Tampa Motorcycle Accident Attorney
There are more motorcycle accidents in Florida than there are in any other state in the country. This might have something to with the fact that Florida has some of the most dangerous roads in the country. Motorcycle riders are simply caught in the crossfire. On top of this, motorcycle riders are often blamed for accidents they had no hand in causing. This is because bikers tend to have a reputation for being reckless adrenaline junkies.
In quite a few instances, however, it is not the biker’s fault. It is the fault of a distracted driver who failed to see the smaller vehicle on the road. This doesn’t mean that bikers will have an easy time proving those facts to an insurance company.
But the Tampa motorcycle accident attorneys at Roman & Roman can help motorcycle accident victims collect damages when they are involved in serious accidents.
How Does No-Fault Insurance Work in Florida
Florida is a no-fault insurance state as opposed to a tort state. In tort states, one or another driver is deemed to be “at fault” for an accident. In a no-fault state, drivers carry insurance policies on themselves. These policies are called personal injury protection or “PIP” policies. When a driver is injured, they file a claim with their own insurance policy. But that doesn’t mean that they can never sue a negligent driver.
When motorcycle accidents occur, the smaller vehicle generally takes the brunt of the force. Motorcyclists are in a very vulnerable position with larger vehicles surrounding them everywhere they go. In addition, they are generally traveling at high speeds leaving their riders even more vulnerable.
When your damages and injuries exceed the coverage of your PIP insurance, you are entitled to sue the at-fault driver for the remainder that is not covered by your insurance.
Understanding PIP Coverage
Your PIP insurance policy is only required to repay 80% of your medical expenses and 60% of your lost wages. This is regardless of who is at fault for the accident. In other words, through no fault of your own, you can be on the hook for extensive medical bills and lose time from work all because you had the unfortunate luck to be in the vicinity of a bad driver that day. We can’t say that this is a fair system, but that’s a conversation for a different time.
Recovering the Remainder of Your Damages
There are a couple of instances in which you can sue an at-fault driver in a car accident. The first is when your injuries are considered permanent. That means an impairment that you will have for the remainder of your life or any kind of disfigurement.
The second instance is when your damages exceed $10,000 (which is the minimum PIP coverage every Florida driver must carry).
If either of those describes your situation, you are allowed to sue the at-fault driver. If that’s the case, the Tampa personal injury attorneys at Roman & Roman can help. Give us a call for a free case evaluation and we can begin discussing your situation today.
Contact our attorneys at (813) 877-3234or contact us online.