The state of Florida is home to many avid motorcycle lovers and, along with California and Ohio, has some of the most motorcycle registrations in the U.S., resting at roughly 585,000 in 2017. However, with such high numbers of motorcyclists on the roads of Florida, motorcycle accidents can be a regular occurrence in Fort Myers.
There are roughly 600 motorcycle accident-related deaths in Florida every year, and of 10,331 motorcycle accidents in 2016, 8256 drivers suffered injuries. The potential for injuries increases in a motorcycle, in comparison to a car or truck, due to them lacking the protection of being surrounded by a steel frame, airbags, and other automobile safety features that reduce the risk of injury. To add to this, insurance companies are known to stereotype motorcyclists as being reckless purely because they are bikers, often affecting claims.
If you or a loved one have been involved in a motorcycle accident in Fort Myers that was not your fault, then contact The Law Place today. At The Law Place, our team of accident lawyers possesses a combined 75 years of experience in dealing with motorcycle injury cases. Call our law firm today to organize a free consultation and case review with an accident attorney on our team. Contact us on (941) 444-4444. Phone lines are open 24/7.
Common Causes Behind a Fort Myers Motorcycle Accident
Two of the most prevalent causes behind Fort Myers motorcycle accidents are drivers straying from the lane of travel or disobeying any right of way laws. It is often the case that most fatal motorcycle accidents will be because of a head-on collision than any other cause. This can include a head-on accident on a two-way road or one vehicle turning in front of another without possessing the right of way. Less common but other existent causes behind Fort Myers motorcycle accidents include:
- Poor weather conditions – Rain, snow, and ice can all make for dangerous road conditions that have the potential to cause a motorcycle accident.
- Driving under the influence – The National Highway Traffic Safety Administration (NHTSA) reports that a lot of motorcycle accidents involve at least one of the drivers having a blood alcohol content level to consider being over the influence.
- Not checking mirrors – It is common for a driver to stop and open their vehicle door without checking for oncoming traffic; this can impede the motorcyclist’s path of travel and cause a motorcycle accident.
- Too much force on the front brake – If a cyclist brakes too forcefully, the cyclist’s momentum can rapidly throw them over their handlebars.
- Lane splitting/white-lining – Cutting in between slower vehicles across lanes is very dangerous and has the potential to cause a serious motorcycle accident.
- Road imperfections – E.g. potholes or roadworks.
- Not checking the blind spots.
- Road rage.
If you have been involved in a Fort Myers motorcycle accident that was not your fault, then contact us today by calling your local ‘The Law Place’ law firm. As a motorcycle driver in Florida, you should not have to fear the roads or being involved in a potential accident; you have every right to enjoy driving in a safe and reasonable manner. Thus, you may have the right to compensation if the accident is caused by the negligence of somebody else.
Contact a motorcycle accident attorney from our law firm today to organize a free consultation and case evaluation.
For a free legal consultation with a motorcycle accidents lawyer serving Fort Myers, call 941-444-4444
Motorcycle Helmet Laws in Fort Myers, FL
Florida currently has no laws that stipulate a motorcycle driver over the age of 21 has to wear a helmet, as long as they have purchased a minimum of $10,000 in medical insurance coverage for an injury/injuries caused by a motorcycle accident.
Helmets are 37% effective in preventing a motorcycle accident-related fatality and 67% effective in preventing a dangerous head injury caused by the accident. Helmets may not protect the rider from every possible injury, but the lack of a helmet could leave the rider more susceptible to a severe head injury or even death in some cases. For these reasons, if you own a motorcycle, it is best to always wear a helmet.
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What Should I Do After Being Involved in a Fort Myers Motorcycle Accident?
If you have been involved in a motorcycle accident in Fort Myers, Florida, and are stable and looking for some quick advice on what to do, then here are some basic tips. You must do your best to protect yourself and others from further injury, so do not continue with these steps if they put you at risk or are not stable enough to do so.
- Prioritize your safety and that of others involved – To begin with, it is vital to make sure you are safe. Get away from the vehicle if you can and away from the road. If it is possible, you should also try to ensure everybody else is safe too. If someone appears to be injured, do not attempt to move them as this could worsen their injury.
- Call emergency services – As soon as you are safe, if it has not already been done, you must call 911 and alert the emergency services of the accident. This must be done as per Florida Statute 316.062. They will ensure your safety and compile an important police report, which will be useful to your case further down the line.
- Gather useful evidence – Immediately after you are well enough to do so, you should take pictures of the accident scene, any vehicles involved, the road conditions, and any damage. It is also useful to get any contact details for any witnesses as well as the other driver if they are stable (this includes their name, address, phone number, and insurance details). This can all be extremely beneficial to any potential future case. Again, only do so if you are well enough.
- Seek medical attention – You must seek medical care as soon as possible, not only for your own benefit but also from a legal standpoint. As per Florida Statute 627.736, you must receive medical care within two weeks of the accident, or the insurance companies can devalue or even deny your case. Additionally, even if you feel well, there could be a potential injury only a doctor could detect.
- Contact a Fort Myers motorcycle accident lawyer – Once you are both physically and mentally well enough, it is advisable to contact a motorcycle accident attorney. The sooner after the accident, the sooner they can compile evidence and ensure it is of good quality. The longer you leave this, the harder it will be to ensure the quality of evidence found.
Some other important tips to remember include:
- Never accept liability at the scene – People at the scene may take whatever you say and twist it to their particular narrative to put the fault on you. Many people miss out on compensation because they apologize/ outright accept liability at the scene.
- Be careful what you say to insurance companies – Similar to witnesses and first responders at the scene, an insurance company could also hold your words against you, and this can affect your case. Always speak to a personal injury lawyer first.
