Motorcycle accidents are often traumatic, leaving victims unsure of what to do next. Having a good understanding of how motorcycle accident claims are handled can make victims in Vero beach feel more comfortable moving forward and pursing compensation.
When motorcycle accidents happen in Vero Beach, they must be reported to law enforcement officers. A motorcyclist’s personal injury protection (PIP) insurance will not provide compensation to them in the event of a motorcycle accident, meaning filing a lawsuit might be the sole way for victims to recover sufficient damages. The deadline to sue for motorcycle accident injuries is two years. After successfully proving a defendant’s fault, victims can recover compensation for financial and emotional losses. Although Vero Beach is a small, relatively safe town, it being a vacation destination presents an increased risk for motorcycle accidents.
For a free and confidential evaluation of your case from our Vero Beach motorcycle accident lawyers, call (954) 751-4258 to speak with The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. today.
What to Know About Motorcycle Accidents in Vero Beach
If you are ever traveling down Florida’s Treasure Coast on your motorcycle, you are sure to ride through Vero Beach. While an idyllic beach town, Vero Beach is not exempt from motorcycle accidents occurring. If a victim is hurt while riding their motorcycle in Vero Beach, there are certain things they should know. These include the reporting requirements for victims, their ability to sue, and the compensation available to them. Victims should also be aware of filing deadlines and what it takes to prove a defendant’s fault.
Reporting Requirements
Any motorcycle accident that results in injury or significant property damage has be relayed to the Vero Beach Police Department. Our motorcycle accident lawyers recommend doing this right away as self-reporting at a later date, though a possibility, may not be as helpful to your case. If you do not report your motorcycle accident to the police, there will be no documentation of the incident, leaving recovery more challenging, though not impossible.
Personal Injury Protection Insurance
While personal injury protection insurance covers most motorists, pedestrians, and passengers injured in accidents in Vero Beach, it does not pertain to motorcycle accidents. Riders need to understand this and not expect their PIP to provide them with any compensation for their damages at all, as doing so might delay a possible lawsuit.
Ability to Sue
Though not eligible for compensation via their personal injury protection insurance, motorcyclists injured in Vero Beach can sue for compensatory damages, no matter how severe their injuries are. While those hurt in car accidents have to prove that their injuries meet the serious injury threshold and warrant litigation, victims of motorcycle crashes do not.
Deadline to File a Claim
Recently, the statute of limitations for motorcycle accident lawsuits in Vero Beach changed from four years to two years. This might seriously impact victims who might have thought they had longer to bring a claim than they actually do. If you do not file before the deadline, you will not be able to recover compensation, which is why promptly acting following a crash is crucial.
Proving Fault
In motorcycle accident lawsuits, fault is sometimes difficult to prove. People are often quick to blame motorcyclists for injuries that were actually caused by another party, largely because of stereotypes and presumptions. Florida recently altered its statutes regarding comparative fault, meaning victims might be barred from recovery if a defendant successfully claims that a victim was more at fault for their injuries. To instead prove that the defendant caused your motorcycle accident, you must present evidence. Often, property damage and accident scenes can indicate fault, as can statements from eyewitnesses and victims’ medical records.
Compensation
There is no limitation on compensation motorcycle crash victims can recover in Vero Beach. You can claim the compensatory damages you deserve by providing proof of your financial and emotional damages, such as medical bills and personal testimony. While rarely awarded, punitive damages might be applied in cases of gross negligence. Punitive damages in motorcycle accident claims are capped at three times the amount of compensatory damages or $500,000, whichever amount is greater.
Factors that Can Increase the Risk of Motorcycle Accidents in Vero Beach
While only 13.4 square miles, Vero Beach does see motorcycle accidents. They can happen on back roads not far from the water or along the highway that takes travelers down the Treasure Coast. Because of its location and the reasons why people visit, Vero Beach presents some increased risk factors for motorcycle accidents.
People like to vacation at the beach. With that comes the possibility that there will be drinking and, unfortunately, drunk driving. This is a risk in any beach town, including Vero Beach. Because Florida is warm all year round, it is not only in the summer months that drunk drivers on vacation could possibly hurt motorcyclists in the area.
Vacationers might cause motorcycle accidents for other reasons in Vero Beach. Florida State Road A1A, which runs through Vero Beach, is the road that takes drivers down the Treasure Coast. State Road A1A is a popular route taken by vacationers. Long-haul drivers who have been driving for hours to get to their vacation destination might be tired and have poor reaction time. This could lead to motorcycle accidents, especially if there is poor visibility.
Florida’s unpredictable weather might lead to a summer storm, which can also result in motorcycle accidents in Vero Beach. Drivers might be speeding through the rain and hydroplane, hitting a motorcyclist. Drivers might also fail to look for others on the road when the weather is bad, striking a motorcycle rider and causing them injury.
Recover Compensation for Motorcycle Accident Injuries in Vero Beach
Get the motorcycle accident lawyers from The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. to evaluate your case for free by calling (954) 751-4258 today.
