This is what you can expect if you are injured in a motorcycle accident in Daytona Beach

A motorcyclist was recently killed in a car accident in Daytona Beach Shores. When hearing this, most people will assume that the biker was probably at fault or generally reckless and this led to the crash. Except he was not. He was killed by a woman who was driving a sedan at 85 mph, heading southbound on South Atlantic Avenue. A police car was already giving pursuit with the lights on, but the driver simply ignored the signal to stop. She struck the motorcyclist who was turning left into a gas station at 2530 S. Atlantic Ave., but she still wouldn’t stop. The police eventually caught up with her when her car became disabled down the road.

This accident is by no means an exception. According to experts, in most motorcycle accidents it is usually the driver of a passenger car who is responsible for the crash.

Car drivers tend to ignore motorcycle riders as if they had no right to be on the road. Other drivers become annoyed when they see a motorcycle weaving its way through the traffic, moving along when they are stuck.

How can motorcycle accident victims recover damages?

Unlike car drivers, motorcycle riders are not required to carry Personal Injury Protection insurance. Not that it would help much. With the minimum PIP coverage at $10,000, it’s obvious it would not be enough for a biker who suffers brain damage or a spine injury in a crash. Even if the biker has PIP for their car, he won’t be able to use it if he was injured while riding his motorcycle.

On the other hand, motorcycle enthusiasts must carry $10,000 in medical benefits if they choose not to wear a helmet. Again, that’s way too little to pay the medical bills for a serious injury.

The only way a motorcyclist can recover damages is to file a lawsuit against the driver. Under Florida law, to file a personal injury lawsuit, you have to present medical records showing you have sustained a “serious injury” in a motorcycle accident.

How does comparative negligence apply to motorcycle accident claims?

Florida uses a pure comparative negligence rule which allows accident victims to recover damages even if they were partially at fault for the crash.

Motorcyclists must obey traffic laws, just like any road user. On top of that, there are special laws that apply only to bikers. For instance, lane splitting is prohibited. Or motorcyclists are not allowed to wear earbuds that would prevent them from hearing the sound of traffic.

If a motorcyclist violates any traffic rule, their damages may be reduced by a percentage corresponding to their share of the blame.

For instance, if you file a lawsuit against a car driver who was speeding and crashed into you, you may be found to be 10% to blame for listening to music as you rode your bike. Maybe that didn’t have anything to do with the accident, but your total damages will be reduced by 10%.

In Florida, you can get economic damages covering your medical bills and lost wages. You can also seek compensation for your pain and suffering and there is no cap on this type of damages.

If you were recently injured in a motorcycle accident in the Daytona Beach area, schedule a free consultation with an experienced lawyer at Pappas & Russell PA and let them help you with your claim.

Contact info

Pappas & Russell PA

213 Silver Beach Avenue

Daytona Beach, Florida 32118

Phone: (386) 254-2941

www.pappasrussell.com/