Driving or riding on motorcycles is a relatively risky activity, and the numbers bear that out, both in Florida and throughout the nation. In 2020, there were an estimated 620,077 registered motorcyclists in Florida. Motorcycles are inherently riskier than cars as they don’t have airbags or metal frames and are smaller than other vehicles. Between 2018 and 2020, the number of fatal motorcycle accidents in Florida increased slightly as did the rate of fatal injuries. Taking relevant and common sense safety seriously is vital if you ride or drive a motorcycle. Such steps include having all motorcycle riders wear their helmets and protective gear. While it might be tempting to forego such steps, either because the riders are driving a short distance or moving at slow speeds, doing so could have a significant impact on a victim’s recovery in the event of an accident.
Given the substantial risk of fatal motorcycle accidents in Florida, riders should be aware that in Florida, pure comparative negligence in auto accidents can have a significant impact on a victim’s recovery. A skillful plaintiffs’ attorney can use pure comparative negligence to advocate for a larger recovery for a victim and navigate past strong legal defenses. A recent local news article discussed a recent fatal Florida motorcycle accident.
According to the local news article, the accident occurred around 2:30 p.m. on Highway 98 and Avenue Due Fontaine Bleau in Mary Esther on Wednesday, January 25. According to the Florida Highway Patrol, the motorcyclist was traveling west on Highway 98 when an Okaloosa County school bus was facing south on Avenue Due Fontaine Bleau at a stop sign. The crash occurred when a school bus entered the intersection, crossing into the path of the motorcycle. The motorcycle then collided with the left side of the school bus. The Florida Highway Patrol stated that there were five children on the bus at the time of the crash. The 28-year-old motorcyclist is dead, and two children were injured during the crash.
Comparative negligence is the legal concept that parties in an accident are assigned the percentage of fault that they were responsible for in the accident. Under the pure comparative negligence theory, an accident victim can recover money from an equally or less negligent party. Under Florida law, accident victims can recover compensation from the other party, even if the victim is partially at fault, including fault that exceeds 51%. In practice, this means that even if the victim is found to be mostly at fault for an accident during a trial, they can still seek compensation for personal damages from the other party. If the claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault.
Have You Suffered Injuries in a Florida Car Accident?
If you or someone you love has been injured or hurt in a Florida car or motorcycle accident, the lawyers at Friedman Rodman Frank & Estrada can help you understand your rights and the remedies available to you under Florida law. Our team of attorneys has successfully advocated for injured individuals throughout Florida for 46 years. Expenses from injuries or harm can quickly become overwhelming, and having an experienced roster of attorneys by your side can make a world of difference for your claim. Make sure that you make the most out of your claim and get the award that you deserve. Contact our team at 305-448-8585 to schedule a free and no-obligation initial consultation with a lawyer at our office.