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Common Injuries Following a Motorcycle Accident
Motorcycle accidents can occur between two motorcycles, a motorcycle and another type of vehicle, a motorcycle and a pedestrian or animal, or the motorcyclist alone. Because a motorcycle doesn’t offer much protection, in comparison to cars, then many injuries can occur following such an accident, including:
- Traumatic head injuries.
- Neck injuries, such as whiplash.
- Fractured, broken, or/and crushed bones.
- Spinal cord injury.
- Severe burns.
- Cuts, scrapes, and bruises.
- Internal bleeding or organ damage.
Psychological injuries are also considered in a personal injury lawsuit following a motorcycle collision. Examples include, but are in no means limited to, depression, post-traumatic stress disorder (PTSD), anxiety, and isolation.
If you have suffered an injury that was not your fault, then call The Law Place and organize a free case review. An experienced personal injury lawyer from our law firm will be able to fully explain whether you will be owed compensation. It is important you receive the justice you so deserve after such a traumatic accident.
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What Damages Can Be Claimed for After Motorcycle Accidents in Florida?
Following a motorcycle accident in Fort Myers, FL, there will be a range of damages your lawyer may be able to build a case for and have claimed back in your final settlement. Examples include:
- Lost wages -If you have had to have time off work and thus lost wages because of your motorcycle accident, then you could be owed compensation. This will cover said lost wages, and if you are unable to return to work, you may be able to claim for a loss of earning capabilities too.
- Medical expenses – If you have sustained an injury/injuries in your motorcycle accident, then you will be able to make a case for claiming back any medical costs. Additionally, if your injuries are long-lasting, then you may be able to claim for any future costs or costs for altering your lifestyle, e.g. hiring a carer or making necessary amendments to your home.
- Property damage – It is likely that during a motorcycle accident, your vehicle will sustain damage, and therefore any repair or replacement costs will be included in your final settlement costs.
- Pain and suffering – This form of damages involves any mental or physical suffering following your motorcycle accident
- Wrongful death – If you have unfortunately lost a loved one in a motorcycle accident, then you will be owed compensation to cover any funeral expenses and loss of consortium. This will be awarded if you successfully file a wrongful death lawsuit as per Florida Statute 768.21.
If you believe you are owed any of these forms of damages, then get in contact with a personal injury lawyer from The Law Place, Fort Myers, FL. A personal injury will be able to distinguish what forms of compensation you should be owed and build up evidence for each so that your case will be successful. Call us today to organize a free case review.
Determining Liability After a Motorcycle Accident in Fort Myers, Florida
After motorcycle accidents, it is important to establish who was at fault and who will take liability for the collision. Each driver on the road owes a duty of care to other drivers and pedestrians. This means they must act as a reasonable person would to ensure the safety of others. If a driver owes a duty of care, breaches this duty, this breach causes damages, then the liability will rest with this person. People who could be found liable after a motorcycle accident include, but are not limited to:
- Motorcycle driver -If the motorcycle driver behaved negligently or recklessly, they will be found liable for the injuries/damages any other victims receive.
- The driver of another vehicle – As with the motorcycle driver, if the driver behaves recklessly, they will be held liable.
- Motorcycle manufacturer – If the motorcycle manufacturer or manufacturer of a part distributes a faulty product that later causes an accident because of this malfunction, then they could be found liable for the accident.
- Government entity – If the collision is caused by something under government jurisdiction, they could be found liable, e.g. potholes or the lack of a stop sign where one should be.
Florida operates under comparative negligence laws in regard to personal injury claims. This means that if multiple parties can be found at fault, then the liability can be placed upon each party. If you had some fault in the motorcycle accident, then as long as it was below 50%, you could still be owed compensation. For example, if you were 20% at fault, then your final settlement will be reduced by this percentage.
There is a Time Limit on your Case!
If you or a loved one have been involved in a motorcycle accident, then it is important you act as quickly as possible and hire a Fort Myers motorcycle accident lawyer. In the state of Florida, Florida Statute 95.11 sets out that there is a time limit on how long a civil case can be presented. This particular statute means that following a motorcycle accident in Fort Myer,s you will only have four years from the date of the collision to present your case, otherwise, the claim will be permanently barred, and you will be unable to receive any compensation you may be entitled to. If you have unfortunately lost a loved one in a motorcycle accident, then the time limit for a wrongful death lawsuit will be reduced to an even shorter two years.
Additionally, as per Florida Statute 627.736, you will be required to seek medical care within two weeks following the motorcycle collision. This is for insurance purposes. If said two weeks elapse, then the insurance companies involved in your claim are able to use this to devalue your claim or completely disregard it because you left it too late, and thus, your injuries must not be serious enough.
If you have been involved in a motorcycle accident in Fort Myers, Florida, that was not your fault, then call The Law Place today to organize a free consultation with a dedicated motorcycle accident attorney from our law firm.
Contact The Law Place Today!
If you have been involved in a collision that was not your fault, then call The Law Place today. Here at The Law Place, are team is committed to helping you receive the justice you so deserve. Motorcycle accidents can completely affect your life and be extremely traumatic, so it is important you focus on your own wellbeing following one instead of worrying about legal stress. A lawyer on our team will be able to help you, possessing a combined 75 years of experience, and many being AVVO 10.0 rated, you know your case will be in the best of hands.
If you are looking for an accident lawyer in or around the Fort Myers, FL, area, then contact us today to organize a free consultation with our team so that we can discuss what can be done for you. Call us today on (941) 444-4444. Phone lines are open 24/7 for your own convenience.
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