How Motorcycle Accident Cases Differ from Car Crash Claims

Motorcycle accident cases in Florida are a bit different than car accident cases, and understanding these differences can help you proceed with greater confidence. One of the most important physical differences between these accident categories is that, because nothing but your helmet buffers you during the impact of a motorcycle accident, you are far more vulnerable to serious injuries. If a motorcycle accident that was caused by someone else’s negligence leaves you injured, don’t put off consulting with an experienced Tampa personal injury attorney.

Motorcycle Accidents Are Not No-Fault in Florida

In Florida, car accident claims are processed through a no-fault system, and injured parties seek compensation through their personal injury protection insurance (PIP) – rather than through the at-fault party’s insurance coverage. This, however, is not the case with motorcycle accident claims. As a motorcyclist who was injured by someone else’s negligence, you’ll file your claim against the at-fault driver’s insurance coverage.

Helmet Laws

Helmet laws, which have no bearing in car accident claims, can play a role in your motorcycle accident claim. While you are not legally required to wear a helmet in Florida if you are over the age of 21, helmets are proven to significantly reduce the severity of head and neck injuries in motorcycle accidents, and the jury in your case may take this into account when apportioning compensation (in relation to your head and/or neck injury).

Your Damages

If you’ve been injured as a result of another motorist’s negligence, the damages you seek compensation for will basically mimic the damages sought in a car accident claim – except for one important distinction. Consider the following:

  • Medical Expenses – Your medical costs can begin with emergency treatment at and transportation from the scene of the accident and continue through surgery, hospitalization, rehabilitation, and beyond. Further, serious injuries often lead to secondary health concerns that require ongoing medical attention.
  • Lost Earnings – A serious injury can keep you off the job for a considerable amount of time, which typically means lost earnings. If your injury interferes with your ability to do your job, you could face a future of diminished earnings.
  • Pain and Suffering – Pain and suffering damages are where motorcycle accident claims differ from car accident claims. A car accident victim cannot seek damages for physical and emotional pain and suffering unless he or she suffers a permanent (often called “catastrophic”) injury. Because motorcycle accidents are not addressed by no-fault laws involving PIP, you are not constrained by this limitation.

You Need an Experienced Tampa Motorcycle Accident Attorney on Your Side

Motorcycle accident claims follow a somewhat different legal path in the State of Florida, and if your injury-causing motorcycle accident was caused by someone else’s negligence, an experienced Tampa motorcycle accident lawyer at Tragos, Sartes & Tragos can help. Our dedicated legal team has the experience, legal acumen, and drive to help guide your claim toward a just resolution, so please don’t hesitate to contact us online or call us at 813-223-6405 today.