Motorcycle Accident Without Endorsement: What Are My Rights?
Motorcycle accidents often cause devastating damages, including catastrophic personal injuries. When another person or party is responsible for a motorcycle crash, they should be held accountable for all the damages related to the collision. However, if someone is involved in a motorcycle accident without a motorcycle endorsement, they are likely to wonder what their legal rights are regarding compensation.
Motorcycle accident lawyers at Chanfrau & Chanfrau help riders in Daytona Beach, FL, Palm Coast, FL, and surrounding areas understand their rights following a motorcycle crash, so that they can pursue the compensation they are due, regardless of if they had the proper motorcycle endorsement.
Motorcycle Endorsement Requirements in Florida
Florida law requires that anyone operating a motor vehicle that has a seat for the rider and no more than three wheels that make contact with the ground carry a motorcycle endorsement, provided that the motor vehicle’s engine is over 50 cubic centimeters. Individuals can obtain a motorcycle endorsement from the Florida Department of Motor Vehicles by taking a basic rider course through an authorized sponsor of the Florida Rider Training Program. A motorcycle endorsement can be added onto a class E driver’s license, or riders can obtain a motorcycle-only license.
Can I Be Punished for Riding a Motorcycle Without an Endorsement?
Riding without a proper motorcycle endorsement is a second degree misdemeanor in the state of Florida. Riders can be punished by up to 60 days in jail and up to a $500 fine.
Can I Pursue Compensation for Damages if I am in a Motorcycle Accident Without Endorsement?
A question that is commonly asked of our Daytona Beach lawyers is, “can I pursue compensation for damages if I am in a motorcycle accident without endorsement?” Many riders assume that they forfeit their right to financial compensation if they are operating a motorcycle without the proper endorsement, but that is not necessarily the case. If another person or party’s reckless or negligent actions caused a motorcycle accident, injury victims can usually still pursue financial compensation for property damage, physical injuries, and economic and non-economic losses associated with the collision.
No Motorcycle Endorsement and Comparative Negligence
Although it is possible to sue for accident damages even if a rider is not carrying the proper motorcycle endorsement at the time of the crash, it is important to understand that Florida is a comparative negligence state. In a comparative negligence state, awarded accident damages may be lowered based on a person’s degree of collision liability.
The court (or insurance companies) have the right to split accident liability between more than one party. For instance, they may determine that a rider is 30 percent at-fault for an accident since they chose to operate their motorcycle without a motorcycle endorsement. If this were the case, any accident damages would be lowered by 30 percent, meaning that if an accident resulted in $100,000 in damages, but a rider is found 30 percent liable for the crash, they would only receive $70,000 ($100,000 minus 30 percent).
Contact Our Legal Team
If you have been injured in a motorcycle accident that was caused by another driver’s recklessness, you may be due financial compensation for accident damages, even if you did not have a motorcycle endorsement. To discuss the details of your case with the motorcycle accident lawyers at Chanfrau & Chanfrau, send us a message online, or call our Daytona Beach law firm at (386) 258-7313.
