What you Should Ask Before Riding a Motorcycle?

Motorcycle Accidents Lawyer Miami, FL

Riding a motorcycle can be exciting and a lot of fun — and also very dangerous. Why? Because not only do you have to be skilled and trained in riding a motorcycle, you have to be constantly aware of all the drivers around you, making sure they know you are present and doing your best to follow the rules of the road to stay safe. Even when you do all you can, accidents will still happen, and when they do, the likelihood of you getting seriously injured is very high. Here are some basic questions and answers to common inquiries about motorcycle accidents.


  • If a motorcycle accident leaves me unable to work for a while, will my covered sick leave or health insurance policy interfere with the amount of damages I can recover from my accident?


The amount of your settlement should not be impacted because of what your health insurance covered or you were paid from work for your time off. The amounts paid to you from work or insurance are irrelevant to your settlement amount. It is important to note, however, that you may be required t reimburse your insurance carrier out of your settlement proceeds for the money you received to pay medical expenses.


  • What is comparative negligence and contributory negligence and how does this affect any damages I am suing for?


Your motorcycle accidents lawyer Miami, FL offers at Needle & Ellenberg, P.A. can clarify if contributory negligence is followed in your state or jurisdiction. This rule states that if you are found even partially at fault for the accident, you will not be able to recover any damages at all.

The rule of comparative negligence means that if your carelessness was a contributing cause of the accident, the court will appropriate fault between all parties involved. For example, if the court finds you thirty percent at fault, damages awarded to you could be reduced by thirty percent.  


  • While riding my motorcycle and traveling through an intersection I was hit by a car making a left turn. Is it automatically the fault of the drive of the car turning left?


The car turning left is typically responsible and liable for hitting a vehicle that is traveling straight through the intersection in the opposite direction. There are exceptions, however, one being if excessive speed was indicated by the motorcycle going through the intersection, or if the light was red when you entered the intersection.


  • What happens if I get into an accident and I’m not wearing a helmet? If the crash was not my fault can I still collect damages from the driver?


Regardless of whether or not your state requires you to wear a helmet while riding a motorcycle, if the accident is not your fault, you will still be able to collect damages for your injuries. However, the amount you can recover may be limited if there are helmet laws in the state where you live and it is determined that your injuries would not have been as severe had you been wearing a helmet at the time of the accident.