If you’re attempting to navigate the legalities of your case on your own, it can be difficult to understand your rights in the event of a motorcycle accident.
The most important thing to know about motorcycle personal injury claims is your financial compensation eligibility. If you are found to be at fault for the accident, this can have an impact.
In some states, such as Florida, motorcyclists must be able to demonstrate that their injuries were caused by another motorist’s negligence or reckless behavior in order to recover damages.
Another driver may be held responsible in these situations if they were:
- texting and driving
- driving under the influence
- failing to follow traffic signals or signs
- driving an ill-maintained vehicle (i.e. unsafe to drive)
- distracted by any other means
Local and state laws can differ in terms of what a motorcyclist must prove in order to receive compensation for an accident. Even if you are partially at fault for the accident, depending on where you live, you may be able to seek legal recourse.
In motorcycle accident cases, common types of damages sought and awarded include:
reimbursement for medical transportation and treatment bills
repair or replacement costs for your motorcycle
pain and suffering costs
compensation for projected medical expenses (e.g. for a serious or permanent injury requiring long-term treatment)
The limitations on the types of damages that drivers of passenger vehicles can pursue are one of the most significant obstacles that they face when seeking compensation after an accident.
This is due to the fact that most motor vehicle claims involve personal injury protection (PIP) insurance, which requires a certain level of injury to seek recoverable damages.
Motorcyclists, on the other hand, are not required to meet any kind of injury threshold before seeking compensation.