Injured In A Clearwater Motorcycle Accident? Call Herman & Wells
Motorcycle riders have the same rights as drivers of other vehicles on Florida roads and highways. Unfortunately, some drivers fail to respect those rights and put riders in danger. Being involved in a motorcycle accident is a traumatic experience and requires an experienced lawyer to represent your interests.
At Herman & Wells, we understand the unique needs of a motorcycle accident victim in Clearwater, Florida. Our experienced lawyers are ready to assist you in getting compensation for medical bills and other expenses related to the accident. We will be with you every step of the way, helping you recover from this traumatic experience and get back on your feet.
Our lawyers have the knowledge and experience to handle all types of motorcycle accident cases, from minor fender-benders to high-speed collisions. We understand that no two accidents are the same, so we take a personalized approach to each case. Our attorneys will investigate the incident thoroughly and gather evidence to build a strong case on your behalf. Contact us today for a free consultation at (727) 821-3195.
The Cliff Notes: Key Takeaways From This Page
- Motorcycle accidents in Clearwater, Florida can be devastating and often require experienced legal counsel to seek compensation for damages.
- At Herman & Wells, our attorneys provide comprehensive legal services tailored to motorcycle accident victims.
- We offer contingency fee arrangements so that those affected have access to justice, regardless of their financial means.
- It is important to report any motorcycle accident to the authorities and avoid speaking with the other driver’s insurance company.
- Victims must also adhere to Florida’s helmet law or risk serious consequences for their claims.
- If you have been injured in a motorcycle accident in Clearwater, contact Herman & Wells for a free consultation, and let us help you get the justice you deserve. Call us at (727) 821-3195
Why Talk To A Personal Injury Lawyer After A Motorcycle Accident In Clearwater?
At Herman & Wells, we understand that motorcycle accident victims can face enormous medical bills, lost wages, and other unexpected expenses. That’s why we are committed to gathering evidence and building a strong case on your behalf. We will fight for maximum compensation so you can focus on healing from your injuries.
Do You Really Need An Attorney With Trial Experience?
Yes! Motorcycle cases are complex and often involve challenging legal issues. At Herman & Wells, we have the knowledge and experience to handle your case from start to finish. Our lawyers are experienced trial attorneys who know how to fight for your rights in court. We will make sure you get the justice you deserve.
What You Should Do After Motorcycle Accident In Clearwater
If you have been injured in a Clearwater motorcycle accident, the first thing you should do is seek medical attention. Even if your injuries seem minor, it is important to get checked out by a doctor.
Report The Accident Asap
You should also report the accident to your insurance company as soon as possible. It is important to keep documentation of all communications with your insurer, including any statements you make.
Filing An Insurance Claim After A Motorcycle Accident In Clearwater
After you have reported the accident to your insurer, they may ask you to complete a detailed claim form. It is important to answer all questions honestly and accurately. If you are unsure how to proceed with a claim, contact Herman & Wells for help. We can guide you through the process and make sure your rights are protected.
Critical Evidence From The Accident
If you have been involved in a motorcycle accident in Clearwater, it is important to collect any relevant evidence from the scene. This includes photographs, videos, and witness statements. It is also crucial to document your own injuries with medical records and bills.
Contact A Clearwater Motorcycle Accident Lawyer ASAP
Contacting a motorcycle accident lawyer as soon as possible can be the difference between winning and losing your case. At Herman & Wells, we are committed to helping motorcycle accident victims get the compensation they need to move forward with their lives.
Understanding Motorcycle Accidents In Clearwater
Motorcycle riders are at a higher risk of serious injury or death than drivers in other vehicles. This is due to the lack of protection offered by motorcycles, as well as the reckless behavior of some other drivers. According to Florida law, motorcyclists have the same rights and responsibilities as other motorists.
Common Causes Of Motorcycle Accidents In Clearwater
There are a variety of factors that can contribute to motorcycle accidents. Common causes include:
- Speeding or reckless driving
- Distracted driving
- Poor weather conditions
- Road rage
- Poor road maintenance
- Alcohol or substance use
Common Injuries Caused By Motorcycle Accidents
Motorcycle accidents can result in serious injuries. Common injuries include:
- Broken bones
- Facial and head injuries
- Neck and back injuries
- Cuts, scrapes, and abrasions
- Traumatic brain injuries
- Paralysis or spinal cord damage
- Psychological trauma.
How Motorcycle Accident Claims Differ From Car Accident Claims
Motorcycle accident claims differ from car accident claims in several ways.
