If you’ve been in a motorcycle crash in Fort Myers, FL, comparative fault rules will have an effect on your final award if you were partly to blame. Talk to a motorcycle accident lawyer as soon as you can to make sure you know what your options are and to protect yourself from any unfair accusations of fault.
Comparative Fault In Fort Myers, FL
Comparative fault divides responsibility for an accident, assigning percentages of fault to everyone involved (when justified). The idea is to make sure compensation matches the degree of responsibility each person holds, and your final compensation is usually cut by the same percentage as your fault.
So, for example, if you were hit by a car that turned without looking when you had the right of way, they’d be primarily to blame. However, if you were also speeding at the time, you might be assigned 10% of the fault on the theory that you might have avoided the accident if you hadn’t been speeding. That means you’d be able to recover 90% of your losses and damages.
Florida follows a modified comparative negligence rule, which means you’re able to recover so long as your fault is 50% or less. If you’re more than 50% at fault, you can’t recover anything at all. Florida used to have a pure comparative negligence approach, where you could recover at least a little bit even if you were 99% at fault, but since 2023 that’s no longer the case.
How Fault Is Determined
Fault is about who failed to exercise reasonable care under any given circumstance, and in a motorcycle accident, it can be hard for the cyclist to get a fair hearing. Many people assume that motorcyclists are reckless by nature, so having a lawyer is particularly important. You’ll want the help of someone with experience in the legal system and an understanding of the bias that cyclists face.
Motorcyclists frequently encounter situations where a car or truck driver’s inattention is the primary cause of the accident, but rider errors such as speeding or improper cornering can be an issue; and the insurance companies typically look hard for any evidence of fault on the part of the rider.
Other Ways Your Award Can Be Affected
Florida law also allows insurance companies to argue that your choice not to wear a helmet worsened certain types of injuries, even if you were actually following all state laws and even if you didn’t contribute to the accident itself.
Riders over 21 who have at least $10,000 in medical insurance coverage may legally ride without a helmet, but if you suffer head trauma, the defense may claim that proper headgear would have reduced the severity of your injuries. They will then argue that they shouldn’t have to pay for all your medical bills.
Talk to a Motorcycle Accident Lawyer
If you’ve been in an accident, give us a call at Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. in Fort Myers, FL at (239) 441-2009 for a no-obligation discussion about your rights. You can also talk with us at our offices in Cape Coral, Naples, Lehigh Acres, or Port Charlotte.