A motorcyclist is at high risk on the road and highways in the State of Florida due to the lack of safety features on the bike and the exposed nature of the rider themselves. A motorcycle accident case has the potential to result in hundreds of dollars of medical expenses, lost wages, property damage, and more.
If you or someone you love were in a motorcycle accident, then you might be wondering, “should I get a lawyer for a motorcycle accident?”. The answer is yes — you should seek legal counsel with a motorcycle accident lawyer as soon as possible. The size of a motorcycle is much smaller compared to other motor vehicles like a car or a truck, which means that a motorcyclist can suffer a number of serious injuries or damages. In this case, you could be entitled to compensation.
At The Law Place, we have over seventy-five years of combined experience when it comes to helping people who have been involved in motorcycle accidents throughout the State of Florida. Our team of personal injury attorneys is highly trained to deal with the most complex cases, and they are ready to take on your case. Our phone lines are available 24/7.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
When Should You Hire a Motorcycle Accident Lawyer?
If you or someone you know were hurt in a motorcycle crash, then it is in your best interests to hire a motorcycle accident lawyer. We would even say that hiring a motorcycle accident lawyer should be one of your first moves after seeking medical treatment for your injuries. The faster that you hire a motorcycle accident lawyer, the sooner that they will start to protect your legal rights.
A motorcycle accident attorney from The Law Place will investigate the cause of your motorcycle accident and fight to reach a fair settlement that will cover all of your damages. If you are unsure of the next move you should make, then you should seek the advice of a motorcycle accident attorney to discuss your legal options.
For a free legal consultation, call 941-444-4444
The Most Common Causes of Motorcycle Accidents
The State of Florida has the second-highest number of motorcyclists in the whole of America. However, it also means that motorcycle accidents happen more frequently in the State of Florida compared to other countries. Over 8,500 motorcycle accidents have already happened this year, according to a report by the Florida Highway Safety and Motor Vehicles Department (FHSMV).
The most common causes of motorcycle accidents include:
- Blind spots – There are plenty of drivers that fail to notice the motorcyclists on the road when they are turning the corner or merging.
- Drunk driving – A drunk driver usually lacks focus and control over their motor vehicle, and they can cause serious damage to a motorcyclist.
- Distracted driving – There are many drivers who get easily distracted behind the wheel, and they can miss a motorcyclist on the road.
- Aggressive driving – There are numerous drivers who get frustrated in the middle of traffic, and they often take out their anger on the drivers and motorcyclists around them.
- Tailgating – A driver who follows too closely behind a motorcyclist can result in a terrible accident.
- Poor road conditions – Sometimes potholes, uneven surfaces, or bad weather can lead to a motorcycle accident.
- Defective parts – A motorcycle part can malfunction as a result of improper maintenance, which means that a motorcyclist can get into trouble while on the road. In this instance, the manufacturer of the bike could be held liable for an accident.
- Traffic violations – A driver who fails to follow the traffic laws by speeding, failing to yield, making improper turns, and more could lead to an accident with a motorcyclist.
Types of Injuries in a Motorcycle Accident
The injuries sustained in motorcycle accidents can be very serious. The most common types of injuries tend to include:
- Sprains – Ankle, wrist, knee, and elbow sprains.
- Fractures – Legs, ribs, arms, collarbones, jaws, and skull fractures.
- Eye injuries – Motorcyclists are at a high risk of sustaining eye injuries. It is important for every rider to wear protective eye gear.
- Dislocations – A dislocation can lead to damage to the soft tissue in the joints.
- Internal damage – Internal bleeding is a serious injury and will require medical attention immediately.
- Traumatic brain injury (TBI) – A blow to the head can lead to a concussion or even a traumatic brain injury.
Steps to Take After a Motorcycle Accident
If you or someone you love were hurt in a motorcycle accident, then you should take the necessary measures to protect your legal rights and make sure that the at-fault party is held liable for their actions.
The Law Place highly recommends that you follow these steps after a motorcycle accident:
- Check for injuries – It is imperative that you prioritize your health and safety following an accident. You should check for injuries and then call an ambulance as soon as possible to the location of the motorcycle accident.
- Call the police – You have to pick up your phone to call the police to the scene of the motorcycle accident under Florida Statute 316.062. A police officer will write a report that will include all of the details of the motorcycle crash.
- Gather evidence – If you are physically able, then you should gather evidence from the scene of the motorcycle accident by taking photographs and videos of the location, road marks, property damage, injuries, and more.
- Contact information – You have to collect the contact information of the other drivers, including their name, phone number, insurance information, and vehicle registration.
- Seek medical treatment – You must get a check-up at the hospital following a motorcycle accident, even if you think that you did not suffer an injury. There are plenty of injuries that do not show signs until days or even weeks later.
- Hire a motorcycle accident lawyer – It is important that you seek legal counsel with an experienced motorcycle accident lawyer in the State of Florida. A motorcycle accident lawyer from our law firm will offer you the support and guidance that you need following a motorcycle crash.
