Motorcycle accidents occur every day in the State of Florida. If you’ve been involved in a motorcycle accident in Florida that wasn’t your fault, then you may be entitled to claim compensation. The amount of compensation you may be awarded largely depends on the circumstances of your specific accident. In other words, there is no such thing as an average motorcycle accident settlement. However, there are several factors that usually determine how much a motorcycle accident claim is worth. Hiring a motorcycle accident lawyer can help you determine how much compensation you could claim for your accident.
By contacting The Law Place, you can find out how much you may be able to claim after your motorcycle accident. Once you’ve contacted our law firm, you’ll be invited to schedule a free consultation with a member of our legal team. During your free case evaluation, your personal injury lawyer will review your case and determine how much money you may be entitled to due to the damages you have incurred from your accident. Our attorneys have 75 years of combined experience in the law sector and have successfully won thousands of personal injury cases for our clients. We have ample knowledge and expertise and offer an outstanding quality of legal service to ensure that you get the best outcome for your case. At our law firm, we believe that having experienced professionals who completely understand the Florida legal system is key. Most of our personal injury attorneys have the highest AVVO rating of 10.0 and are fully licensed to deal with your case quickly and efficiently
At The Law Place, we’re committed to serving our clients no matter the time of day. Therefore, we keep our phone lines open 24/7 so you’ll always have someone to talk to about your accident. Call us at (941) 444-4444 to schedule your free legal consultation with a member of our legal team today.
Damages That You May Be Able to Claim After a Motorcycle Accident
If you’ve been involved in a motorcycle accident in Florida, you may be entitled to claim damages. Auto accidents usually lead to the victims of the accident incurring large debts. These debts can be very worrying. Therefore, it’s highly recommended to seek compensation in order to cover these costs of the damages that you’ve incurred. Damages that you may be able to claim after a motorcycle accident include:
- Medical bills – Receiving medical care to treat the injuries that you have sustained as a result of your accident can be expensive. If you’ve been injured in a motorcycle crash, it’s likely that you’ve received medical treatment such as pain-relieving medication or undergone medical procedures such as surgery. Medical expenses such as these are often costly, and an experienced lawyer can ensure that you receive ample compensation to cover these costs. At The Law Place, we believe that no one should be left with large debts for receiving medical treatment after an accident that wasn’t their fault. Therefore, we’ll fight to ensure that you can cover the costs of your medical bills.
- Lost wages – Sustaining serious injuries can cause an accident victim to be unable to work. When a person can’t work, they may be unable to earn a stable income, which can understandably cause huge stress for the individual. If you’ve been left unable to work as a result of your accident, you may be entitled to recover past, present, and future lost wages. Your motorcycle accident attorney can calculate how much you may be owed by reviewing your payslips and tax returns to ensure you receive as much compensation as possible to cover your loss of income.
- Damaged property – Auto accidents often result in one or more parties involved in the collision sustaining damage to their property. Property that is often damaged in motorcycle accidents includes the vehicles involved, the motorcyclist’s protective gear, and cell phones. You may be able to claim compensation to cover the expenses for repairing or replacing your damaged property.
- Pain and suffering – Pain and suffering damages are awarded to those who have suffered from physical pain or emotional anguish as a result of a motorcycle accident. Emotional trauma can include anxiety, depression, grief, insomnia, and PTSD. These damages are more difficult to prove in comparison to economic damages such as lost wages and medical bills. A personal injury lawyer will gather evidence of the pain and suffering that you have endured, including reports from medical professionals, to prove that you have suffered as a result of your motorcycle accident.
- Wrongful death – Losing someone in a motorcycle accident is devastating. Seeking compensation soon after losing someone to a fatal accident may not seem like a priority. However, we highly recommend seeking legal representation as soon as possible. Seeking compensation can significantly alleviate the financial burdens and worries you may have. Under Florida Statute 768.21, you have the right to claim compensation to cover expenses, including funeral costs.
Multiple factors can determine how much an accident settlement is worth. Therefore, it’s difficult to calculate the average motorcycle accident settlement. An experienced motorcycle accident attorney will determine how your accident happened, examine the severity of your injuries, and calculate the damages that you have incurred in order to determine the worth of your motorcycle accident settlement.
Florida’s No-Fault Law
Under Florida Statute 627.7407, Florida is a no-fault state. Because of Florida’s no-fault insurance laws, a motorcycle accident victim who wants to file an insurance claim must first seek compensation from their own insurance company. Even if it is determined that you weren’t at fault for your accident, you will still have to file your claim with your insurance company.
