Unfortunately, due to the nature of motorcycle accident cases, they often come with a more severe level of injury and damage. When a truck or a car hits a motorcyclist, there is little to no protection other than any protective clothing and helmets for the rider.
If you have been in a motorcycle accident and it was through no fault of your own, then you might be wondering how to claim for your damages and what the process is. Luckily, at The Law Place, we are here to help.
One of the most stressful parts of any accident claim is dealing with insurance companies and filling out paperwork, especially if you are dealing with injuries and emotional trauma in the aftermath. We want you to have the best chance of recovery, so we deal with all that stuff for you, so you can focus on what is truly important – your health and wellbeing.
We often get asked how long does it take to settle a motorcycle claim, and unfortunately, this isn’t a simple question to answer. Every case is unique and will have a number of different variables.
The best thing you can do is to get in touch with us here at The Law Place. The sooner you get in touch, the sooner we can begin building your case, investigating on your behalf. This will give you the best possible chance of a successful claim.
Call us today to schedule a free case review with our legal team at (941) 444-4444. Our phone lines are always open 24 hours a day, 7 days a week.
The Most Common Causes of Motorcycle Accidents
Motorcycle accidents are a common occurrence in Florida, partly due to the high number of motorcycle owners and partly due to the high accident rate found on the roads. Florida has the second-highest number of motorcycle owners of all the states, which means we have dealt with numerous motorcycle accident cases over the years.
The most common causes we see when it comes to motorcycle accidents are:
- Blind spots – It is extremely easy to miss a motorcyclist in your blind spot, especially when not paying attention, tired, or under the influence.
- Drunk driving – Driving under the influence drastically decreases reaction times, meaning accidents are much more likely to happen. Drunken drivers are less aware, take longer to react, and make poor judgment calls. A drunk driver usually lacks focus and control over their motor vehicle, and they can cause serious damage to a motorcyclist.
- Distracted driving – Distracted driving can include a number of different scenarios. The driver might be on the phone, changing the radio, or eating food at the wheel. All of this leads to slower reaction times.
- Aggressive driving – Road rage is a huge cause of motorcycle accidents in Florida. When people lose their temper, their judgment tends to be clouded, leading to rash decisions and reckless maneuvers.
- Poor road conditions – When potholes have not been adequately dealt with, they can be a huge hazard for motorcycle drivers. Icy roads, windy roads, and serious weather can also cause accidents.
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Types of Injuries in a Motorcycle Accident
Over the years, our team of experienced accident attorneys has seen all types of motorcycle accident claims. The more common injuries we have seen are:
- Sprains – Muscle and tendon damage to the ankle, wrist, and elbows.
- Fractures – Broken legs, ribs, spines, jaws, and skulls.
- Eye injuries – Motorcyclists are at a high risk of sustaining eye injuries. It is important for every rider to wear protective eye gear.
- Dislocations – Dislocation can lead to damage to the soft tissue.
- Internal damage – Internal bleeding is extremely serious as it can lie in wait with little to no symptoms until too late. This is one of the reasons it is so crucial that you seek the help of a healthcare professional immediately after your accident.
- Traumatic brain injury (TBI) – Brain trauma and head injuries are very common and a very serious reality of motorcycle accidents.
Steps to Take After a Motorcycle Accident
If you have just been involved in a motorcycle accident and you are still at the scene, here is what you should do to ensure you have the best possible chances of a claim later on.
Firstly, the most important thing to do is to prioritize your safety. This means moving away from any danger wherever possible and avoiding endangering yourself further. Only once you are in a place of safety should you begin the next steps.
Once you are safe, your first port of call should always be to call for the emergency services. This ensures that you get the medical and police aid that you need at the scene. The police will be able to control traffic and will take down witness details. People are much less likely to give false details to a police officer. Calling for medical aid will also ensure that you get checked over by a medical professional. With injuries like internal bleeding, symptoms can lie dormant until too late.