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Compensation for a Motorcycle Accident Case
The two types of compensation that are available for motorcycle accident victims include economic damages and non-economic damages.
Economic damages are calculated by referencing bills, receipts, and other invoices to determine the right amount of compensation. Economic damages include:
- Medical bills – Doctor’s visits, hospital stays, surgery, physical therapy, rehabilitation, medical equipment, prescription medication, and more.
- Lost wages – A loss of income, a reduced earning capacity, and future lost earnings.
- Property damage – Repairing or replacing your motorcycle, helmet, mobile phone, and other property that was damaged.
Non-economic damages are categorized as physical pain, mental anguish and emotional distress. They cannot be calculated like economic damages (by referencing bills, receipts, and other invoices). Non-economic damages include:
- Pain and suffering – A loss of enjoyment of life includes physical pain, mental anguish, emotional distress, and any other forms of pain and suffering.
- Wrongful death – You could be owed compensation to cover funeral expenses, medical bills, lost wages, property damage, pain and suffering, and more following the death of someone you love in a motorcycle accident.
The Statute of Limitations
The statute of limitations is different in every state across America.
You have four years from the date of your motorcycle accident to file a personal injury claim under the statute of limitations in the State of Florida. However, you have two years from the date of someone you love dying in a motorcycle accident to file a wrongful death claim under the statute of limitations in the State of Florida.
Motorcycle accident victims could receive compensation that includes medical expenses, loss of income, property damage, pain and suffering, and more by filing a personal injury lawsuit. However, if you miss the deadline, then you will not be able to recover compensation.
The statute of limitations is explained in Florida Statute 95.11.
Working With a Motorcycle Accident Lawyer
A motorcycle accident lawyer from The Law Place will handle all of the aspects of your case while you take the time that you need to heal from your injuries. A motorcycle accident lawyer with the necessary skills and resources will:
- Conduct an investigation into your motorcycle accident.
- Collect evidence that includes photographs, videos, statements, and more.
- Negotiate with your insurance company and the other insurance companies involved.
- Speak to the people who witnessed the motorcycle accident.
- Review the police 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.
Motorcycle Accident FAQs
Are People on Motorcycles More at Risk?
Motorcyclists are more at risk on the road compared to people who drive cars or trucks. They face more risks due to the fact that they have little to no protection, and they are usually difficult for other road users to spot on the road.
Do You Have to Wear a Helmet When Riding a Motorcycle?
If you are under the age of 21 and you do not have ten thousand dollars in medical insurance coverage, then it is mandatory that you put on a helmet when you are riding a motorcycle in the State of Florida. However, if you complete the two requirements, then you do not have to wear a helmet.
If you want to keep yourself safe while riding a motorcycle, then it is always best to put on a helmet.
I Wasn’t Wearing a Helmet in a Motorcycle Accident. Does It Matter?
It can be quite difficult to answer this question. In simple terms, you will not face the consequences for the lack of a helmet as long as you are following the helmet laws as previously stated. If you weren’t wearing a helmet at the time that a motorcycle accident happened, then you should not share the details of your case with anyone. Our law firm highly recommends that you speak to a motorcycle accident lawyer to receive advice and support on the subject.
When Do the Headlights on a Motorcycle Need to Be Turned On?
If you are riding a motorcycle, then it is mandatory for the headlights to be turned on at all times (even during daylight hours).
What Are the Motorcycle Laws in Florida?
A motorcycle is allowed to use the full lane in the State of Florida. Two motorcyclists are entitled to travel side by side in one lane. In addition, a motor vehicle is not allowed to drive in a way that deprives a motorcyclist of the full use of a lane.
How Long Do I Have to File a Motorcycle Accident Lawsuit?
Every state has different laws when it comes to the amount of time that you have to file a motorcycle accident lawsuit. The State of Florida says that you have four years from the date of the motorcycle accident to file a personal injury claim.
What if My Loved One Was Killed in a Motorcycle Accident?
A surviving partner or surviving family member could be entitled to file a wrongful death lawsuit according to Florida Statute 768.21. A wrongful death lawsuit will help you to recover compensation for funeral expenses and any other damages.
Contact The Law Place Today
If you or someone you love were in a motorcycle accident in the State of Florida, then you should get a motorcycle accident lawyer. It is important that you hire a motorcycle accident lawyer that you can trust to handle your case with skill and efficiency.
At The Law Place, we have over seventy-five years of collective experience and knowledge in managing motorcycle accident cases for people who live throughout the State of Florida. Our team of personal injury attorneys will explain your legal rights and help you to recover the compensation that you deserve after a motorcycle accident.
If you put your trust in us, then you will not be disappointed. A motorcycle accident lawyer will examine your case, collect facts and information, speak to your insurance company and the other insurance companies involved, 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 questions or concerns in regard to 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 arrange a free consultation today.