Many motorcycle accidents occur due to a motorcyclist losing control on a turn. In the State of Florida, there is a comparative fault set of laws in place. As such, even if the motorcyclist is partially at fault for a motorcycle accident, there still can be an injury claim or case pursued if it can some of the fault for the crash can be apportioned in part or whole to the other driver. Operating a motorcycle is a bit more challenging to the skills required to operate the typical passenger motor vehicle. As such, there is less room for error. Furthermore, any time that a motorcyclist has to change direction, turn, take evasive action, and / or turn the motorcyclist in response to the negligent driving of another person - there can be a motorcycle accident that results in personal injuries.
It should be noted that a motorcycle has the right to the roads, streets, and highways in a similar manner to that of motor vehicle drivers. In fact, there is a Florida Statute in place that mandates to all drivers to obey the rights, freedoms, and liberties of motorcyclist. Section 316.209 (1), Florida Statutes - Operating Motorcycles on Roadways Laned for Traffic provides that drivers of motor vehicles should honor the motorcyclist's right to full use of a lane of traffic.
When motor vehicles drive too close to a motorcycle or interfere with the right of way of the motorcyclist, there can be a motorcycle crash especially as a motorcyclist is in the process of turning the motorcycle. When there is a quick turn while driving a motor vehicle, there typically are no adverse consequences because of the design of the motor vehicle and the ability of the average driver to maintain control of the motor vehicle. Even the most experienced and skilled motorcyclist can lose control of the motorcycle while attempting a turn.
A motorcycle accident caused by the loss of control during a turn can lead to serious and permanent personal injuries. There are many challenges to the pursuit of a motorcycle accident case especially when the insurance company is attempting to blame the motorcyclist for part or all of the motorcycle accident or crash. Because of this, the injured motorcyclist or the family of the injured motorcyclist should reach out and consult with a Florida Motorcycle Accident Attorney for advice, guidance, and legal representation.
Insurance often plays a key role in the practical pursuit of a motorcycle injury case. In the State of Florida, many motorcyclists do not have any medical coverage under the motorcycle insurance policy since it is not required in the State of Florida. It is helpful if the other driver had Bodily Injury insurance in place,vwhich could provide a source of compensation for the injured motorcyclist; however, settlements under Bodily Injury insurance are typically only completed on a one-time payment basis. As such, in the interim prior to the settlement, the motorcyclist is faced with the challenge of obtaining medical care and dealing with the medical bills and out of pocket expenses pending the potential future settlement.
David A. Wolf is an author, advocate, and attorney who devotes his caseload and work to the representation of injury victims and their families. He is the author of 12 books that focus on personal injury and safety issues. He has been interviewed by Time Magazine and other media outlets for his opinions and recommendations. Contact David A. Wolf today for a Free Consultation. Get D. Wolf On Your Side - At Your Side.