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If you’re an experienced rider, no one needs to tell you about the perils you face on the South Florida roadways. In 2023, law enforcement reported that there were 758 motorcycle crashes in Broward County, with 35 fatalities. That makes it number three in the state, behind Miami-Dade and Pinellas counties.
But what if you’ve already been injured in a motorcycle accident? What are your rights? Who will pay your medical bills, lost wages, and damage to your motorcycle? Part of being a responsible rider is knowing how the laws affect you. It will not only help you stay out of trouble, but it can be crucial to your ability to make a full recovery.
If you have been injured in a motorcycle accident in South Florida, call right now to discuss your claim with a motorcycle accident lawyer from Long, Jean & Wechsler, P.A. All consultations are free, and you will not have to pay our fees out of pocket.
The Importance of Understanding Motorcycle Accident Laws
Most motorcyclists are aware of the requirements of operating a bike in the state of Florida. However, the laws change all of the time, and a refresher is usually in order. Many bikers fail to educate themselves when it comes to how insurance and liability laws affect them until they have an accident. This is unfortunate since many motorcycle operators find that their insurance is inadequate to cover their needs.
The purpose of this article is to ensure that readers share a better, more informed understanding of the laws of Florida. If you operate a bike in other states, take your time to inform yourself of the local laws.
Basics of Motorcycle Accident Laws
If you’ve been in an accident in Broward County, you can contact our Pompano Beach, FL law office and discuss matters specific to your case. We will be happy to answer all of your questions. If that’s not the case, here is an overview of the laws you should be aware of.
Traffic Laws Affecting Motorcycles
The Florida moving violations and associated penalties that apply to vehicles also apply to motorcycles. For instance, an officer will write a motorcyclist the same ticket for running a red light that he would charge a person driving a car.
There are exceptions. Lane splitting is an example of a statute that specifically covers motorcycle operation. Other motorcycle-specific laws require bikes to have front and back brakes, day-running headlights, etc.
Licensing Requirements
Florida law requires anyone who operates a two or three-wheel motorcycle with an engine size greater than 50 cc to have a motorcycle endorsement on their driver’s license. There is also no license exception for younger riders. You must be 16 to have a driver’s license in Florida, and that’s the minimum age at which a rider can legally operate a motorcycle.
To obtain a motorcycle endorsement, you must complete the Basic RiderCourse (BRC) or the Basic RiderCourse updated (BRCu). You have up to a year after you pass the course to obtain the endorsement from a driver’s license office.
Insurance Laws in Florida
Florida’s insurance requirements are surprisingly limited for motorcycle operators:
Personal Injury Protection
PIP covers medical expenses for the rider, regardless of fault, but it is not required for motorcycle operators. Because of the inherent dangers of operating a motorcycle, we highly recommend that all riders carry a PIP policy.
Bodily Injury Protection
This type of insurance covers injuries you sustained in an accident, and it can similarly apply to passengers on your bike. Because 87% of the motorcycle crashes that occurred in Broward County resulted in injury or death, bodily injury protection is essential. If you opt out of carrying this type of insurance, you must be able to cover injuries you cause to another person if you’re at fault in an accident.
Property Damage Liability Insurance
This type of insurance covers damage to property that you are liable for. It does not cover damage to your motorcycle or your personal property. As is the case with bodily injury protection, if you opt out of property damage insurance, you are financially responsible for the damages you cause.
Medical Insurance
Riders who are over 21 years of age and carry over $10,000 in medical insurance can opt out of wearing a helmet under Florida law. It’s important to note that not wearing your helmet can significantly impact the value of your claim, even if you are not at fault in the accident.
Naturally, you will be far better protected with a comprehensive insurance policy. However, if you’ve been involved in an accident that’s not your fault or one that you’re only partially liable for, you can still collect damages.
Florida Accident Liability Law – Key Legal Principles
There are several legal concepts that you should be aware of should you be involved in an accident.
Four Elements of Liability
For a personal injury lawyer to establish liability, they must be able to approve the following four elements:
- Duty of Care – All drivers have a duty of care to every other person using the roadways. With most motorcycle accidents involving another vehicle, the duty of care is nearly a foregone conclusion.
