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How Are Motorcycle Accidents Different From Auto Accidents in Florida?

If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez at 813-755-9500
Two motorcycles collided and lay damaged on the road

Besides the obvious, greater possibility of injury or death, the way Florida insurance companies evaluate the claim and pay for the claim is different from auto accidents in Florida.

Recently, one person died and four people were taken to the hospital following an accident on I‑75 South. The crash involved a semi and five motorcycles. Troopers said the five motorcycles were in the left (inside) lane and the semi was in the center lane when one of the motorcyclists lost control. The motorcyclist was separated from his motorcycle and struck by the semi. The four other motorcyclists then lost control and fell off their bikes. The motorcyclist struck by the semi was pronounced dead at the scene. The four other motorcyclists were all taken to the hospital as trauma alerts with serious injuries.

Motorcycle riders are exposed to the possibility of great injury or death when a motorcycle accident occurs. According to Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) Florida had about a 3.5% increase in these deaths from 2018 to 2019. Motorcyclists account for more than 17% of motor vehicle fatalities in the state. In 2019, 550 people died and 7,719 were injured in motorcycle crashes on Florida roads. Motorcycle accidents can be life-changing as require an experienced Florida injury attorney to handle the claim properly

Who Will Pay Hospital Bills, Medical Bills, Lost Wages, and Pain and Suffering?

Motorcycle insurance requirements are different from that of an automobile. The biggest difference is that a car must carry (at a minimum) Personal Injury Protection insurance (PIP), better known as No-Fault Insurance. Under Florida Law, a motorcycle does not require this type of insurance. In Florida, motorcycles are specifically excluded.

What Are the Florida Motorcycle Insurance Requirements

Florida’s No‑Fault or PIP law does not apply to motorcycles. However, Florida motorcycles do fall under the Financial Responsibility (FR) law, which applies to all motor vehicles in Florida, including motorcycles, in the event of injury. Quite often motorcyclists believe that they do not need to carry insurance. This is technically wrong. They ARE required to carry property damage insurance.

Unlike most automobile crashes where the injured party must prove a permanent injury in order to recover pain and suffering, Florida Motorcycle policy riders do not require a person injured on a motorcycle to prove permanent injury in order to be compensated for pain and suffering.

Can Motorcycle Owners and Riders Insure Themselves?

Motorcycle owners and riders can insure themselves by getting a Self‑Insurance Certificate from the FLHSMV based on their net worth. However, a motorcycle owner should seek a licensed insurance agent who can provide information about insurance options available, which might include at a minimum:

  • $10,000 for one person for bodily injury liability
  • $20,000 for two or more people for bodily injury liability
  • $10,000 per crash for property damage liability

Additionally, purchasing uninsured or underinsured motorist coverage is highly recommended. Many drivers on Florida’s roads are often driving without insurance, which would leave the motorcycle driver without compensation for damages as the result of an injury caused by someone who is not insured.

Let me repeat that: BUY UNINSURED MOTORIST COVERAGE

What Can Happen If I Fail to Carry Property Damage and Bodily Injury Insurance?

Many motorcycle owners and operators are not at fault for causing a crash. But there could be serious consequences if a motorcycle owner/operator is found at fault, or convicted of DUI or other occurrences outlined in Florida’s Financial Responsibility law. Failure to carry property damage and bodily injury liability insurance may result in the suspension of your:

  • driver’s license,
  • motorcycle registration,
  • motorcycle license plates,

as well as additional fees in order to regain driving privileges. See Section 324.021, Florida Statutes.

Why Hire a Motorcycle Accident Lawyer?

Motorcycle accidents cause catastrophic injuries. The victims of these accidents often have huge medical bills and sometimes suffer permanent disability and disfigurement. If the victim does not survive, the family or the estate may file a wrongful death claim. An attorney with motorcycle accident experience is needed in a motorcycle accident case.

Treatment of sustained injuries may be costly, painful, and may take months, or even years. An experienced motorcycle accident attorney can aggressively seek the financial compensation you deserve for your pain and suffering and for the expenses of your medical treatment and needed care.

Why Fernandez & Hernandez?

Motorcycle accident attorney Martin J. Hernandez can help guide you through the process. If you or a loved one have been injured in a motorcycle accident and need help getting compensation for your injuries, call Tampa Personal Injury Attorney, Martin J. Hernandez at 813-229‑5353. Otherwise, visit us online anytime to get started with your free and confidential legal consultation.

Call 813-755-9500 for a FREE consultation.