If you're an avid Florida motorcycle rider, you know firsthand the potential risks associated with hitting the pavement. Motorcycle riders are often at a distinct disadvantage due to not having much protection between them and the road should they be involved in an accident. That's why it can be so important to get a talented team of experienced motorcycle accident lawyers on your side if you ever find yourself involved in such a situation – after all, being adequately represented could make or break your claim to compensation for severe injuries that often result from motorcycle accidents.
Here, we'll discuss what to look out for when choosing a Florida motorcycle accident lawyer, some ways they can help strengthen your case - and provide additional information that may prove beneficial during any legal proceedings.
The Cliff Notes: Key Takeaways From This Page
- Florida law requires motorcycle riders over the age of 21 to wear a helmet while riding, but even if you were not wearing a helmet at the time of the accident, you may still be able to recover damages.
- Florida is a comparative fault state, which means that more than one party can be held liable for an accident, so if you were partially at fault, you may still be able to recover compensation for your injuries.
- Florida's statute of limitations states that you must file a personal injury claim within two years from the date of the accident.
- The amount of compensation you may be entitled to depends on the specifics of your case – such as severity of injuries, medical expenses incurred, and lost wages.
- Florida motorcycle accident cases can be complex and involve many legal factors, so it is important to have an experienced Florida motorcycle accident lawyer on your side to protect your rights and help you receive the compensation you deserve for your damages.
- The Florida motorcycle accident lawyers at Herman & Wells understand the complexities of Florida motorcycle accident cases and have the experience to help you get a fair and just settlement.
- If you or a loved one has been injured in a Florida motorcycle accident, contact us today for a free initial consultation and let us help you get the compensation you deserve.
Why Talk to a Personal Injury Lawyer After A Motorcycle Accident in Florida?
Motorcycle riders in Florida are more vulnerable to the negligence of other drivers on the roads, which can lead to serious motorcycle accidents that can leave individuals with catastrophic injuries or even cause death. If you have been involved in a motorcycle accident, it is vital to seek legal representation from an experienced motorcycle accident lawyer who understands Florida motorcycle laws and can help you receive compensation.
A Florida motorcycle accident lawyer can help protect your rights and ensure that all liable parties are held accountable for their negligence and wrongdoing. They can provide legal advice, guidance, and representation throughout the claims process to make sure your interests are thoroughly protected.
Your motorcycle accident attorney will assess your case and help you understand your options. They will review the facts of your motorcycle accident, investigate to determine who is at fault, and gather evidence to support your claim. Your motorcycle accident lawyer in Florida can also identify all liable parties who should be held accountable for their negligence and work aggressively with insurance companies to ensure that you receive the full compensation.
It’s Even Better If You Can Find a Motorcycle Accident Attorney With Trial Experience
It's not uncommon for motorcycle accident cases to go to trial. If that happens, you need an attorney who understands the complexities of motorcycle accidents and has experience in litigating motorcycle accident cases. An experienced motorcycle accident lawyer can build a solid case that is designed to maximize your compensation award in court.
What You Should Do After Motorcycle Accident In Florida
If you have been involved in a motorcycle accident in Florida, there are a few important steps you should take to protect your legal rights and obtain compensation for any injuries or damage caused by the accident. Here’s what you need to do:
Immediate Actions To Take After A Motorcycle Accident
1. Seek Medical Attention Immediately
Even if you think your injuries are minor, it is important to get medical attention right away. Documenting the extent of your injuries will help establish liability and prove your claim.
2. Contact A Motorcycle Accident Lawyer
Florida law requires motorcycle riders to carry certain types of insurance, so you need an experienced motorcycle accident lawyer to make sure that you are compensated for all of your damages, such as medical bills and lost wages.
3. Gather Any Evidence Related To The Motorcycle Accident
After seeking medical attention, you should collect evidence from the scene of the accident (such as photos of the motorcycle and other vehicles involved in the crash). Additionally, obtain a copy of the police report and make sure to record any information about any witnesses.
4. File Your Motorcycle Accident Claim
Your motorcycle accident lawyer can help you file a claim with the insurance companies involved in the crash, as well as any other parties that may be liable for your damages.
