Motorcycle accidents in Florida are different than run of the mill car accident cases.  While car accident cases in Florida are covered by the no-fault law, motorcycle accidents are not.

 

The most important difference is that there is no setoff for no-fault coverage.  This means that the person who causes an injury to a motorcyclist on the roadway is legally responsible for the injuries from the very first dollar of damages rather than after the tort exemption in section 627.737, Florida Statutes (the collateral source rule, however, does still apply).

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Florida Motorcycle Accident Cases Are Different Than Car Accidents

 

Another legal implication of the no-fault statute is that a motorcyclist does not have to prove that their injuries are permanent (or significant scarring, loss of an important bodily function, or death) in order to be awarded pain and suffering damages (see section 627.737, Florida Statutes).

 

Another aspect of motorcycle cases is the applicability of the law regarding helmets.  Ever since 2000, adults over age 21 are no longer required by law to wear a helmet while riding a motorcycle.  However, failure to wear a helmet is still considered evidence of comparative fault (like failure to wear a seatbelt) at trial if it is proved that failure to wear a helmet was a cause or contributing factor to your injury.  We recommend that you wear a helmet while riding a motorcycle, however, if you were injured in an accident without a helmet, the net effect of the law is simply to reduce the amount of damages that you can collect based on a percentage of fault assigned by the jury.

 

Having a Lakeland motorcycle accident attorney who knows and understands how the law works is important in reaching the correct legal result on your case.  We have handled many motorcycle accident cases in the past and have the experience to bring justice to your case.