If you have been injured as a result of a motorcycle accident, specifically a collision that caused substantial damage, it is essential to have a thorough understanding of your attorney’s qualifications and the unique dynamics surrounding a motorcycle accident case in Florida.
Motorcyclists do not have the benefit of the surrounding steel as compared to the chassis of a car. Thus, in the event of a motorcycle collision, the biker is not afforded the same protection as a motor vehicle operator.
Insurance carriers often try to take advantage of bikers and label them as careless or reckless, based solely on their decision to travel on two wheels. We all know that this is a fallacy. Even the most reasonable and careful motorcyclist cannot always guard against negligence and other dangers found on the road.
Many attorneys fashion themselves as the best option for bikers involved in a motorcycle accident; they pass themselves off as authentic bikers and try to create the impression that being a biker equates to being the most competent to handle a claim or case on behalf of a victim. Some of these purported biker attorneys only fashion themselves as bikers as a marketing tool, when, in reality, they are not a motorcycle enthusiast. We find such actions to be disingenuous.
Even more troubling is the puffery and misrepresentations offered by such attorneys. A victim should be more concerned with the skills and qualifications of their attorney than they are with whether the attorney looks good on a bike or is legitimately a rider. The attorney should have substantial experience in representing injured motorcyclists and should be educated on the dangers and common problems that riding a motorcycle can cause clients. Furthermore, the motorcycle accident lawyer or firm must be experienced in litigating on behalf of motorcycle accident victims and have the resources, willingness, and ability to take the case to trial if necessary.
A number of personal injury lawyers, including some of the biggest advertisers, either do not litigate themselves or pass the litigation work off to another law firm. It important for the injured party to inquire about the attorney’s experience litigating cases, whether the attorney or law firm handles its own litigation, and whether the firm or attorney has the resources necessary to zealously advance the case to trial if necessary. It is essential to consult with an experienced and competent motorcycle accident and injury attorney.
Motorcycles and mopeds.—
(1)Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.
(2)(a)Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
1.When overtaking or passing another vehicle proceeding in the same direction.
2.When preparing for a left turn at an intersection or into a private road or driveway.
3.When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.
(b)Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
(3)A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
(4)No person shall propel a moped upon and along a sidewalk while the motor is operating.
(5)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.