The year-round pleasant weather and beautiful landscapes make motorcycles popular transportation in Florida. While everyone hopes to avoid crashes, understanding the steps to take when they occur is essential to protect your safety and interests.
Following the state traffic laws, including wearing the appropriate safety gear whenever you ride, is also essential for collecting a fair settlement after crashes caused by someone else’s negligence. Contact a skilled lawyer for more information about what to do after a motorcycle accident in Clermont.
Steps to Take Directly After a Motorcycle Collision
First and foremost, motorcycle operators in Clermont must prioritize their physical safety after collisions and seek prompt medical attention when injuries are severe. They can begin collecting evidence immediately after contacting the local police department to report the traffic event.
Vital information includes the police officer’s accident report, documenting injuries, and exchanging vehicle, driver, and insurance information with everyone involved. When eyewitnesses are present, they should also collect their name and contact information.
Auto Insurance Requirements and Liability
Florida insurance laws follow a no-fault system, and motorists initiate claims with their insurance provider for a payout to cover the damages regardless of fault. The Florida Highway Safety and Motor Vehicles guides that all drivers must carry at least the minimum requirement of personal injury protection (PIP) and property damages liability (PDL) to travel on state roads lawfully.
How the No-Fault Driver Rule Affects Motorcycle Crash Claims
While each party involved in the traffic collision contacts their insurance company to file claims, there may be additional options. Because of the potential for severe and life-threatening injuries causing long-term or permanent disabilities, the biker may also have cause to file a civil lawsuit. A seasoned lawyer could handle insurance company communication and help navigate the civil court process to obtain a settlement from the liable party.
Establishing Fault and Financial Liability
The claim must establish the existence of each element of negligence to prove financial liability and successfully obtain settlements, and those include:
- The defendant had a legal duty, which is the responsibility of people to act cautiously and reasonably to prevent causing harm to others
- Their actions were a breach of duty
- The reckless actions were the direct cause of the accident and injuries the plaintiff sustained
- Foreseeability, which means proving the defendant knew or should have known their actions could cause collisions
A seasoned lawyer could answer questions about what to do after a Clermont motorcycle crash and help navigate the steps of the complex process.
The Award for Damages
The motorcyclist can collect damages under their auto insurance policy PIP coverage for payment to cover medical care and lost pay. However, policies provide settlements to cover part of those losses. When damages are significant, filing a civil claim for damages through the civil court may be an option when any of the following components are present:
- Catastrophic injuries causing the permanent loss of vital bodily functions
- Reasonable degree of medical probability that the bodily injuries are permanent
- Substantial scarring or disfigurement
- Wrongful death
Securing settlements combined with collecting payments under PIP coverage could ensure payment to cover the individual’s financial losses and other expenses while they focus on recovery.
Contact a Practiced Attorney for Questions About What to Do After a Clermont Motorcycle Accident
Motorcycles offer operators many advantages, and the pleasant weather conditions in Florida make them common forms of transportation throughout the state. You can protect yourself while out on the roadways by understanding the rules of the road, complying with traffic safety equipment laws, and knowing what to do after collisions.
Contact a knowledgeable lawyer to schedule an appointment if you have questions about what to do after a motorcycle accident in Clermont. We could handle communication with insurers on your behalf and the legal work necessary to file a claim and fight for the just settlement you deserve.
