
Information, Statistics, and Legal
Issues:
From a statistical standpoint, riding motorcycles is a
dangerous pastime. Although other drivers are often to blame for
a crash, it is usually the motorcycle operator and any
passengers who suffer the consequences.
469 people were killed in Florida in motorcycle accidents in
2005. (Fatalities have steadily increased each year since
Florida repealed its universal helmet law in 2000.)
Nationally, 4,008 deaths and more than 76,000 injuries were
attributed to motorcycle crashes in 2005.
80 percent of all motorcycle crashes result in injury or death
to the motorcyclist.
Older Riders More at Risk -
Protect Yourself:
Baby Boomers are returning to motorcycling (or taking it up) in
record numbers. From 1990 to 2003, motorcycle ownership rose
more than 25 percent among those 40 years old or older. However,
traffic deaths more than tripled in the 40+ age group from
1994-2004, according to the National Highway Traffic Safety
Administration. By contrast, motorcycle fatalities for those
under 30 increased by just 10 percent in that time span.
Some evidence suggests Baby Boomer bikers are getting into
accidents because they lack experience or proper training. All
new riders (not just older riders) should:
Take a motorcycle safety training course:
Consider wearing a helmet, eye protection and protective
clothing (Florida's helmet law does not require helmets for
those over 21 under certain conditions)
Examine their insurance policy to make sure they have adequate
coverage (especially uninsured/underinsured motorist) in the
event of a crash.
The Outcome of Motorcycle Accidents:
Because of the force of a collision with a much heavier car or
striking a fixed object, motorcyclist injuries are more likely
to be permanent, catastrophic, or fatal. Brain injury and spinal
injury occur at a higher rate, and broken bones and road rash
can be severe, disabling injuries.
Insurance and Liability in Florida Motorcycle
Accidents:
If you have been injured in a motorcycle crash in Florida,
please see our pages on What To Do After an Accident and
Frequently Asked Questions.
Florida is a comparative negligence state. If you are partially
at fault, you can still collect damages, but the award is
reduced by the percentage of your comparative fault. (Example:
If you are 25 percent at fault, you would only receive 75
percent of the damages determined by a jury.)
Motorcyclists should strongly consider carrying as much
uninsured motorist/underinsured motorist (UM/UIM) coverage as
possible. Because the motorcyclist is more likely to sustain
substantial injury in a collision, the standard no-fault
liability coverage and even the baseline UM/UIM coverage may be
inadequate. If the other driver has no insurance or if their
policy limit is low, you would not be fully compensated for your
losses, even if the other driver is 100 percent at fault.
Contact a motorcycle accident lawyer or your insurance agent to
discuss your policy's protection in the event of a serious
crash.
Free, No-Obligation Claim Evaluation:
In the event of a motorcycle accident, on a hog, a dresser, or a
dirt bike, anywhere in Florida, please contact McMillen Law Firm
to answer the question:
Do I Have a Good Case? You pay
no attorney's fees or costs unless we successfully recover
damages on your behalf.
The
McMillen Law Firm represents motorcycle accident victims
throughout Florida, including Orlando, Tampa, Jacksonville,
Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort
Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples,
Panama City, Pensacola, Sarasota, St. Augustine, St.
Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm
Beach, and the counties of Bay, Brevard, Broward, Collier,
Dade, Duval, Escambia, Highlands, Hillsborough, Indian
River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola,
Palm Beach, Pinellas, Polk, St. John’s, St. Lucie, Sarasota,
Stuart, and Volusia.