Florida Motorcycle Accident Statistics
The motorcycle accident rate in Florida is quite high, making motorcycle accidents the second-most common type of motor vehicle crash in the state. According to a report from the Florida Department of Highway Safety and Motor Vehicles, there was a total of 8,649 motorcycle crashes in Florida in 2021.
Fortunately, last year saw a slight decline in motorcycle accidents.
Common Causes Of Motorcycle Accidents In Florida
Like other states, motorcycle accidents in Florida are most commonly caused by negligent drivers. Some of the more common causes of motorcycle accidents include:
- Distracted driving
- Driving under the influence (DUI)
- Speeding or reckless driving
- Failing to yield the right of way
Types Of Injuries Sustained In Motorcycle Accidents
The most common motorcycle accident injuries include:
- Road rash
- Neck and back injuries
- Fractures and broken bones
- Head trauma or concussion
- Spinal cord injury or paralysis
How Motorcycle Accident Claims Differ from Car Accident Claims
Claims involving motorcycle accidents are very different from car accident claims, and motorcycle riders must understand their rights under Florida law. Motorcycle accident claims differ from car accident claims in several important ways. The most notable is Florida's no-fault law.
Florida is a “no-fault” state for car accidents. This means that drivers are required to carry personal injury protection (PIP) insurance, which covers medical expenses regardless of who is at fault. This does not apply to motorcycle accidents; Florida does not have a no-fault law for motorcycle accidents, so the at-fault driver is responsible for covering damages.
Florida Motorcycle Laws
Florida motorcycle laws govern the operation of motorcycles on Florida roads, including operating under the influence and other violations. Insurance coverage requirements for motorcyclists are also different from those of automobile drivers.
Motorcyclists must carry a minimum amount of liability insurance that covers bodily injury and property damage in the event they are found at fault in an accident. Additionally, Florida requires motorcycle riders to pass a test that demonstrates their knowledge of Florida laws and their understanding of safe motorcycle operation.
Explanation Of Motorcycle Helmet Laws In Florida
Florida requires all motorcycle riders to wear a helmet that has been approved by the state. Helmets must have a chin strap, be made of shatter-resistant material, and have reflective material on both sides. Florida also requires headlights and taillights to be used any time a motorcycle is operated during hours of darkness.
It’s important to note that Florida’s helmet law is considered a “partial fault” law, meaning that if a motorcycle rider is involved in an accident and was not wearing a helmet, they may be found partially responsible for their own injuries or damages.
Explanation Of Florida's "No-Fault" Insurance System
Florida has a “no-fault” insurance system that requires every motor vehicle owner to carry personal injury protection (PIP) as part of their auto insurance policy. PIP covers up to 80 percent of medical bills and lost wages for people injured in car accidents, regardless of who is at fault.
Unlike Florida’s no-fault system for cars, Florida does not require motorcycle riders to carry PIP insurance. Therefore, if a motorcycle rider is injured in an accident and the other party is found liable, the injured motorcyclist would be able to seek damages from the at-fault party based on Florida’s negligence laws.
Other Laws That May Impact A Motorcycle Accident Case
Florida has several other laws that may impact a motorcycle accident case. For example, Florida law requires motorcycle riders to have a valid driver’s license and the motorcycle must be registered with the Florida Department of Highway Safety and Motor Vehicles. Additionally, Florida law prohibits lane-splitting, which is when a motorcyclist drives between two lanes of traffic.
How Dangerous Are Florida Roads For Motorcyclists?
Florida roads can be dangerous for motorcycle riders. In Florida, motorcycle accidents totaled approximately 550 deaths in 2022. Motorcycle riders must take extra precautions when operating their motorcycles on Florida roads. By following Florida laws, wearing a helmet, and practicing safe driving habits, motorcycle riders can reduce their chances of being involved in an accident.
Florida Motorcycle Accident Lawyer Services
Florida motorcycle accident lawyers provide a variety of services to those who have been injured in motorcycle accidents. These services include working with insurance companies on behalf of their clients, negotiating settlements, filing injury claims and lawsuits, and advocating for the rights of their clients in court.
Motorcycle riders should be looking for lawyers who specialize in personal injury claims with extensive knowledge of specific laws and regulations that could impact their rights after an accident.
