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Not all motorcycle accidents involve another rider or driver. According to RideGroups.com, only 30 percent do. 25 percent of all motorcycle accidents are single vehicle accidents where the rider hits an obstacle in the road or another fixed object. Less than 3 percent are caused by vehicle failure. 

Although other vehicles may not be involved in the crash, the drivers of these vehicles may act in such a way as to cause a motorcycle accident. This involves violating the motorcycle’s right-of-way which may cause a motorcycle rider to lose control of his/her bike when attempting to avoid another vehicle. Also, any sudden stops made by motorcyclists to avoid a car or object may result in a single motorcycle accident. 

Road hazards and obstacles in the road may also cause motorcycle accidents. There are some common road conditions such as maintenance and road design which can be hazards to motorcyclists on the road. 

As with other motor vehicle accident cases, motorcycle accident claims tend to be governed by the legal concept of negligence. Should accidents be caused by road hazards due to poor design or lack of maintenance then negligent parties may include: 

Public entities 

Depending on the roadway where the accident occurs, the state, county, city or other public agency that maintains the roadway may be negligent. It should have known about the hazard and could have taken preventive measures including adding signage as a warning to those using the roadway. 

Private individuals or businesses 

Private individuals or businesses may also be negligent. An example could be an item falling out of a business truck causing a motorcyclist to crash. The business owner may be liable for the biker’s injuries. 

Vehicle failures 

Motorcycles are made up of many parts, and a defect in any one of them could cause an accident where the motorcyclist sustains serious injuries. The manufacturer, distributor, and seller of the defective part(s) can be liable for damages under various scenarios including: 

• Failure to inspect or test the product before placing it on the market
• Designing a flawed product
• Failing to discover a defect in a product
• Failure to warn of a risk or hazard associated with the product 

Product liability law protects victims and allows them to recover damages if he/she can demonstrate that the product was defective and unreasonably dangerous. 

Florida law 

Florida law says that motorcyclists are entitled to damages even if they are more than 51 percent at fault. However, they are treated differently from passenger vehicle drivers. They are not covered under Florida’s no-fault law because they do not have four or more wheels. This is the same for mopeds, motor scooters, three-wheeled ATVs and similar equipment which are not considered “motor vehicles”. Motorcycles are not covered by PIP (personal injury protection) insurance. 

Can a motorcyclist recover for medical expenses or other losses? 

“Since motorcyclists have much less physical protection than those in other vehicles, accidents are much more serious for bikers. Recovering medical expenses or other losses depends on the individual case. It is important to contact an experienced motorcycle accident attorney to discuss your case,” said Fort Myers motorcycle accident attorney, Randall Spivey. “Our firm has handled many motorcycle cases, and there are no costs or attorney fees unless we make a monetary recovery for you. After seeking medical attention, please contact us to assist you.”

Ft. Myers Motorcycle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.