Motorcycles by their design, structure, and size can maneuver quite well through most roads, streets, and highways. It should be noted that a motorcyclist has the right to be in a lane of travel and should be given space by other motorists to safely operate the motorcycle. A motorcyclist must go through a 12 hour training course with at least 6 hours of the course dedicated to the actual use and operation of the motorcycle.
When another driver violates the right of way of a motorcyclist or otherwise forces a motorcyclist to take evasive measures, the motorcyclist may be able to maneuver or change course of the motorcycle in a manner that avoids an impact and avoids any adverse consequences or effects to the motorcycle and motorcyclist. However, many such incidents do result in a motorcycle accident even with an experienced and skilled motorcyclist riding the motorcycle. It should be noted that a motorcyclist has the right under Florida law to ride his or her motorcycle on Florida roads, highways, and streets. A motorcyclist does not assume the risks of a crash just because there are dangers associated with the operation of a motorcycle.
Florida is a comparative fault state. As such, insurance companies often attempt to blame the motorcyclist, in whole or in part, for the crash. Insurance companies will even attempt to blame the motorcyclist when the other driver is issued a traffic citation and the liability or fault otherwise appears to be clear. Unless the case involves rear end accident or a drunk driving type of incident, it is common to see attempts by the insurance companies to place some blame or fault on the motorcyclist.
When a motorcyclist suffers personal injuries as a result of a motorcycle accident, a case or claim can be pursued on behalf of the injured motorcyclist. The successful pursuit of the case or claim will depend on a number of factors including but not limited to the details of the crash or accident, the comparative fault (if any) of the motorcyclist, the injuries sustained and initial treatment, follow up treatment, severity and permanency of the injuries, amount of Bodily Injury insurance for the at-fault driver, and amount of Uninsured / Underinsured Motorist insurance for the motorcyclist.
There are many twists, turns, and challenges to the pursuit of a motorcycle accident injury claim or case. Insurance companies do not automatically compensate an injured motorcyclist. The personal injuries and related damages must be established by the medical records, medical bills, and medical reports. Even when the injuries seem clear, the insurance companies still often find a way to challenge the injuries or claims. Insurance companies have attorneys, adjusters, and investigators in place to protect the insurance companies. The injured motorcyclist should also have an advocate in place in the form of a Florida Motorcycle Accident Attorney. David Wolf is the author of 12 books that focus on personal injury and safety issues. During his 27 year career, he has dedicated his practice to the protection and enforcement of the right of individuals including motorcyclists. David A. Wolf firmly believes in the freedoms, liberties, and rights of motorcyclists. Contact David A. Wolf for a Free Consultation. Get D. Wolf On Your Side - At Your Side.