Discussing The Law With A Motorcycle Accident Attorney In Naples, FL

by | Oct 7, 2019 | Accident Lawyers

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In Florida, statistics show that an average of 86% of motorcycle riders wear helmets when on the road. 81% of riders wear protective eyewear or face shields. A failure to use proper protective gear increases their risk of serious and fatal injuries. A motorcycle accident attorney Naples FL explains laws that apply to riders and accidents.

How Do No-Fault Auto Accident Laws Work?

No-fault auto accident laws require all vehicle owners to purchase liability coverage, property damage coverage, and personal injury protection. Motorcycle riders are required to purchase medical expenses coverage with a maximum of $10,000. No-fault state laws prevent a lawsuit unless the victim’s medical expenses exceed the maximum coverage level offered through the personal injury protection or medical expenses coverage.

What Personal Protection Laws Apply to Motorcycle Riders?

According to Florida state laws, motorcycle riders aren’t required by law to wear helmets. Riders are required to wear eye protection at any time that the motorcycle is mobile. After an accident, law enforcement determines if the rider comply with the laws for personal protection gear. A motorcycle accident attorney Naples FL helps evaluate the circumstances of the accident and determines if protective gear played a role in the accident.

What is the State Statute of Limitations for Motorcycle Accidents?

Florida State Annotated 95.11(3) defines limitations that restrict the victim’s ability to file a lawsuit. The victim has four years to file a legal claim against the accountable party. A failure to file before the fourth anniversary forfeits the victim’s rights to compensation.

How Does Comparative Fault Apply in a Motorcycle Accident?

Comparative fault rulings indicate that the victim committed a moving violation and consequently shares a portion of the blame for their accident. Motorcycle riders are at fault if they lane split or fail to yield the right of way. Speeding, reckless driving, and criminal infractions, such as DUI also introduce comparative fault rulings.

In Florida, motorcycle accidents produce life-changing injuries and could cause a fatality in seconds. The cause of the accident determines the severity level of the victim’s injuries. Victims of the accidents contact the attorney right now.

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