Biker Rights in Florida - What You Need to Know After a Crash? Protect Your Legal Rights
In the State of Florida, law abiding residents and victims are the unfortunate victims of motorcycle crashes caused by the negligence and carelessness of others. In the aftermath of a crash, it is important for a biker and the family to know the applicable legal rights, laws, and insurance benefits in place.
Certainly, all drivers, bikers, and others should be cautious and courteous on the road. It is also important to driver or ride free from distractions including but not limited to mobile phone use. Just a couple of seconds of inattention on the screen of a phone can lead to disastrous and life changing consequences for the violator, injury victim, and the victim's family members.
Many believe that Florida is a "No-Fault" state for car accidents and motorcycle crashes. This is not accurate. While there are some special laws in place that cover car accidents and the priority of insurance payments, a driver and the owner of a vehicle can be held at fault or responsible when there are injuries caused to a biker.
Another misconception is that the findings by the investigating officer are binding on the parties and the insurance companies when an injury claim / lawsuit is pursued by the injury victim. The Florida Accident Report Privilege generally keeps the report and the findings of the police officer out of court. As such, the police report and findings are not binging on the injury case.
One main issue that arises in the aftermath of a Florida motorcycle crash is the presence, availability, and amount of insurance coverage for the injury victim. In many instances, the injured biker has limited to no coverage on the motorcycle. As such, the injured biker is reliant on the coverage in place for the at-fault driver / at-fault owner.
With respect to medical care and the payment the same, this can be a particular hardship for the injured biker especially if the biker did not carry motorcycle medical coverage or have regular health insurance coverage. There are ways to get treatment even without these coverages in place; however, the insurance carrier for the at-fault driver will typically refuse to pick to the medical bills up front. In other words, the insurance carrier for the at-fault driver will typically only pay out money in a lump sum upon the conclusion of the case or the settlement of the case.
if the insurance carrier for the at-fault driver contacts the injured biker or family, a statement should not be given without first consulting with an experienced motorcycle accident attorney. There is no particular duty to provide such a statement. An experienced motorcycle accident attorney will typically advise you against giving such a statement. When and if the injured biker secures legal representation, the responsible attorney can provide the requested information to the insurance carrier.
Insurance carriers often attempt to settle a case early by offering up a low ball offer in exchange for a signed written release. Do not sign these releases OR accept the check. If the check is delivered to you or received, do not deposit the check as this can be construed as acceptance of the settlement. In most cases, these offers are unreasonable and only intended to close out a potentially bigger case.
David Wolf is an experienced motorcycle accident attorney who resides in Flagler Beach and has a law office just 2 miles from the beach on Moody Boulevard. With over 32 years of experienced focused on personal injury matters and the legal rights injury victims, David Wolf uses his expertise, strong work ethic, and resources to get the job done for his clients. He is the author of 12 books including the book titled Watching Out for Motorcyclists - Freedom, Justice, and Liberty - Legal Rights of Injured Bikers. You can get this book for free here.
Contact David Wolf today for a Free Consultation at (386) 348-HOWL / (386) 348-4695 or via e-mail at firstname.lastname@example.org David Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.