Motorcycle Accident FAQ

We know that there may be a lot of confusion following a motorcycle accident and you may have a lot of questions about what you need to do next. The following are some of the most common questions someone involved in motorcycle accident might have.

Q. Why is it important to have a lawyer if I have already been offered a settlement?

A. In many motorcycle accident cases a settlement offer is made immediately which then limits you in seeking damages in the future. These offers tend to be very low and insufficient when it comes to fairly compensating you for your damages.  It is very important to contact an experienced motorcycle accident attorney in order to represent your best interests and ensure that you are being fairly compensated.

 

Q. Why do I need “Uninsured Motorist Coverage” when I already have insurance?

A. Florida law does not require people to have Bodily Injury Liability Coverage, so nearly one-third of motorists currently driving in Florida are uninsured. This means that you cannot rely on the other vehicle to have insurance that will be adequate to cover your damages in case of an accident.  It is imperative that you have Uninsured Motorist Coverage in the event that the other vehicle is uninsured. Although it is not required, it is highly recommended that you take out a policy of at least $100,000 in uninsured motorist coverage.

 

Q. What exactly is Uninsured Motorist Coverage?

A. Essentially Uninsured or Underinsured Motorist Coverage is the act of taking out insurance to cover the liability of the person responsible for your accident in the case that he is uninsured or has limited coverage that is insufficient to cover your damages.

 

Q. Who is held responsible for injuries or death of the operators and passengers in the event of a motorcycle accident?

A. Liable parties in the state of Florida may include the motorcycle driver, other vehicle operators, the manufacturer of the bike, tires and parts in the case of defect, or property owners if dangerous conditions exist.

 

Q. Who is allowed to file a claim in the event of a motorcycle accident?

A. If it is determined that the operator of the motorcycle is not at fault, the driver may pursue a personal injury law suit. If the motorcycle driver dies as a result of the accident, the survivors of the driver’s family are entitled to file a wrongful death claim.

If the motorcyclist is found to be at fault in the accident, any injured party involved in the accident may bring a lawsuit against the motorcycle operator. These parties might include passengers of the motorcycle or people in the other vehicles involved or the surviving families of these victims.

 

Q. How long do I have to file a lawsuit for my motorcycle accident?

A. The statue of limitations in motorcycle accidents is one year. It is very important that you contact an experienced motorcycle accident attorney immediately to ensure that your investigation is being handled properly and evidence is collected in a timely manner. In rare instances an extension might be issued for cases in which injuries or negligence/wrongful conduct was not immediately discovered, however this is very infrequent and is frowned upon in court, so it’s highly recommended that you get a personal injury attorney involved right away.

 

Q. I have heard that motorcyclists are often held responsible for causing accidents? Is there a way to avoid this?

A. Motorcyclists are often blamed for causing accidents by using excessive speed, not taking necessary precautions, or being careless in operation of their vehicles. The opposing counsel will be looking for evidence to support this, whether it is accurate or not. This is one of the reasons that an experienced Clearwater accident attorney is crucial to your case.

 

 At Stinnette Law we are knowledgeable and equipped to answer all of your questions and ensure that your case in handled properly.