- Breach of Duty – In order for another driver to be liable, a motorcycle accident lawyer must be able to demonstrate that they breached their duty. Examples of breach of duty in motorcycle accidents can include running a red light, improper lane change, or following too closely.
- Causation – It’s not enough to show that another party breached their duty. The plaintiff must demonstrate that the breach of duty caused or contributed to the accident.
- Damages – The plaintiff must be able to claim some form of damages. The next section will explain how the state of Florida categorizes damages.
Damages in Motorcycle Accident Claims
Personal injury lawyers divide damages into two categories: compensable and non-compensable. Compensable damages are further divided between economic and non-economic damages, resulting in three separate damage categories.
Economic Damages
This is the first category of compensable damages. Economic damages include all medical bills, lost earnings, property damage, and, in the case of a wrongful death accident, funeral expenses. Any item that results in a direct cost to the plaintiff is considered to be economic damages.
Non-economic Damages
Also commonly referred to as “pain and suffering,” non-economic damages are the intangible costs of an accident. Examples of non-economic damages include physical and emotional pain, reduced quality of life, and the overall inconvenience of having been in a motorcycle accident with injuries.
While insurance companies often acknowledge economic damages, they will often debate the amount of compensation for pain and suffering.
Punitive Damages
In some cases, the behavior of the plaintiff is either intentional or so reckless that the courts decide that punitive damages are in order. These damages are intended to further punish the plaintiff.
Damage Caps
The state of Florida does limit compensatory damages. The law does, however, impose a cap of three times the amount of compensatory damages or $500,000 (whichever is higher) on punitive damages.
Statute of Limitations
For most motorcycle accidents, the statute of limitations is four years from the date of the accident. For wrongful death cases, the plaintiff has two years from the date of the rider’s death to file a lawsuit. While this may seem like a long time, it’s important that you seek the legal expertise of a top-tier motorcycle accident firm as soon as possible. Call LJW for a free legal consultation today. We work on a contingency fee basis, meaning we only collect our fees if we successfully settle the case or win in litigation.
Comparative Negligence
Florida civil injury law operates under the comparative negligence principle. That means that the plaintiff’s damages are reduced by the portion of their negligence. For instance, if you are operating a motorbike without protective gear, you may be considered partially liable for your injuries, even if you didn’t cause the accident.
Legal Rights and Responsibilities of a Motorcycle Rider
Like all other drivers, motorcyclists have the responsibility to obey traffic laws and safety laws. In addition, they must be able to operate their bike competently, master basic riding techniques, maintain safety equipment, like brakes and mirrors, and practice defensive driving. As a rider, anything you do that adversely affects road safety can be used by the insurance companies to argue for a lower settlement.
Insurance Matters
It’s important to recognize the fact that an insurance adjuster does not work for you. They may introduce themselves as “your insurance adjuster,” but that just means they’re assigned to your case. They are charged with minimizing the amount of your settlement. If you accept a check from an adjuster, you will be required to sign a waiver of liability, which means you cannot go back to request more money. The problem is that until you speak to a motorcycle attorney, you won’t know the actual value of your settlement. In many cases, it’s many times more than the insurance company’s first settlement offer.
Frequently Asked Questions
As one of Pompano Beach’s top motorcycle accident law firms, we see many accident victims. These are some of the most common questions we hear during our initial free consultations.
How Much Do I Have to Pay for an Attorney?
Most personal injury lawyers represent clients on a contingency basis. You will not have to pay out of pocket for an attorney’s legal expertise. Our fees are set by the Florida State Bar Association, and you will know what to expect before committing to our law firm.
Why Shouldn’t I Just Accept a Settlement if it Seems Reasonable?
Insurance companies are notorious for low-balling settlement offers. However, if you feel the settlement is reasonable, you should still have an attorney review it. If you’ve received a settlement offer for your motorcycle accident, contact LJW. We can review your settlement offer during your free consultation. If you decide to accept the settlement, you’re under no obligation to hire us.
Pompano Beach Motorcycle Accident Lawyers
If you’ve been in a motorcycle accident, you need strong legal representation. Contact Long, Jean & Wechseler, P.A. for a free consultation. We work on a contingency basis, so there are no out-of-pocket costs.
