Tampa Out-of-State Motorcycle Accident Lawyer
Central Florida is a major destination for tourists and business visitors. This includes motorcyclists who wish to take advantage of the Sunshine State’s open roads and relatively friendly motorcycle laws. Unfortunately, when a non-Florida motorcyclist is injured in a serious accident, that can create a number of legal complications with respect to seeking compensation.
The Tampa out-of-state motorcycle accident lawyer at Anderson & Anderson can advise and represent you in such scenarios. We are a dedicated team of Florida personal injury lawyers who have been serving clients for over 40 years. So even if you are an out-of-state resident, we can still review your Florida motorcycle accident and assist you in holding the responsible parties accountable for their actions.
Who Has Jurisdiction Over an Out-of-State Motorcycle Accident in Florida?
If you need to file a personal injury lawsuit following a motorcycle accident, a critical first step is determining what court has jurisdiction–i.e., the legal authority–to hear your case. Typically, motorcycle accident cases must be filed in the Florida circuit court where the accident occurred. So if an out-of-state motorcyclist is struck by a driver in Tampa, which is part of Hillsborough County, the victim would file suit in Florida’s Thirteenth Judicial Circuit.
However, when the plaintiff and the defendants in a motorcycle accident are residents of different states, and the total amount sought by the out-of-state motorcyclist exceeds $75,000, the case may be heard by a federal court, in this case the U.S. District Court for the Middle District of Florida. Even if the injured motorcyclist initially files their lawsuit in Florida state court, the defense has the right to remove–transfer–the case to federal court if these requirements are satisfied.
How Florida Laws Affect Out-of-State Motorcyclist Claims
Regardless of whether an out-of-state motorcyclist’s claim is heard in state or federal court, the substantive law of Florida governs any motorcycle accident that occurs within the state’s borders. This has a couple of critical implications for motorcyclists unfamiliar with Florida laws. First, Florida is a modified comparative fault state. This means that the defendant in a personal injury lawsuit can try to shift some (or all) of the blame for a motorcycle accident onto the motorcyclist. If a judge or jury then finds the motorcyclist’s relative fault was more than 50 percent, they recover nothing. And any degree of fault will reduce the amount of compensation the defendant must pay.
Second, Florida does not require motorcyclists over the age of 21 to wear helmets. However, it is expected that motorcyclists who choose to ride without a helmet carry a minimum amount of medical insurance to cover any potential motorcycle accident-related injuries. This can also have an effect on the full amount of damages an out-of-state motorcyclist may receive in a personal injury claim.
Contact Anderson & Anderson Today
Anytime you are hurt in a motorcycle accident, it is a good idea to seek out qualified legal advice. This goes double if you are a non-Florida resident injured while visiting the state. If you need to speak with a skilled Tampa out-of-state motorcycle accident lawyer, call Anderson & Anderson today at 813-251-0072 or contact us online to schedule an initial consultation.