Lack Of Protection
For one, the lack of protection offered to motorcyclists means that they are more likely to experience serious injury or death if involved in an accident. While car drivers have the benefit of airbags and seatbelts for added safety, motorcycle riders do not, leaving them vulnerable in the event of a crash.
Getting into a motorcycle accident can be a daunting experience, especially for new riders. But it’s important to know who may be held responsible for the damages and injuries in such situations. Let’s break it down in a way that’s easy to grasp.
- Another Driver Is At Fault: If the accident was caused by another driver’s actions, they would generally be the ones held liable for the consequences. It could be due to their careless driving, not paying attention, or violating traffic rules.
- Hazardous Road Conditions: Sometimes, the blame lies with the road itself. If the accident occurred due to unsafe road conditions like potholes, debris, or lack of proper signage, the entity responsible for maintaining that road may also be held accountable.
- Faulty Products: Occasionally, accidents can happen because of faulty motorcycle parts like brakes or tires. In such cases, the manufacturer of those defective products may bear responsibility for the resulting damages and injuries.
- Inadequate Motorcycle Service: When a mechanic fails to properly service or install parts on a motorcycle, they can also be found liable if their negligence contributed to the accident.
Remember, these are general guidelines and every accident is unique. If you find yourself involved in a motorcycle accident in Clearwater, it’s crucial to consult with a personal injury attorney who has handled these types of cases. They can help you navigate the complexities and ensure your rights are protected.
Different Insurance Requirements
Finally, motorcycle accident claims in Florida are subject to different insurance requirements than those of car accidents. Motorcyclists aren’t required by law in Florida to have insurance like owners or passenger vehicles with four or more tires. That being said, it is highly recommended that any motorcyclist invests in as much bodily injury liability insurance as they can afford. Why? Because motorcycle accidents (on average) result in more serious injuries and significant medical bills.
Florida Motorcycle Laws That Could Impact Your Case
Florida’s Helmet Law For Motorcyclists
In Florida, all motorcyclists are required by law to wear a helmet at all times when in operation of a motorcycle. Failure to comply can have serious consequences for victims and their insurance claims.
Florida’s Comparative Negligence Law For Motorcycle Accidents
Florida recently introduced a new law, HB 837, that has significant implications for comparative negligence in motorcycle accidents. It’s important to be aware of these changes to understand how they may impact your case. Let’s dive in and unravel the details:
- Modified Comparative Fault: Florida now follows a system of modified comparative fault with a 51 percent threshold. This means that you can still hold the other party accountable for their share of fault, even if you bear some responsibility for the accident. However, there’s a crucial condition: Your percentage of fault must not exceed 50 percent.
- Accountability Limits: If you are found to be 50 percent or less at fault, you can seek compensation for your injuries and damages. The other party will be liable for their portion of fault, and you can pursue a claim accordingly.
- Exceeding 50 Percent Fault: The new law brings a significant change. If your share of legal responsibility is determined to be 51 percent or higher, you will not be able to collect any compensation, even if the other party is deemed 49 percent responsible. This means that exceeding the 50 percent threshold bars you from recovering damages.
These updates emphasize the importance of understanding the comparative negligence laws and how they impact your ability to seek compensation after a motorcycle accident. It’s crucial to consult with an experienced personal injury attorney who is familiar with these recent changes. They will guide you through the legal process, protect your rights, and ensure you receive the best possible outcome.
Other Laws That May Impact Motorcycle Accident Cases In Clearwater
Other laws that may impact a motorcycle accident case in Clearwater include:
- Contributory Negligence Law. If the motorcyclist contributed to their own injuries, they may not be able to recover full compensation.
- Uninsured/Underinsured Motorist Coverage. If the motorcyclist is not at fault for an accident, this type of coverage will be used to cover damages if the other driver does not have insurance or does not have enough coverage.
- No-Fault Law. Florida is a no-fault state, which is why personal injury protection (PIP) coverage is required for cars. However, Florida’s no-fault laws do not apply to motorcycles. This means motorcyclists have to seek compensation from the at-fault party’s insurance company if they’re injured in an accident.
- Lane Splitting Law. Motorcyclists are not permitted to “lane split” in Florida, which means driving between two lanes of traffic. Lane splitting is considered an unsafe practice and can lead to liability issues if involved in an accident.
Are Clearwater Roads Dangerous For Motorcyclists?
The roads in Clearwater can be dangerous for motorcycle riders, as reckless driving and other hazards can lead to devastating accidents. It is important for motorcyclists to take extra precautions when sharing the road with other vehicles, as well as staying alert to potential dangers.
