Florida is one of the top tourist destinations in America, and many choose to see the St. Augustine area on their motorcycle. Unfortunately, riders may still get into a collision, and any motorcycle accident involving injuries is a serious and complex process. When that accident occurs while you are riding out of state, filing a successful claim for damages may be even harder.
A dedicated motorcycle crash lawyer experienced in handling out-of-state motorcyclist accidents in St. Augustine. If you have been implicated in a motorcycle accident and are from another state, an attorney could help explain Florida traffic law and help you assert your legal rights against the responsible party’s insurance company and in court.
What Jurisdiction Does a St. Augustine Motorcycle Accident Fall Under When it Involves an Out-of-State Biker?
Jurisdiction refers to a court’s authority to rule over a case. Typically, the state where the motorcycle accident occurs will have jurisdiction over the motorcycle case regardless of whether one of the parties is not a resident of that state. Plaintiffs involved in out-of-state motorcycle collisions in St. Augustine would file a lawsuit in St. Johns County, Florida.
State laws govern procedure and recoverable benefits in all cases with Florida state jurisdiction. Plaintiffs may find it difficult to work on a case so far from home, especially without local assistance.
However, there are some exceptions to state jurisdiction in a motorcycle crash case. If the accident involved multiple parties from several different states, and there were at least $75,000 being sought in damages, the case may fall under the rule of diversity jurisdiction. In diversity jurisdiction cases, a federal court and judge will be involved.
Determining Fault in a St. Augustine Motorcyclist Accidents
A determination of fault is not a simple task, and the process varies by state. As a no-fault state, Florida motorists must first use their insurance policy’s Personal Injury Protection, or PIP, to cover their medical bills and lost wages stemming from an accident. However, motorcyclists are not obligated to carry PIP insurance. Bikers are still legally obligated to carry insurance that covers:
- $10,000 in bodily injury liability coverage per person
- $20,000 in bodily injury liability coverage per accident
- $10,000 in property damage liability insurance
- $10,000 in medical payments coverage
Florida’s no-fault system intends to rid the court system’s case docket of smaller cases that could be resolved by an insurance adjuster. However, injured parties in out-of-state motorcycle accidents in St. Augustine retain the right to sue the other drivers directly for monetary compensation.
Time Limits for Motorcycle Accident Claims
A statute of limitations restricts the amount of time after a crash that an injured party may file a claim for damages. The purpose of this statute of limitation is to ensure that the case is brought before a judge and jury in a timely manner. In Florida, an injured party has four years following their motorcycle wreck to file a personal injury claim. Even if an injured motorcyclist is from out-of-state, if they fail to file their accident claim in St. Augustine within the prescribed time, they may forfeit their right to seek compensation.
Speak to an Attorney About Your Out-of-State Motorcycle Crash
The last situation someone wants to experience while out of town is a devastating accident. Being involved in a motorcycle crash can be a very confusing and stressful time, especially if you have been severely harmed.
An experienced lawyer who has experience handling out-of-state motorcyclist accidents in St. Augustine could promptly review your case, and help you pursue a claim. Call today to schedule an initial consultation to explore your legal options for recovery.