be Difficult
One fact that can turn positive for an injured motorcyclist is that they need not meet what Florida law calls the “severe injury threshold” in order to file suit in court for their injuries. For harm suffered in a car accident, a person must show that their injuries are “significant and permanent” before Florida’s tort immunity is lifted. Since motorcyclists are not part of the auto insurance system, they can file suit over any injury and potentially recover.
If your accident only involved your own vehicle, you may also be covered by your own health insurance. If you own an automobile and have a PIP policy for your own driving, that policy will generally follow you, rather than your car – in other words, it may cover you no matter what vehicle you are in. That said, every case is different, and it is crucial to enlist the aid of an experienced attorney before seeking compensation.
Contact an Orlando Motorcycle Accident Attorney
If you are involved in an accident while on your motorcycle, and it was caused by the negligence of another person, you have the right to seek compensation, either through insurance or through the courts. A Orlando motorcycle accident attorney from the Hornsby Law Group can help you get it. Call our office today for a free consultation.