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Florida’s Laws on Motorcycle Injury Claims

May 27, 2012
Colson Hicks Eidson

Florida’s climate is great for motorcycle enthusiasts year round. Motorcycle riding is not only a popular form of recreation, but it has also become an alternative means of everyday transportation as people look for ways to save on escalating fuel costs. However, motorcycles are also extremely fast and sometimes difficult for automobile drivers to see. When there is a collision, the motorcycle and its rider usually end up in the worst condition.

Physical injuries for motorcycle riders can be long-term and costly. There will also be expensive motorcycle repairs and lost time from work. Florida is a Comparative Fault state, which means financial liability is proportionate to fault. Road conditions, speed, driver fatigue, weather and alcohol or drugs are factors that will determine fault in a motorcycle accident claim. For injury claims, Florida does not require a permanent injury by the motorcycle rider.

Protective gear such as helmets, gloves and heavy jackets cannot protect a rider in a high-speed accident. While protective gear can mitigate injuries, an ejection from the motorcycle can result in a harsh impact with the pavement. Some common injuries seen in emergency rooms resulting from motorcycle accidents include:

  • Head trauma
  • Spinal cord injuries
  • Broken limbs
  • Internal organ damage

Motorcycle accident injuries may require extended hospital stays, which means time away from work. In addition to lost wages, there are insurance claims and liability issues to handle. There are also long-term costs such as physical rehabilitation and therapy. Extreme injuries can result in death and a subsequent wrongful death action.