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Fault and Liability in Tampa Motorcycle Crashes

When filing a motorcycle accident claim in Tampa, it’s important to note that Florida has modified comparative negligence laws. This means you must prove that the other party holds the majority of fault for the motorcycle crash.

In most cases, a motorcyclist must prove the other driver’s negligence to win a fault-based motorcycle accident lawsuit or insurance claim. Negligence means that the other party’s lack of reasonable care caused the rider’s injuries.

Motorcyclists often prove this breach of the duty of care by showing that the other party violated traffic laws. For example, a rider might establish a driver’s negligence using eyewitness testimony that the driver tailgated the motorcycle and caused a rear-end collision when the rider stopped at a red light.

Even a legal act may constitute negligence when it exposes others to an unreasonable risk of injury, though. Florida’s hands-free law prohibits texting and driving, but does not block drivers from holding their phones while talking anywhere other than school zones.

Thus, someone driving 60 miles per hour on the freeway while holding their phone and talking will not break the law. However, a Florida motorcycle accident lawyer could still argue that, under the circumstances, the driver is acting negligently due to the unreasonable risks created.

Most of the time, other drivers are liable. If the motorcycle malfunctions, however, the manufacturer could be to blame.

Leading Causes of Motorcycle Wrecks in Tampa

In Tampa, the majority of motorcycle accidents occur because of driver negligence. This can include conduct like distracted, intoxicated or fatigued driving. Speeding is a concern, too, as is reckless driving.

In many cases, the driver fails to see the rider. This arises partially because motorcycles are smaller than automobiles, but drivers are still obligated to watch for any road users, including motorcyclists, pedestrians and bicyclists.

A common crash scenario occurs when a driver hits a motorcycle while changing lanes. These collisions often result from drivers who fail to check their blind spots before making a lane change.

While the size of the motorcycle might have made it difficult to see in the driver’s mirrors, it would have been visible if the driver had exercised reasonable care by turning to look into the blind spot.

Motorcycle Insurance and Florida No-Fault Rules

Unlike other drivers, bikers generally don’t have personal injury protection insurance, so they have to file against the other party to receive compensation. They can’t depend on the state’s no-fault rules.

Common Motorcycle Injuries After a Crash

In motorcycle accidents, some of the most common injuries include:

• Soft tissue injuries
• Broken bones
• Facial scarring
• Concussions
• Spinal cord injuries

It’s always wise to seek medical care after an accident to ensure all your injuries are accounted for.

Damages and Claim Value in Tampa Cases

In Florida, you can pursue economic damages to cover your medical expenses and lost wages, as well as non-economic damages to address pain and suffering and loss of enjoyment of life. The severity of the injuries you sustained, how strong the evidence is and whether you hold a degree of fault can all impact your claim’s value.

Filing Deadlines for Tampa Motorcycle Lawsuits

You typically have two years to file a claim for a motorcycle accident in Florida. There could be exceptions, so make sure to check with your attorney.

What to Do Immediately After a Motorcycle Accident

After a motorcycle accident, you need to call emergency services and get prompt medical care. Ensure that the police get to the scene so that you have access to a report.

Gather as much evidence from the scene as possible, including witness statements, and let your insurer know that you were in a crash. When you can, contact a Tampa personal injury lawyer for help.

When to Contact a Tampa Motorcycle Accident Attorney

Filing a motorcycle accident claim in Tampa is complex, so you don’t want to attempt it alone. Instead, as soon as possible after the accident occurs, you should reach out to a lawyer for help.

At ConsumerShield, we can help you find a reliable Tampa motorcycle accident attorney who can make a difference in your claim. Contact our team to get started.