Florida consistently ranks among the top states across the country for motorcycle accidents. While many vehicle accidents are considered minor, when a motorcycle is involved, severe injuries and death can occur. If you or a loved one suffered injuries in a motorcycle accident, it’s crucial that you contact an attorney before the statute of limitations runs out on your claim.
Why the Statute of Limitations Matters
In legal matters, the statute of limitations refers to the amount of time you have to take legal action after an injury or a crime. These vary from state to state. It matters in a motorcycle accident because once the statute of limitations has passed, victims can no longer sue the liable party for damages. It’s unlikely that a victim will obtain compensation if their claim is filed after that date.
Statute of Limitations for Motorcycle Accidents
Motorcycle accident injury claims and property damage claims are subject to a four-year statute of limitations from the date of the accident. Surviving family members of victims of motorcycle crashes have two years after the accident to file a wrongful death claim. If the injury claim is against a government worker, such a driver in a government vehicle, victims have three years.
Exceptions to the Statute of Limitations
State law provides for some exceptions to the statute of limitations for legal action after a motor vehicle accident. These include:
- Being unable to locate the defendant, so the victim is unable to serve them with court documents
- Discovering that the defendant has used a false identity in order to escape liability
- Suffering from a catastrophic injury that makes it impossible for the victim to bring a lawsuit
- Discovering much later that injuries suffered were more severe, such as with a traumatic brain injury
Contact a Florida Motorcycle Accident Attorney
As a former Florida State Trooper, Coy H. Browning brings a unique perspective for accident investigations. As a law enforcement officer, he has investigated more than 1,000 vehicle-related accidents. Call today to schedule a consultation.