fort myers motorcycle accident lawyer
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.
Understanding Motorcycle Accident Compensation in Fort Myers
Motorcycle accidents, particularly in a bustling area like Fort Myers, can result in a maze of medical bills, repair costs, and intangible damages such as pain and suffering. Understanding the dynamics of compensation can help victims navigate the aftermath of the accident.
Most compensation after a motorcycle accident revolves around economic and non-economic damages. Economic damages are quantifiable and have explicit values attached to them, such as medical bills and lost wages. Non-economic damages, on the other hand, are subjective and pertain to the pain, suffering, emotional distress, and loss of companionship a victim might experience post-accident.
As of 2023 in Florida, the concept of ‘modified comparative negligence’ applies. This means that the amount of compensation you might receive can be reduced based on your percentage of fault in the accident. For instance, if it’s determined that you were 20% at fault in the accident, you could potentially receive only 80% of the compensation. If you are found to be more then 50% at-fault then you will not be able to claim anything. This makes it crucial to have an adept Fort Myers motorcycle accident lawyer by your side to advocate for your rights and ensure that fault is assigned appropriately.
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.
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.
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.
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.
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.
The Importance of Legal Counsel after a Motorcycle Accident
The aftermath of a motorcycle crash can be overwhelming, with victims often grappling with physical pain, emotional trauma, and the complexities of legal procedures. Having competent legal representation becomes essential, not just for the legal nuances but also for peace of mind.
Motorcycle accident lawyers in Fort Myers are well-versed with Florida’s specific laws and can help victims navigate insurance claims, gather evidence, liaise with medical professionals, and estimate the true value of a claim, ensuring that all damages – current and future – are accounted for. Furthermore, experienced lawyers are adept at negotiating with insurance companies, who often aim to minimize the payout to victims.
Moreover, having an attorney can be instrumental in instances where litigation becomes necessary. They can present your motorcycle accident case convincingly before a court, arguing for your rights and ensuring that justice is served. Given the statutes of limitations and the nuances of Florida’s legal landscape, prompt action and having a trustworthy attorney by your side can make the difference between a successful claim and missed opportunities for rightful compensation.
In conclusion, motorcycle accidents, with their potential for fatal injuries and complex liability issues, can be daunting for victims. Enlisting the guidance of seasoned motorcycle accident lawyers can be the difference-maker, ensuring that motorcycle accident victims in Fort Myers receive the justice and compensation they rightfully deserve.
Why Choose The Law Place?
Choosing The Law Place is a decision rooted in trust, dedication, and understanding. With a combined 75 years of experience, our team has a nuanced grasp of the intricacies of Florida’s legal system, especially when it comes to motorcycle injury cases. But beyond the numbers, our strength lies in the personal connections we foster with our clients. At The Law Place, you are not just another case; you are an individual with a story, with concerns, and with aspirations.
Our client-centric approach ensures that we listen intently, understand profoundly, and advocate passionately. Every action we undertake is firmly anchored in your best interests, ensuring you always feel supported and represented. This commitment extends to our communication style. We believe in transparency and ensure that you’re always informed about every development in your case, dispelling the clouds of uncertainty that often shroud legal proceedings.
Furthermore, our “No Win, No Fee” philosophy demonstrates our confidence in our abilities and our dedication to justice. You can embark on your journey to justice without the weight of financial burden, knowing that our interests align with yours.
The Law Place also recognizes that the aftermath of a motorcycle accident isn’t just about the legalities. It’s about the toll on your health, your emotions, and your well-being. This holistic understanding drives us to seek compensation that addresses every facet of your recovery.
Above all, integrity and ethical standards are our guiding lights. At The Law Place, we are not just in it to win; we are here to represent you in the most rightful and just manner. In the labyrinthine world of law, let us be your steadfast guide, leading you with unwavering dedication and unparalleled understanding.
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. As per House Bill (HB) 837 in Florida, you now only have two 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. This 2023 update reduced the time from from four years to two, giving victims less time to claim compensation.
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.
fort myers motorcycle accident lawyer FAQ
What is the average settlement for a motorcycle accident in Florida?
The average settlement for a motorcycle accident in Florida varies based on the specifics of the accident, such as severity, circumstances, and injuries sustained. In cases involving fatal injuries or severe spinal cord injuries, the settlement amounts tend to be higher to cover medical expenses, lost wages, pain, suffering, and other damages.
How much are most motorcycle accident settlements?
The amount of most motorcycle accident settlements depends on a multitude of factors including medical costs, potential future medical treatments, loss of income, property damage, and the emotional distress of the motorcycle accident victims. While there’s no exact “average” due to the diverse nature of these cases, settlements can range from thousands to millions of dollars based on severity.
What to do after a motorcycle accident in Florida?
Immediately after a motorcycle crash, ensure your safety and that of others. Move out of traffic if possible, call 911, and seek medical attention even if you feel fine initially. Then, collect contact information from witnesses and take pictures of the accident scene. Avoid discussing fault at the scene or with insurance adjusters. Finally, consult with motorcycle accident lawyers in Fort Myers to ensure your rights are protected and to help navigate your motorcycle accident case.
Who is most often at fault in motorcycle car crashes?
While each accident has its unique circumstances, in many situations involving motorcycles and cars, the driver of the car is often found at fault. Common reasons include failing to see the motorcyclist, misjudging their speed, or not yielding the right of way.
Are motorcycle accident victims more likely to sustain severe injuries?
Yes, due to the exposed nature of motorcycles, riders often experience more significant injuries in a crash compared to car occupants. These can range from broken bones and abrasions to spinal cord injuries and even fatal injuries.
How can motorcycle accident lawyers assist me?
Motorcycle accident lawyers have vast knowledge and experience in handling cases specific to motorcycle accidents. They can guide victims through the legal process, negotiate with insurance companies, and advocate for maximum compensation on your behalf.
Is Florida a no-fault state when it comes to motorcycle crashes?
While Florida is a no-fault state for car accidents, this does not extend to motorcyclists. Motorcyclists aren’t required to carry personal injury protection (PIP) insurance. As a result, in the event of an accident, a motorcyclist would typically seek compensation from the at-fault party’s insurance.
How long do I have to file a motorcycle accident case in Fort Myers, Florida?
In Florida, the statute of limitations for personal injury cases, including motorcycle accidents, is two years from the date of the accident. This law was changed in 2023, reducing the time from four years to just two. It’s recommended to consult with a lawyer as soon as possible to ensure evidence is preserved and the case is promptly initiated.
Contact The Motorcycle Accident Attorneys at 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 experienced motorcycle accident attorney 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.