Often, motorcycle accidents occur because more than one driver was negligent. In Florida, you may recover damages from the other driver even if you were partly at fault for your motorcycle accident.
Florida’s Comparative Negligence Law
Florida has a pure comparative negligence law. That means, an injured motorcycle rider may recover compensation from another driver even if the motorcycle rider was partly at fault for the crash. However, the motorcycle rider’s compensation will be reduced by his percentage of fault for the accident.
For example, consider an accident where the driver of a car ran a red light and hit a motorcyclist who was speeding at the time of the crash. Both drivers bear some responsibility for the accident. Based on the evidence, the lawyers for the two drivers may decide on the percentage of fault attributable to each driver. If a settlement cannot be reached, the court will decide each driver’s percentage of fault. If it is determined that the driver of the car was 80% responsible for the crash and the motorcyclist was 20% responsible, the motorcyclist may recover 80% of the total motorcycle accident damages from the car driver (or the driver’s insurer).
How to Pay Your Bills After a Florida Motorcycle Accident
You may recover significant compensation from the other driver, even if you were partly at fault for the crash. However, it may take time to receive that compensation. Meanwhile, your own insurance company may pay for your medical expenses if you have PIP or MedPay coverage.
Even with either of these types of coverage, it may be in your best financial interests to pursue a motorcycle accident case. Contact an experienced Florida motorcycle accident lawyer today to make sure your case is properly investigated, your rights are protected, the percentage of fault is fairly calculated, and you get the recovery you deserve.