Florida law has special damages for motorcycle accidents that differ from other motor vehicle accidents. Mr. Ayers owns and rides a motorcycle and is familiar with the special situations that arise when riding on a motorcycle. Typically, when a driver of a motor vehicle pulls out in front of, fails to stop for, or runs into a motorcycle, severe injuries result.
An injured motorcyclist, however, under Florida law, is not required to prove any severity of their injury to recover from the at fault party. If the other vehicle is at fault to any degree for the accident causing injury, the injured party is entitled to recover against that at fault driver and/or owner for the motorcyclist’s injuries and damages. If both the vehicle driver and motorcyclist are at fault, the motorcyclist is still entitled to recover to the extent the other driver is at fault.
The injured motorcyclist is entitled to recover for their medical expenses in the past and to be expected in the future, their loss of wages and earning capacity in the past and to be experienced in the future, their pain and suffering, inconvenience, mental anguish, lack of capacity for enjoyment of life, scarring and disfigurement in the past and to be experienced in the future. There is no exact standard to determine the value of a person’s intangible damages of pain and suffering. It depends on what happened and the extent of the injury. Normally, the motorcyclist has no motorcycle insurance to cover their injuries and therefore recovery must be made against the at fault party’s insurance.
However, sometimes there is some medical insurance available to the motorcyclist through other insurances. Motorcycle accidents can result in death, fractured bones requiring surgery, severe lacerations and disfigurement, resulting in a great deal of medical expenses, loss of wages and pain and suffering, that must be recovered from the at fault party’s insurance. These injuries can last a lifetime.
An injured party is also entitled to recover their property damage caused by the at fault driver. This includes repairing the motorcycle as near as possible to the condition it was in before the accident, or if it costs more to repair it than it is worth than to recover for the total loss of the motorcycle, plus storage, towing or rental while the motorcycle is being repaired or an offer is made on its total loss. There are normally recovered from the at fault driver’s insurance.
Accidents involving bicyclists and scooters and pedestrians also involve special Florida laws. Accident victims involving bicyclists, scooters and pedestrians are entitled to recover for their injuries and damages caused by an at fault motorist. Commonly, the injured party is entitled to recover no fault benefits involving medical bills and lost wages, as well as maintain a liability claim against the at fault party’s insurance company for their pain and suffering, lack of capacity for enjoyment of life, mental anguish, scarring and disfigurement in the past and to be experienced in the future.
Mr. Ayers has for 35 years, settled and tried numerous motorcycle, bicycle, pedestrian accidents involving injury and death throughout Florida and has been successful in recovering millions of dollars for his clients.