One more important reason for calling emergency services is that both the police and paramedics will file their own accident reports. These can be used as evidence later on in court and could be instrumental in seeking the full compensation owed to you.
Once you have made sure that you are safe and you have got in touch with the emergency services, then the next step you take should be to begin collecting evidence. At this stage, you should take pictures of the accident scene, the cars involved, the roads, and anything else of interest.
You should also draw a sketch of how the accident happened if possible and write down in your own words what happened. Draw both the vehicles, labeling them A or B, and draw the direction they were traveling with a simple arrow. It doesn’t need to be complicated, but this can prove useful for investigators later on.
If you did not receive medical help at the scene, then the next thing you need to do is to head to a hospital for a checkup. Firstly, they will be able to examine you for any hidden health complications, and secondly, they will record your checkup, which is important for your claim as you will need to prove these records in order to seek compensation for your medical bills at a later date.
Compensation for a Motorcycle Accident Claim
There are two separate types of compensation that you can seek in a motorcycle accident claim in Florida. These come under economic and non-economic damages.
To calculate economic damages, these will be tangible fees. These damages take into account all bills and receipts that you can prove, such as:
- Medical bills – Any visits from a doctor or hospital stays. Any treatment costs or prescription costs and any therapy needed now or in the future.
- Lost wages – If you have had to take any time off work for your injuries, then you may be losing out on wages. You can claim for any lost wages both now and in the future.
- Property damage – If your motorcycle was damaged or totaled, then you will be able to seek compensation to pay for the repairs.
Next, you have non-economic damages, and these are the damages that do not have a tangible number attached to them. These can include physical pain and mental trauma/ anguish.
Non-economic damages include:
- Pain and suffering – If you have felt a loss of the ability to enjoy life due to emotional or physical pain, then you can seek compensation for this.
- Wrongful death – If you or a loved one are killed as a result of the accident. Your spouse will be able to claim wrongful death compensation to cover medical bills, funeral costs, lost wages, or property damage.
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The Statute of Limitations Following a Motorcycle Accident Claim
Under Florida Statute 95.11, you only have 4 years after an accident to claim before you are barred from making a claim regarding that specific incident. If you are claiming for wrongful death, then this is shortened to 2 years.
Time is always critical when it comes to accident claims, so it is worth remembering that the sooner you get in touch with a skilled motorcycle accident claim attorney, the better their chances of investigating and, ultimately, securing you a higher compensation sum.
Working With a Motorcycle Accident Attorney
A good accident attorney will be able to take the burden from your shoulders and will be able to:
- Conduct an investigation into your motorcycle accident claim.
- Collect helpful and necessary evidence that includes photographs, videos, statements, and more.
- Take over liaising with your insurance company and the third-party insurance companies involved.
- Speak and collect the details of the people who witnessed the motorcycle accident.
- Review the emergency service reports.
- Determine who is liable for the motorcycle accident.
- Calculate the amount of compensation that you could be owed.
- Settling a reasonable deal.
- Taking your case to court.
Contact The Law Place Today
You should never have to deal with the aftermath of an accident that wasn’t your fault alone. If you or someone you love has been injured or killed in an accident that wasn’t their fault, then you need to get in touch with a skilled lawyer as soon as possible. They can deal with the insurance company and will be able to give you a free case evaluation and legal advice.
At The Law Place, we have over seventy-five years of collective experience and knowledge in dealing with motorcycle crash cases for clients throughout the State of Florida. Our team of personal injury lawyers can explain your legal rights and fight to recover the compensation that you deserve following a motorcycle crash.
We want you to know that trusting in us is the right decision. We fight tooth and nail to seek the fairest treatment for our clients. We allow them to take a step back, focus on their health and recovery while we investigate your case, collect facts and information, deal with the relevant paperwork, and file your personal injury claim to ensure that you receive the maximum amount of compensation that you are owed.
If you have any concerns or questions regarding your motorcycle accident case, then you should speak to a motorcycle accident lawyer now. Our phone lines are open 24/7.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.