Motorcyclists encounter a much greater risk of injury when involved with a traffic accident, than the driver of a traditional automobile. A motorcycle accident can be a complicated situation. There is no standard or typical motorcycle accident. What is “typical” is the fact that a motorcycle accident can be a severe and life-changing event.
According to a study funded by the National Highway Traffic Safety Administration (NTSHA), nearly 75% of all motorcycle accidents involve a collision with another vehicle. Road rage by a car driver against a motorcycle rider is seldom the cause of a motorcycle accident. The most common scenario is a motorcycle driving straight, and then an automobile makes a left turn in front of the oncoming motorcycle.
Why Motorcycle Accidents Result In Far More Injuries
- The motorcycle itself supplies no head trauma protection for the rider or passenger.
- Unlike car drivers who may be secured with seat belts, the sudden stop of a motorcycle is likely result in the ejection of the motorcycle rider. Being ejected from the motorcycle is the most common cause of physical injuries from a motorcycle wreck.
- The use of heavy boots, jackets and gloves may prevent minor abrasions, but seldom protect against more serious injuries.
Why Motorcycle Wrecks Are More Serious And More Expensive
- According to a study funded by the NHTSA, 98% of motorcycle riders involved in a multi-vehicle accident suffer injuries.
- Nearly 1/4th of people injured in motorcycle accidents suffer from injuries in multiple locations.
- Nearly 1/5th suffer head injuries causing permanent disabilities.
Under Florida law there are differences in the law if you are injured while operating a motorcycle or while riding as a passenger on a motorcycle as opposed to if you are injured while operating an automobile or while a riding as a passenger in an automobile. For instance, if you are driving an automobile and are injured in an accident, you are entitled to 10,000 in PIP ( Personal Injury Protection ) coverage. PIP pays 80% of your accident related medical expenses and 60% of your gross wage loss for time missed from work as a result of your accident related injuries. However, if you are driving a motorcycle or are a passenger on a motorcycle you are not entitled to PIP benefits as Florida law does not allow PIP coverage for motorcyclists or their passengers. Under Florida law only vehicles that are defined as motor vehicles are entitled to PIP benefits and motorcycles do not meet the definition of a motor vehicle and thus are not entitled to PIP benefits. Fortunately, motorcyclists can purchase optional Medical Payment coverage which will cover motorcyclists accident related medical expenses up to their Medical Payment policy limits.
Another example of a difference under Florida law is if you are involved in an automobile accident with another automobile and both automobiles are properly insured under Florida law then the injured driver or passenger must prove they have sustained a permanent injury within a reasonable degree of medical probability in order to recover non-economic damages which are commonly referred to as pain and suffering damages from the at fault drivers BI ( Bodily Injury ) insurance coverage. However, if you are a motorcyclist or a passenger on a motorcycle you do not have to meet the burden of proving you have sustained a permanent injury within a reasonable degree of medical probability in order to recover for pain and suffering damages under the at fault drivers BI insurance coverage if you have sustained at least some minimal injuries. The general rule is if you do not receive the benefits of PIP while on a motorcycle you do not have the burden of proving the permanent injury threshold in order to recover pain and suffering damages.
Why You Should Contact An Attorney With Experience Regarding Motorcycle Accidents
The laywers with the Kemp, Ruge & Green Law Group are uniquely qualified to represent your motorcycle accident claim for any injury. The lawyers at Kemp, Ruge & Green understand the catastrophic impact that a motorcycle accident can have on your family. Not merely the physical injury aspects, but the loss of financial security. If you’ve been injured in a motorcycle accident, contact Kemp, Ruge & Green today!