Motorcycle accidents in Broward County can result in devastating injuries, leaving riders facing extensive medical treatment, time away from work, and significant financial strain. Unlike drivers in enclosed vehicles, motorcyclists are more vulnerable on the road, and even a seemingly minor collision can have life-altering consequences. In these cases, determining who is at fault becomes a central issue.
In Florida, assignment of liability in personal injury cases is based on the principle of comparative negligence, which can determine the outcome of a motorcycle accident claim. If you have been injured in Broward County, you need to seek legal support with a trusted personal injury law firm. A Broward County motorcycle accident lawyer at Winston Law understands how Florida’s laws apply to your case and can fight for your rightful recovery.
What Is Comparative Negligence?
Comparative negligence refers to a legal standard used to allocate fault when multiple parties share responsibility for an accident. Instead of assigning complete blame to a single person, a percentage of fault is distributed among all involved. This assigned level of fault directly influences the amount of compensation recoverable by the injured party.
For instance, if a motorcyclist is found 20% at fault for a crash and the other driver is 80% responsible, the rider’s total damages award will be adjusted by their level of fault. Therefore, a $100,000 verdict would result in an actual recovery of $80,000.
Florida’s Modified Comparative Negligence Rule
Florida used to be a pure comparative fault state. However, in March 2023, Governor DeSantis signed a tort reform bill into law. A pure comparative fault system means that an injured motorcyclist can secure recovery based on their percentage of responsibility for the accident. So, as long as the other party was deemed to have displayed some level of fault, you can get compensation, even if you were 99% responsible.
However, after the new tort reforms, Florida law shifted to a modified comparative negligence standard. Under the new rule, the injured party can only recover damages if the other party is found to be more at fault than they are. This means that the other party must be at least 50% responsible for the crash to seek damages against them. If they are deemed to be 49% and you are 51% responsible, you are stripped of the right to recover any compensation.
This change has a significant impact on motorcycle accident cases. Insurance companies and defense attorneys now have an incentive to argue that a motorcyclist’s actions contributed heavily to the crash, hoping to push fault above the 50% threshold to block recovery altogether. Common arguments insurers may raise include:
- Lane Splitting or Improper Lane Changes: Accusing the motorcyclist of weaving between cars or making unsafe maneuvers.
- Excessive Speed: Even minor speeding can be used to argue partial responsibility.
- Failure to Wear a Helmet: While not legally required for all riders over 21 in Florida, insurers may argue that the lack of a helmet compromised the motorcycle’s safety and worsened injuries and should reduce compensation.
- Visibility Concerns: Claims that the motorcyclist was difficult to see due to dark clothing, lack of reflective gear, or riding in blind spots.
- Distractions at the Time of the Accident: Use of phones, music devices, or other distractions can be raised as contributing factors.
- Riding Under the Influence: Any involvement of alcohol or drugs by either party can dramatically impact fault percentages.
Why Legal Representation Is Vital in Comparative Negligence Cases
The above tactics are deliberately designed to shift blame onto the rider and reduce or eliminate the settlement value of the case. However, because comparative negligence hinges on the percentage of fault, it is possible to gather substantial evidence to fight unfair assignment of responsibility. A Broward County motorcycle accident lawyer may use evidence such as:
- Accident Reports: Official police documentation of how the crash occurred.
- Witness Testimony: Neutral accounts of the incident can strengthen a rider’s position.
- Traffic Camera or Surveillance Footage: Visual proof of how the accident unfolded.
- Accident Reconstruction Experts: Specialists who analyze skid marks, vehicle damage, and road conditions to determine cause.
A lawyer representing you will focus on building a clear picture of the other driver’s negligence while minimizing claims that your actions contributed significantly to the accident.
Protect Your Rights After a Broward County Motorcycle Accident
Comparative negligence is key when litigating motorcycle accident cases in Broward County, especially under Florida’s new modified system. While this law can reduce or even bar recovery, a strong legal strategy can protect you from unfair shifting of blame. At Winston Law, we understand the challenges riders face when seeking justice after a motorcycle crash. Our Broward County motorcycle accident lawyers at Winston Law can protect your rights. Call us at (954) 475-9666 to request an initial consultation.
