Riding as a pillion passenger on a motorcycle can be a lot of fun. However, motorcycle accidents occur frequently in Florida, and passengers can suffer severe injuries in a crash. As a pillion passenger, you have legal rights that enable you to receive compensation if you are injured due to another driver’s negligence. This article provides tips on how to protect your rights after a motorcycle accident in Florida.
Understand Your Legal Rights as a Pillion Passenger
Florida is a no-fault insurance state, which means that in the event of an accident, you first seek compensation from your own Personal Injury Protection (PIP) coverage before making a claim against the at-fault driver. PIP covers medical expenses and a portion of lost wages, up to the policy limit. If your damages exceed the PIP limit, you can make a claim against the at-fault driver’s liability coverage.
As a pillion passenger, you are entitled to the same compensation as the motorcycle operator if the other driver was at fault. Your legal rights include:
- Recovering medical costs, lost wages, pain and suffering damages if the other driver was negligent
- Receiving compensation even if the motorcycle operator was partially at fault, under Florida’s comparative negligence laws
- Suing the other driver directly for compensation if their insurance is insufficient
- Filing a claim against your uninsured/underinsured motorist coverage if the at-fault driver has no insurance
Follow Proper Post-Accident Procedures
The actions you take immediately after the accident can impact your ability to receive full compensation. Here are important steps to take:
Seek medical attention immediately, even if you don’t think you were seriously injured. Symptoms of some injuries can take days or weeks to manifest. Getting prompt medical care will also document your injuries.
Report the accident to the police and cooperate fully with the investigation. Make sure the police report reflects accurately how the accident happened. Provide as many details as you can remember to the responding officers.
Gather information at the scene. Get the contact and insurance details of all parties involved, as well as the names and contact info of any witnesses. Ask witnesses to give an official statement to the police describing what they saw.
Take photos of the accident scene from multiple angles, vehicles, license plates, and your injuries. Also draw a diagram of how the vehicles collided while the scene is still fresh in your mind.
Notify your insurance company about the accident as soon as feasible. Provide all details about what happened and ask them to launch an immediate investigation.
Do not admit fault or sign any documents without consulting your attorney from Monge & Associates. What you say and sign can affect your right to compensation. Refuse to provide any recorded statement to insurance adjusters without your attorney present.
Consult with a Motorcycle Accident Attorney
Retaining an experienced Florida motorcycle accident attorney from Monge & Associates is highly recommended if you are injured as a passenger. An attorney from our firm will handle the legal complexities and negotiate aggressively on your behalf to ensure you receive the maximum compensation you deserve. Your attorney can assist with the following:
Investigating the accident to determine fault and how negligence such as drunk driving caused the crash. They will collect all physical evidence, study skid marks, take additional photos, and reconstruct how the collision occurred.
Gathering evidence including crash reports, eyewitness statements, photos/video footage, and expert analyses. An experienced motorcycle accident attorney from Monge & Associates knows how to locate all pertinent evidence.
Determining all liable parties and navigating Florida’s complex insurance laws. They will identify all potential defendants and legal avenues for recovering damages.
Calculating damages and losses including medical bills, lost income, disability, and impact on future earning capacity. Your motorcycle accident attorney will consult with medical and financial experts to accurately quantify your losses.
Negotiating with insurance companies and pursuing legal action if a suitable settlement is not offered. Your personal accident injury attorney from Monge & Associates knows how to aggressively negotiate for maximum compensation.
Consider the Types of Compensation Available
As a passenger, there are various types of damages you can claim depending on the specific circumstances of your accident and injuries. Besides medical expenses and lost wages, some other types of motorcycle accident compensation potentially available to you include:
- Pain and suffering damages for any physical and emotional trauma caused. Keep a journal documenting your struggles and emotional distress to support this claim.
- Loss of consortium damages if the injuries negatively impact your relationships. Provide concrete examples of how your injuries have harmed your marital relations and family life. For example, if you have been diagnosed with PTSD after your motorcycle accident, you might be struggling with insomnia, anxiety, and depression, which make it hard for you to socialize and go to work. Not surprisingly, this will impact your relationships over time.
- Punitive damages if the other driver was under the influence of drugs/alcohol or acted maliciously. Your attorney can pursue sizable punitive damages in such cases by highlighting the defendant’s egregious behavior.
- Compensation for permanent disability or disfigurement. Have your physicians comprehensively evaluate any long-term impairments.
- Loss of enjoyment of life damages for impact on recreation and activities. Keep records of how your injuries have prevented you from hobbies, travel, sports, intimate relations and other activities.
Consult with your attorney from Monge & Associates to determine the full value of your motorcycle accident claim as a pillion passenger. An aggressive legal strategy is key to recovering the maximum amount.
Being involved in a Florida motorcycle crash can be a life-altering experience. However, understanding your legal rights and taking the appropriate actions after an accident in Florida can help protect you and ensure you receive just compensation. Partnering with an experienced attorney from Monge & Associates enhances your ability to obtain the damages you rightly deserve.
We have offices in 32 locations and 19 states, including Florida, Arizona, and Illinois.
Call now for a free consultation on (888) 477-0597.