Accused of Racing Before a Motorcycle Accident in Tampa

If you were injured in a motorcycle accident, insurance companies might accuse you of all kinds of things. Why? The answer is simple: If they can establish that you did something wrong before your accident, you might lose the right to pursue compensation. Rightly or wrongly, motorcyclists have a reputation for being street racers. So what can you do if you were accused of racing before your motorcycle crash in Tampa?

Understand the Legal Definition of Street Racing in Florida 

Florida has strong and extensive laws against street racing. You should know that you can face consequences for alleged street racing even if you never actually pre-arranged a race with another motorcyclist. Florida’s street racing statute states that you only need to engage in a “competitive response” with another driver on the road. In other words, you can face consequences for street racing even if you never spoke with the other driver and merely tried to outgain them on the road.

That said, street racing can be difficult to prove in Florida. Merely overtaking another vehicle does not constitute street racing, even if it seemed to an outside observer that you were engaging in a competitive response. At the end of the day, these allegations are highly subjective.

The burden of proof for criminal cases is much higher compared to the “preponderance of evidence” standard in civil injury cases. In other words, it is easier to prove that you were doing something wrong in a civil court compared to a criminal court. Still, the insurer and the defendant must establish that you “more likely than not” were street racing at the time of the accident. If the only evidence is the eyewitness testimony of the other driver, it could be relatively easy to push back against these allegations.

Florida’s Modified Comparative Negligence Statute Helps With Allegations

Florida’s modified comparative negligence statute can also help with allegations of street racing. Even if you were partially at fault for your accident, you can still pursue compensation in many cases. For example, the defendant and their insurer might establish that you were 33% responsible for your crash due to your reckless conduct before a crash.

If the other driver is 66% responsible for the crash, you can still pursue 66% of your normal compensation. Your lawyer can help you establish that the other driver was the primary cause of the crash, regardless of what you were doing in the moments before the collision.

 Work With a Local Motorcycle Accident Lawyer in Tampa 

If you’re trying to fight for your rights after a motorcycle accident, consider working with a local Tampa motorcycle accident lawyer who cares about your unique needs. Anderson & Anderson has been pursuing compensation on behalf of injured motorcyclists for many years, and we are familiar with the various challenges you might face. Book a consultation today to get started with an effective strategy.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.191.html