Daytona Beach, FL - Florida has the perfect weather for a ride on your motorcycle, not to mention the gorgeous scenery. However, your passion for the open roads can have tragic consequences. Bike riders are far more exposed than any other type of motorist and they will suffer the most in a collision. Motorcycle accidents often leave the riders with horrific head trauma, spine damage, or broken bones.
Contrary to popular belief that bike riders are reckless and generally deserve what happens to them, statistics show that in most such accidents it’s the car driver who is responsible, not the motorcyclist. If you were recently injured in this type of crash, you will need an experienced Daytona Beach motorcycle accident lawyer to prove that the car driver was in fact responsible for the crash, which makes them liable for your damages.
How can you recover damages for a motorcycle accident in Daytona Beach?
To recover damages you will have to file a lawsuit against the car driver that hit you. Keep in mind that Florida follows the comparative negligence doctrine, so your damages will be reduced if you are determined to be partly at fault for the crash. Unfortunately, many things can be considered negligence on the part of the biker, such as not wearing protective gear or using earbuds that prevent them from hearing the sound of traffic.
Can you recover damages if you were not wearing a helmet?
Under Florida law, helmets are mandatory only for motorcyclists. If you’re over 21, you can choose not to wear a helmet provided that you carry personal insurance with at least $10,000 in medical benefits. If you sustain a severe injury, as is often the case in such an accident, those $10,000 won’t definitely be enough to cover your medical expenses.
You may be able to recover additional damages by suing the driver. Your accident lawyers will have to prove that the fact that you were not wearing a helmet is irrelevant and that using protective gear wouldn’t have prevented your injuries.
If, for instance, you broke a leg in the crash or were left with road rash covering most of your body, your Florida motorcycle accident lawyers can easily claim that such injuries had nothing to do with not wearing a helmet. Also, if the car was going at high speed when it crashed into your bike, the helmet wouldn’t have made much of a difference given the violence of the impact.
Worst case scenario, your damages can be reduced by a percentage corresponding to the share of the blame assigned to you.
The same applies if you had earbuds on and were listening to loud music. This is considered negligence and you can be found 10 or 20% to blame for the crash. If you want to protect your rights and get the money you need to treat your injuries, you’ll have to get a lawyer as soon as possible.
Attorneys near me
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