Motorcyclists can have a great time in Port St. Lucie, but there are also significant dangers associated with riding. Sustaining an injury in a motorcycle accident can result in long-term and serious physical harm.
If someone else’s negligence caused you harm, you are entitled to compensation. Lawsuits of this nature can be complicated, and motorcycle riders are frequently held responsible for their accidents. However, our team recognizes that these accidents are often the result of others’ careless actions, and we are prepared to assist you in proving this. You have the right to ride safely, and we believe that you are entitled to the same level of safety as everyone else on the road.
For a free case evaluation with our motorcycle accident lawyers, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer at (954) 751-4258.
Important Motorcycle Laws That Riders Must Follow in Port St. Lucie
It is crucial to comprehend and comply with motorcycle laws in Port St. Lucie when dealing with legal cases involving motorcycle accidents. Non-compliance with these laws can affect the determination of liability and diminish the injured party’s ability to recover damages.
In addition, if the injured party is found to have violated these laws, it might result in comparative negligence. Nonetheless, our motorcycle accident lawyers possess an in-depth understanding of these laws and how they can affect your case. The following are the most significant motorcycle laws in Port St. Lucie and throughout Florida:
Riding a motorcycle in Port St. Lucie requires a proper endorsement on your driver’s license or a motorcycle-only license. To obtain a motorcycle endorsement, you need to be at least 16 years old and pass a written knowledge test along with a skills test.
Moreover, individuals who are 18 years or older can choose to have a Motorcycle-Only License by passing the same tests. Note that a regular driver’s license is not sufficient to operate a motorcycle on roads in Port St. Lucie. It is crucial to comply with the requirements to ensure safety while riding a motorcycle.
Under Fla. Stat. § 316.211, it is mandatory for all motorcyclists to wear helmets while operating or riding a motorcycle. Exceptions to this law are granted to riders who are 21 years of age or older and have a minimum medical insurance coverage of $10,000. Nonetheless, it is vital to emphasize that wearing a helmet offers substantial protection against head injuries, and it is highly advisable for all riders to wear one, regardless of the legal requirements.
If you are involved in a motorcycle accident, the defendant might argue that you are partially responsible for your injuries. This legal concept is referred to as “contributory negligence.” In the past, the law favored the plaintiff, which meant that even if the accident victim was found to be partially at fault, they could still receive compensation.
Recently, changes have been made to the law, making it more difficult for plaintiffs to recover damages. Under the new rule, victims will only be able to receive compensation if they are found to be less than 50% responsible for the accident. This means that if you are determined to be 51% at fault, you will not receive any compensation for your damages.
However, if both drivers share equal responsibility for the accident, you will be eligible to receive compensation for half of the damages. Unfortunately, this also means that you will be responsible for the percentage of losses that you contributed to.
Lane-splitting is a maneuver in which motorcyclists ride between lanes of slow-moving or stopped traffic to bypass congestion and reach their destination faster. However, in Port St. Lucie, this practice is considered illegal under Fla. Stat. § 316.209. The law requires motorcycle riders to obey the same rules as other vehicles on the road, which means that overtaking vehicles in the same lane or driving between lanes is strictly prohibited and can result in legal consequences.
Right of Way
According to Fla. Stat. § 316.123, motorcycle riders have equivalent rights and obligations as other motorists when it comes to the right of way. It is crucial for motorcycle riders to understand and comply with the right-of-way rules, which include yielding to pedestrians, obeying traffic signals, and giving way to oncoming traffic while making turns.
To prevent accidents and ensure the safety of themselves and others, it is imperative for motorcycle riders to be vigilant of their surroundings and exercise caution while on the road. By following these guidelines, motorcycle riders can make the roads safer for everyone.
Statute of Limitations
A new law was enacted in 2023 that has significantly impacted the personal injury process. Among the changes made, the “statute of limitations” has been altered, which is the time limit for filing a lawsuit. The previous four-year window for victims of motorcycle accidents to file lawsuits has been reduced to two years in Port St. Lucie.
It is imperative to take swift action in the event of an injury. Waiting can result in negative consequences, as there is a limited amount of time to gather evidence and locate witnesses prior to potentially filing a lawsuit.
In the case of an injury, it might not be necessary to file a lawsuit, but if it is deemed necessary, it is important to remember that there is only a two-year timeframe to do so. Once this time period has expired, the defense has the ability to request the court dismiss your case, which it will.
Fla. Stat. § 324.021 makes it mandatory for all individuals riding a motorcycle to carry a minimum amount of insurance coverage. To be specific, motorcyclists must have a bodily injury liability coverage of at least $10,000 per person and $20,000 per accident. Additionally, they must have a property damage liability coverage of $10,000. This coverage is in place to provide financial protection in case of any damages or injuries caused to others as a result of an accident.
Unlike cars and other vehicles, motorcycles are not covered under Florida’s personal injury protection (PIP) insurance requirements. PIP insurance is only mandatory for operators of motor vehicles with four or more wheels. Therefore, motorcycle riders are not eligible for PIP coverage.
Despite not having PIP coverage, motorcycle riders can still seek compensation for their injuries and damages through other means. Florida follows a no-fault system for motorcycle accidents, which means that regardless of fault, riders will be eligible to recover damages from the at-fault party or parties involved in the accident.
Our Port St. Lucie Motorcycle Accident Lawyers Can Help
Contact The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 for a free review of your case with our motorcycle accident attorneys.