The controversial bill (House version HB 837 and Senate version SB 236) was fast-tracked through the legislature and signed by the governor within hours of it hitting his desk. It undercuts a laundry list of rights for personal injury plaintiffs – but those in Florida motorcycle accidents will suffer a particularly outsized impact.

Essentially, the measure imposes sweeping limitations on Florida lawsuits, most of those broadly and unapologetically shielding insurers and big businesses from payouts in injury cases – at the expense of those most seriously hurt. Many of the motorcyclists who turned up to protest, according to the Tallahassee Democrat, are “diehard, staunch DeSantis supporters, Trump supporters, and lifelong Republicans.” But as several of them noted, “This is bad for everyone.”

What exactly is the change motorcyclists are most upset about? The shift in the comparative fault standard.

As our Fort Lauderdale motorcycle accident lawyers can explain, for years under F.S. 768.81, Florida followed a system of pure comparative fault. Essentially, that means everyone is responsible for their own share of the fault. If you are hurt in a car accident and are 40 percent responsible for what happened, you can still hold the other driver accountable for their 60 percent share of the blame. In a pure comparative fault standard system, this fair share liability principal goes all the way to 99%/1%. So if a plaintiff is 99 percent liable and the defendant 1 percent, the plaintiff can still collect on that 1 percent in damages. (That’s not an ideal outcome, of course, and injury lawyers paid on a contingency fee basis were already less likely to take on weaker cases for this reason, as they are paid a portion of the damages ultimately paid out. This is one of the reasons the argument about “frivolous lawsuits” being problematic holds little water. It’s not easy to win – or get paid – for a Florida injury lawsuit that isn’t strong on its merits.)

This new law turns pure comparative fault on its head. Now, Florida has a standard of modified comparative fault with a 51 percent bar. This means that if the plaintiff is more than 50 percent responsible for their injuries, they can’t collect a dime from the other at-fault party. So if the other driver is 49 percent at-fault, they pay nothing. The financial burden rests solely with plaintiffs.

Why do motorcyclists care so much?

Because a motorcyclist can be faulted for their own head injuries if they don’t wear a helmet.more

Quick reminder: Helmets are not required under Florida law for operators under 21, and haven’t been since the year 2000.

So a possible – maybe even common – scenario in Florida motorcycle accident lawsuits from now on will be:

• Negligent driver crashes into motorcyclist.
• Motorcyclist is not wearing a helmet, and suffers major brain injuries.
• Motorcyclist (or their surviving spouse) sues the at-fault driver for causing the crash.
• Defendant attorneys argue that but-for the lack of a helmet, the motorcyclist’s head injuries wouldn’t be so catastrophic. And head injuries comprise the majority of damages sought.
• Jury finds motorcyclist is 51 percent liable for their injuries – mainly because they weren’t wearing a helmet, not because they caused the crash.
• Motorcyclist is compensated nothing.

Making matters worse is the fact that motorcyclists aren’t entitled to no-fault personal injury protection (PIP) insurance coverage that every other motorist is. PIP coverage offers insureds up to $10,000 in damages for personal injuries and lost wages in a crash – regardless of fault. But motorcyclists aren’t eligible for this coverage. So when we say they walk away with nothing: They’d truly walk away with nothing. (That is, if they can still walk at all.)

And what happens if they can’t work, can’t maintain health insurance, etc.? Taxpayers pick up the tab.

Said a representative of the Florida Justice Association, “This represents the largest transfer of money, rights, and power from Floridians to the insurance industry that we’ve ever seen.”

So while proponents maintain that this measure was necessary to address the “cottage industry of lawsuits,” the reality is that the entire bill (and there’s much more to it) benefits insurers while shutting out consumers – and particularly those individuals who have suffered the most substantial personal injuries, which often include motorcyclists.

All of this doesn’t mean it’s impossible to win Florida motorcycle accident cases from here on out – but it will be tougher. Having an experienced injury lawyer at your side will be an absolute imperative.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Why Florida bikers are leading the attack on lawsuit limits backed by DeSantis, Republicans, March 14, 2023, By John Kennedy, USA Today Network – Florida

More Blog Entries:

Florida Personal Injury Plaintiffs Now Face New Comparative Fault Standard, April 10, 2023, Fort Lauderdale Motorcycle Accident Lawyer Blog

According to the U.S. Department of Transportation, there were approximately 68,000 collisions reported in work zones nationwide. A higher proportion of fatal work zone crashes occur on the interstates, followed by urban arterials. Motorcyclists in construction zones have to continuously scan for debris, milled road surfaces, steel plates, loose gravel, road sealants and other dangers that could result in an edge trap (a sudden cut or drop in the road that might catch the tire of the bike).

We’re seeing more of these instances as construction picks up and we have more people riding motorcycles than ever before. The Federal Highway Pavement Monitoring System reports there was a 90 percent uptick in motorcycle registrations between 1997 and 2007, and motorcycle crashes overall make up an increasing percent of roadway fatalities and serious injuries. Just recently, a motorcyclist critically hurt in a construction zone settled his lawsuit against the state DOT, its construction contractor and a dump truck driver for $18.5 million.

According to The Chronicle, the settlement is believed to be the largest of its kind against that state’s DOT.

