Fort Lauderdale Motorcycle Accident Lawyer
With its gorgeous year-round weather and beautiful scenery, Fort Lauderdale is a great place to get out and enjoy all the city has to offer on a motorcycle. However, motorcyclists are also well aware of the risks they face when they are on the road. They do not have the same protection as other motorists such as airbags and seatbelts and so, they are incredibly vulnerable and exposed. To make matters worse, bikers do not even have the same insurance protection and in fact, insurers and the courts are often biased against motorcyclists.
All of these factors make filing a personal injury claim very difficult after a motorcycle accident. If you have been hurt, you need legal help. Our Fort Lauderdale motorcycle accident lawyer can provide it so you obtain the full settlement you deserve.
No-Fault Insurance is Not Available After a Motorcycle Accident
State law in Florida does not recognize motorcycles as vehicles and so, bikers are not covered under no-fault insurance. The personal injury protection (PIP) benefits available to drivers after a car crash are not available to motorcyclists because this coverage is only available to drivers of four-wheeled vehicles, and not two. This can make claiming compensation for motorcyclists much more difficult.
Motorcyclists have only one option when filing a claim after a crash. They must file a personal injury claim against the negligent party who caused the accident. This is very challenging because bikers must collect evidence to prove someone else was at fault, which is not required when obtaining PIP benefits.
Florida Motorcycle Helmet Laws
In Florida, only motorcyclists under the age of 21 are required to wear a helmet. Motorcyclists who are over the age of 21 can choose not to wear a helmet if they purchase at least $10,000 of medical insurance coverage. It is a common misconception that if a biker was not wearing a helmet, they cannot claim damages, even if someone else caused the crash.
Due to the fact that the law does not require bikers to wear a helmet, riding without one does not bar injured bikers from filing a claim. It is not a violation of traffic law and so, it does not impact a personal injury claim. Still, liable parties and the insurance companies that represent them will try to argue that the biker did not try to mitigate their injuries and so, they do not deserve damages.
Although these claims are untrue does not mean insurance companies will not try to use them. A Fort Lauderdale motorcycle accident lawyer can refute these claims and prove your case so you obtain the full damages you are entitled to.
Our Motorcycle Accident Lawyer in Fort Lauderdale Can Help You Claim Damages
At Spencer Morgan Law, our Fort Lauderdale motorcycle accident lawyer can help you through the challenges associated with these claims so you receive the maximum settlement you deserve. Call us today at 305-423-3800 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.