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Florida Motorcycle Accidents: Am I Penalized for Vehicle Selection?

Motorcycles are a very common mode of transportation in Florida.  Some people use them as their everyday form of transportation, whereas others utilize them recreationally to ride with friends or other motorcycle enthusiasts on the weekend.  Unfortunately, motorcyclists are often involved in accidents because many motorists in cars or trucks do not properly check their blind spots when changing lanes or simply do not exercise the same level of care or caution when driving around motorcycles as they would around another car or a truck.  There also seems to be some sort of prejudice among certain car and truck drivers where they deliberately give motorcyclists less room than they would give another car or else drive aggressively around the motorcycle.  This is not only dangerous, but illegal, given that it can result in serious injuries to the motorcyclist.

Motorcyclists often suffer more serious injuries in an accident than someone in a car or truck would given that those types of vehicles have protections built in that motorcycles do not.  Nevertheless, in a Florida motorcycle accident, the fact that the injured party was riding on a motorcycle does not absolve the driver who caused the accident from his or responsibility under Florida law to fully compensate the motorcyclist for whatever injuries he or she suffered in a motor vehicle accident, even if those injuries or damages are more serious than the injuries or damages that would have been suffered by someone in a car.  In addition, the negligent motorist also owes the same duty of care to operate his or her vehicle safely and with reasonable care to the motorcyclist as to any pedestrian, bicyclist, or car.  Therefore, in Florida motorcycle accidents the motorcyclist is entitled to be compensated for his or her injuries, losses and damages to the same extent as any other motorist .

Florida Law Is the Same for Both Motorcyclists and Motorists

Regardless of whether someone is operating a car, a pickup truck or a motorcycle, that driver has a duty to other motorists on the road to operate his or her vehicle with reasonable care for the safety of other motorists. There is not some higher standard for motorcyclists as compared with someone who is driving a sedan or a lower standard for someone driving a car to operate his or her car safely around motorists on motorcycles.  Instead, the person driving the sedan must take reasonable steps to ensure the safety of someone in front of them or in the next lane if the other motorist is in a motorcycle, a semi-truck or another car.  This means that a driver who injures a motorcyclist in an accident cannot claim that somehow the standard owed to you as a motorcyclist is lower than that he or she would owe to a motorist in a car or truck.  Everyone on the road is required to operate his or her vehicle with reasonable care for other motorists on the road as well as pedestrians on the sidewalks.

The same is true for Florida motorcycle accidents when it comes to compensation for losses. The other driver is responsible for compensating you fully for whatever losses that a jury determines you suffered as a result of that driver’s negligence.  If you were thrown from your motorcycle and broke multiple bones as a result of the accident, but that would not have happened if you had been riding in a car like the negligent motorist, this simply does not matter.  The wrongdoer takes you as he or she finds you, meaning that, if you suffer more serious injuries in an accident simply because you were riding on a motorcycle, then the negligent motorist is responsible for paying for your complete damages.

Contact the Experienced Florida Motorcycle Accident Attorneys at Schwed Adams & McGinley, P.A.

Florida motorcycle accidents can often result in terrible injuries.  In addition, many motorists do not exercise the same reasonable care in the presence of motorcyclists as they do whenever other vehicles are involved.  Therefore, if the negligence of another driver caused you to suffer injuries in a motorcycle accident in Florida, contact the experienced personal injury attorneys of Schwed, Adams, & McGinley, P.A. Our experienced personal injury attorneys have more than 150 years of combined practice representing victims of all sorts of motor vehicle accidents, including motorcycle accidents.  Therefore, if you, a family member or a loved one have been injured in a motor vehicle or motorcycle accident as a result of another motorist’s actions, contact the experienced personal injury attorneys at Schwed, Adams & McGinley, P.A today at 877-694-6079 or contact@schwedlawfirm.com for a free consultation.