In the case that the damages you have incurred exceed your own insurance policy limit, you may be able to file a claim with the at-fault driver’s insurance company. In order to file a successful claim against another party, it’s essential that your attorney can prove that the other driver was liable for the accident. In order to prove liability, your personal injury attorney will need to prove:
- The other driver owed you a duty of care.
- The driver breached this duty of care.
- The breaching of the duty of care led to the claimant sustaining injuries.
- The claimant incurred damages as a result of the other driver breaching their duty of care.
Our experienced lawyers will ensure that your case is strong enough so that we can prove the liability of the at-fault driver. Having a qualified and experienced attorney fighting your case for you significantly increases the likelihood of obtaining the compensation that you may be owed. Call us today for a free consultation with one of our top Florida lawyers and find out how our legal professionals can help your accident case.
Comparative Negligence Laws in Florida
Under Florida Statute 768.81, Florida operates using comparative negligence laws. This means that more than one party can be held liable for an accident. In other words, a claimant could still be held partially responsible for the motorcycle accident even if the other driver was mostly at fault. For example, if you were speeding at the time of the accident, you may be found to be 40% responsible for the accident, and your total accident settlement will most likely be reduced by 40%.
Insurance companies often use this law to try and reduce the amount of money they have to pay out for insurance claims. An insurance adjuster may try to prove that you were partially responsible for the accident so that your total settlement will be reduced. At The Law Place, we have ample experience dealing with insurance companies and aren’t afraid to challenge them if we believe the settlement they have offered isn’t fair. An experienced attorney will ensure that your case is as strong as possible so that an insurance company is unable to dispute or challenge it.
Statute of Limitations in Florida
In Florida, claimants usually have a maximum time that they can wait before filing an insurance claim. Under Florida Statute 95.11, you have 4 years from the date of your accident to file your claim. A claimant wanting to file a claim after this deadline will be unable to do so.
This may seem like sufficient time to file an insurance claim. However, we highly recommend filing your claim long before this deadline. Claimants usually have more success with their claim if they file it soon after the accident occurs. This is because most pieces of evidence from a motorcycle accident, including CCTV footage, are only available for a limited time and may be misplaced soon after the accident occurs. Also, statements provided by eyewitnesses after an extended period of time may contain inconsistencies as they may not remember the accident well after a while.
What’s more, depending on the circumstances surrounding your accident, building a strong case can take lawyers some time to do. Therefore, filing a claim just before the 4-year deadline may not give your lawyer enough time to build the strongest case possible for your claim.
Common Causes of Motorcycle Accidents in Florida
Motorcycle accidents usually happen unexpectedly, and the consequences are often devastating. Common causes of motorcycle accidents in Florida include:
- Blind spots – Motorcycles are relatively much smaller than cars, trucks, and other motor vehicles on the road. If a car or truck driver has a blind spot, they may not notice motorcycle riders driving behind or next to their vehicle and change lanes with little warning, which can lead to an accident occurring.
- Distracted driving – Nowadays, drivers can easily become distracted while driving their vehicles. Many motor vehicle accidents occur because one of the drivers involved was distracted by things such as cell phones, eating or drinking, and other passengers in the same vehicle. It’s important to stay completely focused while driving and avoid potential distractions.
- Driving under the influence – Driving while over the legal blood alcohol limit (0.08%) is extremely dangerous. Driving while under the influence can severely impair a driver’s senses, judgment, and ability to control the vehicle properly. Drivers who drive under the influence risk large fines and even a prison sentence.
- Speeding – A driver driving too fast may not be able to brake in time before colliding with a motorcyclist. Speed limits are set to keep drivers, cyclists, and pedestrians safe. Injuries sustained in a car accident where the at-fault party was speeding are normally more serious than those that were sustained while the driver was driving responsibly at the appropriate speed.
- Road hazards – Unexpected hazards such as debris on the road can be very dangerous for all drivers, but particularly for motorcyclists. This is because motorcycles are less stable than the average car, and motorcyclists have less protection than a car driver. Also, bad weather conditions such as heavy rains and strong winds can make it more difficult for a motorcyclist to control their vehicle and may impair their vision or hearing.
What Can a Personal Injury Attorney Do for Me?
Having an experienced and fully qualified attorney to fight for your motorcycle accident claim is key. At The Law Place, we go above and beyond to ensure that the legal process is as easy and stress-free as possible for our clients. Your personal injury attorney will:
- Review your accident claim and determine how strong it is.
- Answer your questions and clarify doubts.
- Calculate how much compensation you may be entitled to claim.
- Gather the necessary evidence available.
- File your insurance claim.
