Riding a motorcycle offers freedom and excitement, but it also comes with risks. If you’ve been in an accident, you’re likely facing questions about who is responsible and how it affects your claim. Grasping the concept of negligence and partial liability in Florida can be your first step toward securing the compensation you deserve.
Understanding comparative negligence
Negligence means failing to take the reasonable care expected to avoid harming others. This principle underpins many personal injury cases, including motorcycle accidents.
Florida follows a “modified comparative negligence” principle. This means that if you share some responsibility for an accident, courts may reduce the amount of compensation you receive based on the percentage of your fault. However, if the court finds you to be more than 50% at fault, then you will not receive any compensation at all.
For example, a collision between a drunk driver and a motorcycle rider led to the rider having severe injuries. What if he was also slightly speeding at the time of the accident? If the court considers him 20% responsible for the accident due to this speeding, that means they will also reduce is compensation by 20%.
What actions usually result in partial liability?
Motorcycle riders can find themselves partially liable in several situations:
- Speeding or ignoring traffic signals: Going beyond speed limits or running red lights increases the risk of accidents. Courts may also see this as reckless behavior, showing a disregard for traffic laws.
- Driving while distracted: Activities like using a smartphone or even adjusting a helmet or gloves can divert your focus. Distraction reduces reaction times and increases the likelihood of being at fault in an accident.
- Failing to yield the right-of-way: Not giving the right-of-way when required can easily lead to crashes. This can include failing to give way at intersections or when merging onto highways.
- Weaving through traffic lanes recklessly: Switching lanes abruptly or going between vehicles without signaling can create dangerous situations. Courts may consider these actions as aggressive riding and may result in shared liability.
These actions can significantly impact a rider’s liability and, consequently, their compensation. If you are unsure about how certain actions may affect your claim, talk to an attorney. They can assess your specific situation and help you decide your next steps.