Explanation Of Contingency Fee Arrangements
Most Florida motorcycle accident lawyers work on a contingency fee basis, meaning that they do not charge any legal fees until their client has received compensation for their injuries. Under the contingency arrangement, the Florida motorcycle accident lawyer will receive a percentage of the settlement or award as payment for their services.
Florida Motorcycle Accident FAQs
How Do I Report The Accident To The Authorities
A: You should contact the Florida Highway Patrol or the local police department to report the accident. Be sure to provide all of the relevant information, including your insurance information and any details about the other driver involved in the accident.
How Do I Obtain A Copy Of The Police Report?
A: You can request a copy of the police report by contacting the Florida Highway Patrol or the local police department that responded to the accident. It is important to obtain a copy of the police report as soon as possible, as it will provide details about the accident and any tickets that were issued.
What If The Other Driver Is Uninsured Or Underinsured?
A: If the other driver is uninsured or underinsured, you will need to contact your insurance company. Florida law requires all motor vehicle owners to carry uninsured/underinsured motorist coverage, which can provide protection in the event of an accident with a driver who does not have adequate insurance. If a driver is uninsured or underinsured, your Florida motorcycle accident lawyer can help you pursue a claim against your own insurance company.
Should I Speak With The Other Driver's Insurance Company?
A: It is best to refrain from speaking with the other driver’s insurance company. Speaking with the other driver's insurance could jeopardize your case, and it is important to remember that insurance companies are looking out for their own financial interests. Florida motorcycle accident lawyers can provide guidance on how to interact with insurance companies and can handle negotiations on your behalf.
What If I Was Partially At Fault For The Accident?
A: Florida is a comparative fault state, which means that more than one party can be at fault for an accident. If you were partially at fault for the accident, you may still be able to recover compensation for your injuries. Florida motorcycle accident lawyers can help evaluate your case and determine the best course of action.
Can I Still Recover Damages If I Wasn't Wearing A Helmet?
A: Florida law requires motorcycle riders over the age of 21 to wear a helmet while riding. However, even if you were not wearing a helmet at the time of the accident, you may still be able to recover damages. Florida motorcycle accident lawyers can help evaluate your case and determine if you have a valid claim.
How Long Do I Have To File A Claim?
A: Florida's statute of limitations states that you must file a personal injury claim within two years from the date of the accident. A Florida motorcycle accident lawyer can help make sure your claim is filed in a timely manner and that all the necessary paperwork is completed properly.
How Much Compensation Can I Recover For My Injuries?
A: The amount of compensation you may be eligible to receive will depend on the specifics of your case which include the severity of your injuries, any medical expenses incurred, and lost wages. Florida motorcycle accident lawyers can help evaluate your case and determine the amount of compensation you may be entitled to.
Do I Need A Lawyer To Represent Me In My Case?
A: Florida motorcycle accident cases can be complex and involve many legal factors, so it is important to have an experienced Florida motorcycle accident lawyer on your side to protect your rights and help you receive the compensation you deserve for your damages. Remember, insurance companies want you to be without legal counsel so they can try to settle for as little as possible. Your best chance of getting a favorable settlement for your motorcycle accident claim is to hire a lawyer.
What Can I Expect During The Legal Process?
A: Florida motorcycle accident lawyers can provide you with an accurate timeline for your case, explain the legal process to you in detail, and keep you informed every step of the way. Your Florida motorcycle accident lawyer will thoroughly investigate your case, collect evidence to support your claim, and file all necessary paperwork with the court. They will also handle all contact and negotiations with the insurance companies on your behalf.
Talk To Our Florida Motorcycle Accident Lawyers Today
The lawyers at Herman & Wells understand the complexities of Florida motorcycle accident cases and have the experience to help you get a fair and just settlement. Searching for experienced personal injury lawyers in Florida? Our law firm has experienced attorneys that are ready to help people in Pinellas Park, St. Petersburg, Tampa, Clearwater, Seminole, Lakewood Ranch, Bradenton, and Sarasota.
If you or a loved one has been injured in a Florida motorcycle accident, call (727) 821-3195 today for a free initial consultation, and let us help you get the compensation you deserve.