- Negotiate with insurance companies.
- Consult medical experts about your injuries.
- File the necessary paperwork and deal with legal technicalities.
- Represent you in court if necessary.
Call us today to schedule a free consultation with one of our personal injury lawyers. We work on a contingency basis as monitored by The State Bar Association, which means that if we’re not able to win your case for you, you won’t have to pay for our services. We work this way so that our clients can rest assured that they won’t be charged with any legal fees if they aren’t awarded compensation for their claim. We also offer a free case evaluation service, so you can discuss your case with a professional lawyer at no obligation without having to pay.
Common Injuries Sustained From a Motorcycle Accident
Injuries sustained from an accident involving a motorcycle can range from mild to severe. Accident victims often require immediate medical attention to treat the injuries sustained from a motorcycle accident. According to the National Highway Traffic Safety Association (NHTSA), approximately 85,000 motorcyclists were injured in an auto accident in the USA in 2019 alone. Common injuries sustained from a motorcycle accident include:
- Cuts, burns, and bruises.
- Soft tissue injuries.
- Broken bones and fractures.
- Spinal cord injuries.
- Traumatic brain injuries.
- Internal bleeding.
- Back and neck injuries.
If you’ve been injured in a motorcycle accident, you may be entitled to compensation. Motorcycle injuries are often serious and can have life-changing consequences. Contact us today to find out how much money you could win from filing a personal injury claim.
Laws and Regulations for Motorcyclists in Florida
In the State of Florida, motorcyclists have to obey certain specific laws and regulations in order to maintain their own safety while driving their vehicles. Florida states that:
- Each motorbike must have a footrest and a passenger seat.
- Motorcyclists are not allowed to switch between two lanes of slowed or stopped traffic.
- Motorcyclists must have their headlights on at all times while driving as per Florida Statute 316.405.
- If the motorcyclist doesn’t have a minimum of $10,000 in medical insurance coverage, then they must wear a helmet.
- Motorcyclists are not permitted to use any listening devices such as earphones while driving as per Florida Statute 316.304.
Following the laws and regulations set out under Florida law for motorcyclists can significantly reduce the likelihood of sustaining severe injuries in a collision and can help prevent an accident from occurring. If you have any questions on the laws that may apply to you and your vehicle, call The Law Place today to schedule your free consultation.
What Should I Do After a Motorcycle Accident?
After an accident, it’s important to act quickly and efficiently to maximize the chances of getting the best possible outcome for your case. If you’ve been involved in a motorcycle crash, we highly recommend following these steps:
- Contact the police – After the collision, call the police and stay at the scene of the accident. They will arrive at the accident scene and then write a police report. This accident report can be useful to strengthen your personal injury case as it normally includes important details, including the names of the people involved in the accident as well as their vehicle information, like license plates.
- Seek medical attention – It’s highly recommended to seek medical attention immediately after your accident. Even if you think you’re unharmed, you may have sustained hidden injuries that could take days, weeks, or even months to become noticeable.
- Collect evidence – If possible, collect evidence of the accident. You should take photographs of the scene of the accident as well as any injuries that you have sustained. We also recommend asking the other driver for their contact details. Don’t worry if the other driver is reluctant to provide this information. A police report will provide this information.
- Seek legal representation – Hiring a lawyer can significantly help strengthen your motorcycle accident case. They can collect evidence, contact eyewitnesses, and deal with the legal proceedings for the claim.
At The Law Place, we understand how stressful motorcycle accidents can be. Many accident victims are often in shock soon after the accident and don’t know what to do. If you’re unsure about what to do after your motorcycle crash, don’t hesitate to contact our law firm. We offer invaluable legal advice and can answer any question no matter what time of day.
Contact The Law Place Today
Dealing with the aftermath of a motorcycle accident is always difficult. In addition to serious injuries and mental trauma, accident victims are often burdened with large debts to worry about after motorcycle accidents. If you’ve been involved in an accident that wasn’t your fault, speak to one of our top attorneys today. We have ample experience with motorcycle accident claims and can get the best motorcycle accident settlement for you.
At The Law Place, our top priority is getting the best possible outcome for our clients. Going through the legal process doesn’t have to be a daunting or stressful experience. Once we’ve taken on your case, you’ll only hear from us when we have important updates. Our lawyers will handle all the legalities and paperwork surrounding your case so that you can recover from your accident in peace. Winning a fair settlement for our clients is our top priority, and we won’t stop until we achieve this for you.
Our phone lines are always open, so you can always contact us. Call us at (941) 444-4444 to speak to a top Florida motorcycle accident lawyer today.