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How is fault determined after a motorcycle crash in Florida?

June 16, 2021/0 Comments/in Uncategorized /by damg16

Boca Raton, FL – Determining fault is an important part of the process of receiving compensation after any accident. Motorcycle crashes are treated the same as other motor vehicle crashes for the purposes of fault. However, because there is little to protect the motorcyclist from making contact with the road or other obstacles nearby, there is a much higher likelihood of serious injuries to the person riding the motorcycle. The person who is determined to be at fault is normally responsible financially for these injuries, but Florida has specific no fault laws that will affect many accident payouts. 

Florida’s no fault law

The state’s laws regarding fault can be confusing, and no fault does not mean what many people think at first glance. All drivers involved in a crash with a motorcycle or any other kinds of vehicles can contact their insurance company to make a claim, regardless of fault. The personal injury protection amounts that all included in all auto insurance policies in the state can pay out to everyone involved in the crash, as drivers already pay for this type of coverage. However, property damage is treated separately from injuries, and this is not covered under the no fault system.  

The practical effects of Florida’s no fault coverage

In practice, many drivers will make an insurance claim with their own provider where they can receive several thousand dollars worth of coverage. Also, a driver who was technically at fault can only be sued when the policy limits are exceeded or various serious injuries are involved. This tends to mean that most minor or moderate damage accidents end up being resolved through the claim process, and lawsuits may not be necessary after some accidents. Motorcyclists and other drivers who want to be covered under their personal injury protection generally must make a claim and seek out medical treatment within the first fourteen days after the crash. 

Legal assistance

Because Florida’s no fault system tends to make getting financial help after an accident more complicated, it is recommended that anyone who has been injured get legal advice. The lawyer can make sure the insurance provider is acting in good faith, as well as examine the particular accident to see if a lawsuit is necessary. A motorcyclist has the same right to sue as other drivers if they experience losses. 

Help from local personal injury attorneys

Rosenberg Injury Law is an experienced accident firm that helps people in the Boca Raton area. Their attorneys can assist victims with the process of filing a lawsuit after being injured in a motorcycle crash. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

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