Avoid a Motorcycle Accident

A motorcycle ride can turn into a nightmare in an instant, and even the smallest decisions can turn a gorgeous day on the road into a trip to the emergency room. While you can’t control what other drivers do or how they drive, the following small measures could be the difference between a fun outing and a nasty injury.

• Invest in safety gear: Long sleeves, a sturdy leather jacket and long pants can help protect your skin from road rash if you fall or slide on the pavement. Invest in good quality riding gear and wear it when you use your cycle to ensure you have a layer of protection between you and the road.
• Wear a helmet: Putting on a helmet takes seconds, but is the best way to protect yourself while riding. This decision is a small but important one and will help you stay safe on the road.
• Map out new routes: You don’t have to create a paper map, but being aware of potential hazards on a specific roadway can help you be prepared to react. Look for uneven payment, blind spots and more via car before trying an unfamiliar route.
• Expect poor driving habits: Not yours – -but the people you share the road with. Consider yourself invisible and expect to be cut off, crowded and overlooked by larger vehicles. When you drive with this expectation and mindset you are less likely to be caught unawares.

Know what to do if you are in an accident and are injured. The most important thing to do is seek out treatment for your injuries, then call a motorcycle accident attorney to talk about your case. You’ll be able to ensure you are treated fairly and that you get the best possible outcome for your case.

Frequently Asked Questions:

If I were not wearing a helmet during my West Palm Beach accident, can I still recover damages?

Yes. Under Florida Statute §316.211, riders over 21 with at least $10,000 in medical insurance are not legally required to wear a helmet. However, insurance companies often use the “Helmet Defense” to argue that your own negligence contributed to your head or neck injuries. Under Florida’s Modified Comparative Fault rules, if a jury decides that not wearing a helmet made your injuries worse, they can reduce your compensation, or bar it entirely if they find you more than 50% at fault for the severity of your injuries.

 Does Florida’s “No-Fault” PIP insurance cover me if I’m injured on my motorcycle?

No. This is a common and dangerous misconception for West Palm Beach riders. Motorcycles are excluded from Florida’s mandatory Personal Injury Protection (PIP) coverage. If you are injured, you cannot turn to your auto insurance for the standard $10,000 in medical benefits. You must rely on your own health insurance, Medical Payments (MedPay) coverage, or a lawsuit against the at-fault driver to cover your bills.

 Is “Lane Splitting” legal in West Palm Beach, and how does it affect my injury claim?

“Lane splitting”, the practice of riding between lanes of slow-moving or stopped traffic, is illegal in Florida under Statute §316.209. If you are involved in a crash while lane splitting on a busy road like Okeechobee Blvd, the insurance company will likely argue you were 100% at fault. Because Florida now uses a “51% Bar” rule, a lawyer would note that if you are found to be 51% or more at fault for the accident due to illegal lane splitting, you will be unable to recover any money from the other driver.

What happens if a driver’s “blind spot” caused my accident on I-95?

While the blog suggests “expecting” poor driving, the law is on your side. Florida drivers have a “Duty of Care” to ensure a lane is clear before merging or turning. Even if a driver claims they “didn’t see you,” their failure to check mirrors or use blinkers constitutes negligence. In West Palm Beach, we often use onboard vehicle data or witness testimony to prove the driver failed to maintain a proper lookout, shifting the liability back to them.

Do I need a special license to ride a motorcycle in West Palm Beach, and does it impact my case?

Yes. Florida requires a “Motorcycle Endorsement” on your driver’s license. If you are involved in an accident without this endorsement, the at-fault driver’s insurance company may attempt to use your “unlicensed” status to prove you were an incompetent or negligent rider. While not having an endorsement doesn’t automatically mean you lose your case, it can complicate the litigation process, making it essential to have an attorney who can focus the jury on the driver’s specific negligent actions.

Contact Your Accident Lawyers in West Palm Beach Florida

Whatever you do, please talk to an attorney before you talk to an insurance company about your car accident. The insurance company’s job is to pay you the least amount of money, we want to make sure you are taken care of during your time of need.

Anyone in southern Florida who has a personal injury legal issue pending should contact Smith & Vanture, LLP for a full free injury claim evaluation. Always retain an attorney who can get you what you deserve for your injury.

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