The lawsuit was filed in June 2015, just one month after the motorcycle accident that nearly killed the plaintiff. The facts of the case were “hotly disputed,” but we do know the collision occurred around 5:20 a.m. one morning as the 46-year-old motorcyclist was passing through a construction zone. The complaint alleges plaintiff’s motorcycle crashed into a dump truck driven by an employee of the construction contractor as he allegedly made an illegal u-turn that blocked the ramp. Plaintiff asserted the driver should have used the gravel access road if he needed to turn around. Instead, he was permitted by his supervisors to make the u-turn on the ramp – even though it was dark and even though there was no flagger available to alert oncoming traffic.

As a result of the crash, plaintiff suffered brain damage, numerous broken bones and paralysis. He spent more than one year in the hospital and later in rehabilitation facilities. He still uses a motorized scooter to get around. His partner and legal guardian filed the lawsuit on his behalf. The matter was slated to go to trial in October, but after a series of focus groups determined a jury would likely hold the state at least partially responsible – and plaintiff was originally asking for $30 million – defendants agreed to a pre-trial settlement.

For motorcyclists, poor road conditions, negligent drivers and poorly-marked changes in the road could present serious hazards. That’s why road awareness is extremely important at all times, but especially so when riding through a work zone.

Our experienced motorcycle accident attorneys are dedicated to fighting for the rights of motorcyclists injured as a result of the negligent act or omission of another. Government agencies and construction companies owe a duty to maintain safe roadways and to quickly address foreseeable hazards.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

$18.5 Million Settlement Reached in Interstate 5 Motorcycle Crash Lawsuit, Aug. 26, 2016, By Natalie Johnson, The Chronicle

More Blog Entries:

Florida BUI Laws Come Under Scrutiny, Nov. 7, 2016, Fort Lauderdale Motorcycle Accident Lawyer

The Times Free Press reports that the fatal accident, which happened in Tennessee in May, occurred when a 33-year-old reportedly left a local nightclub behind the wheel of a friend’s BMW. He reportedly had just been in an argument with his girlfriend when he pulled out into traffic from the parking lot and immediately struck an Ironhorse motorcycle driven by decedent. The 60-year-old rider, who hours earlier had attended his daughter’s high school graduation, was pronounced dead at the scene by first responders. Henry Cofrancesco, the driver of that car. refused to undergo field sobriety tests at the scene, but police obtained a warrant to conduct a non-consensual blood draw. He was arrested four months later on charges of vehicular homicide, DUI, cocaine possession and leaving the scene of an accident/ failure to render aid.

Now, decedent’s widow and child are seeking damages for wrongful death and loss of consortium. The lawsuit alleges staffers at the nightclub knew or should have known how drunk Cofrancesco was and failed to stop serving him and/ or stop him from driving. The owner of the vehicle is accused of negligent entrustment for allowing Cofrancesco to drive the vehicle, despite his state of impairment.

Vehicular homicide is a serious charge no matter in which state you live, and defendant driver is facing a maximum 30 years in prison. Still, that will not help decedent’s family for the great emotional and financial losses they have endured as a result of his wrongful death.

Motorcycle accidents claim 4,600 lives every year, according to the National Highway Traffic Safety Administration (NHTSA). Another 90,000 are injured. They account for 14 percent of all motorists killed on our nation’s roadways and 4 percent of those injured – which is hugely disproportionate to their presence on the road. In Florida, there were 456 motorcyclists killed in 2014, which is second in the nation only to California, which has double our population and a total of 501 motorcyclist deaths. Texas ranked third with 421 motorcycle fatalities.

Motorcyclists are among the most vulnerable road users and drivers of cars, trucks, vans and other vehicles simply fail to watch out for them.

Legal options following a Florida motorcycle accident will depend on the circumstances of each individual situation, but some that may be worth considering:

• Claims against the other driver. This is typically the first order of business because while other motorists may be protected by the state’s no-fault personal injury protection (PIP) coverage, PIP won’t cover those involved in a motorcycle crash unless they have purchased special motorcycle PIP coverage. However, this isn’t required by law, so a lot of riders don’t have it. Claims against the other driver are usually the first step.
• Uninsured/ Underinsured Motorist (UM/UIM) Coverage. This type of coverage will extend protection in the event the other driver doesn’t have insurance or doesn’t have enough insurance to cover the totality of your losses, which is often the case in motorcycle accidents.
• Dram Shop Law. Dram shop litigation allows injured third parties to pursue compensation from the bars or restaurants that negligently served alcohol to a patron who in turn caused a drunk driving accident. However, these laws vary greatly from state-to-state, and the dram shop law in Tennessee is more generous than the one in Florida. F.S. 768.125 says those who sell alcohol to persons of lawful drinking age can’t be liable for injury or damages resulting from that intoxication. The only times a bar or restaurant can be liable is if alcohol is willingly and unlawfully sold to someone who is under 21 or someone who is known to be habitually addicted to alcohol.

If you have been injured or a loved one killed in a motorcycle accident, our dedicated team of injury lawyers can help you determine the best course of legal action.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Man charged with vehicular homicide now faces $7 million civil lawsuit from victim’s widow, Sept. 23, 2016, By Zack Peterson, Times Free Press

More Blog Entries: Vasquez v. American Cas. Co. – Workers’ Compensation and UIM Benefits, Oct. 16, 2016, Fort Lauderdale Motorcycle Accident Lawyer Blog