Services Provided By Our Clearwater Motorcycle Accident Lawyers
At Herman & Wells, our experienced attorneys provide comprehensive legal services for motorcycle accident victims in Clearwater. We understand the complexities of navigating a claim and will work hard to ensure that you get the compensation you deserve. Our services include:
- Investigating your case
- Documenting evidence
- Negotiating with insurance companies
- Filing lawsuits on your behalf
- Representing you in court
- Seeking damages for medical bills, lost wages, and pain and suffering.
How Contingency Fee Arrangements Work
At Herman & Wells, we understand that many motorcycle accident victims do not have the financial means to hire a lawyer. To ensure access to justice for all, our attorneys offer contingency fee arrangements. This means that you will only pay legal fees if and when your case is successful.
Clearwater Motorcycle Accident FAQs
How Do I Report The Accident To The Authorities?
A: You must report any motorcycle accident to the authorities immediately after it occurs. The police will arrive at the scene and take down a statement from both parties involved. It is important to speak only with the police and not with the other driver, as they may use your words against you in court.
How Do I Obtain A Copy Of The Police Report?
A: Once the police have filed a report, you can obtain a copy from the local law enforcement agency. However, it may take up to 10 days for the report to be available.
Should I Speak With The Other Driver’s Insurance Company?
A: In general, it is recommended that you avoid speaking with the other driver’s insurance company after an accident. It is best to have an experienced attorney handle all communication on your behalf.
What If The At-Fault Party Doesn’t Have Insurance?
A: If the at-fault driver does not have insurance, this is where uninsured motorist coverage would come in handy. Considering the rising percentage of uninsured motorists on the roads in Clearwater, it is highly recommended that you invest in UM coverage.
What If I Was Partially At Fault For The Accident?
A: Florida is a comparative negligence state for motorcyclists, which means that multiple parties can be found partially liable following an accident. However, your degree of fault will affect the amount of compensation you receive. For this reason, it’s best to speak with a knowledgeable attorney in a motorcycle accident in Clearwater.
Can I Still Recover Damages If I Wasn’t Wearing A Helmet?
A: Florida’s helmet law requires all motorcyclists to wear a helmet while operating a motorcycle. Failure to comply can have serious consequences for victims and their insurance claims. It is best to speak with an attorney before attempting to file a claim if you were not wearing a helmet at the time of the accident.
How Long Do I Have To File A Motorcycle Accident Claim?
A: In most cases, you have two years from the date of the accident to bring a lawsuit. This means if you don’t file within this period you lose your right to do so. There may be exceptions to this rule like if a government agency was involved in the accident or if a minor was involved.
How Much Compensation Can I Recover For My Injuries?
A: The amount of compensation available will depend on the facts and circumstances surrounding your accident. Generally speaking, you may be able to recover damages for medical bills, lost wages, pain and suffering, and property damage. An experienced attorney can help you determine a fair settlement amount.
How Long Does The Legal Process Take If I Hire A Personal Injury Lawyer?
A: Every case is different, and the length of time to reach a settlement or verdict can vary significantly. Generally speaking, it may take several months to a year for your claim to be resolved. Your attorney will provide you with a timeline and update you throughout each step of the process.
“I urge all of my friends and relatives that own motorcycles to pay the extra money for UM, uninsured/underinsured motorist, coverage on their motorcycle policy. I firmly believe that UM coverage is worth the money in Florida. Remember, this is coming from a proud Plaintiff attorney who sues insurance companies all day.” – Clifford Wells
Call Our Clearwater Motorcycle Accident Lawyers
If you’ve been injured in a motorcycle accident in Clearwater, Florida, it is important to contact an experienced attorney as soon as possible. At Herman & Wells, our team of qualified attorneys is dedicated to helping victims get the compensation they deserve for their injuries and losses. We offer free consultations so that we can assess your case and discuss how best to proceed with filing a claim or lawsuit against those responsible. Don’t wait – contact us today and let’s start working on getting you the justice you deserve! Call us at (727) 440-3045.
Case ResultsSee More Case Results
Rear Ended at a Red Light
Our clients were stopped at a red light when another car hit them from behind. Our clients needed neck surgery after the crash. The other side fought the case, trying to blame our clients for the accident and claiming that the injuries weren’t caused by the accident. We litigated the case and were able to settle the case on our clients’ behalf for $700,000.
Rear end collision
Injury In Motorcycle Accident
A bad driver suddenly pulled in front of our client while he was on his motorcycle. He couldn’t avoid the car, and crashed into it. We sued his uninsured motorist insurance company for his injuries and resolved the lawsuit for him.