If you or a loved one have been involved in a motorcycle accident in St. Petersburg, you work with a lawyer to navigate the complex legal system and receive the compensation you deserve. At our law firm, we have a team of St. Petersburg motorcycle accident lawyers that can help. We understand the unique challenges that motorcycle accident victims face, and we are committed to helping our clients get the justice they deserve.
Our team of St. Petersburg motorcycle accident lawyers has years of experience in handling these types of cases, and we have a proven track record of success in recovering compensation for our clients. We are dedicated to advocating for our clients’ rights and holding negligent parties accountable for their actions. We will work tirelessly to investigate the accident, gather evidence, and build a strong case on your behalf.
We understand that a motorcycle accident can be a traumatic experience, leaving you with physical injuries, emotional distress, and financial burdens. That’s why we offer compassionate and personalized legal representation to help you through this difficult time. If you have been injured in a motorcycle accident, don’t hesitate to contact Herman & Wells for a free consultation. We will listen to your story, answer your questions, and provide you with the legal guidance you need to make informed decisions about your case. Let us fight for you and help you get the compensation and justice you deserve.
The Cliff Notes: Key Points Covered On This Page
- It’s important to seek medical attention immediately after an accident, as this will create a record of any injuries sustained and can be used as evidence when filing an insurance claim or pursuing legal action.
- Documentation of the accident scene is essential to support your case and improve the likelihood of getting fair compensation for your damages.
- In Florida, all motorcyclists are required by law to wear helmets that meet the US DOT safety standards and carry Personal Injury Protection (PIP) insurance coverage of at least $10,000.
- Contingency fee arrangements are a common way for motorcycle accident lawyers to get paid, with the lawyer typically receiving 33% of any monetary damages awarded to the client.
- If you are involved in a motorcycle accident in St. Petersburg, contact the authorities and obtain a copy of the police report.
- Do not speak to the other driver’s insurance company without consulting a lawyer first.
- If you are involved in an accident with an uninsured driver, your own insurance policy may provide coverage.
- Your degree of fault will be taken into consideration when determining compensation if you were partially at fault for the accident.
- Not wearing a helmet does not necessarily prevent you from recovering damages.
- You have two years from the date of the accident to file a personal injury lawsuit in St. Petersburg.
- It’s important to find an attorney with experience in trial proceedings, as this can give you a better chance of receiving a favorable outcome.
Why Talk to a Personal Injury Lawyer After A Motorcycle Accident in St. Petersburg?
A qualified personal injury lawyer can provide the legal guidance and support you need to navigate the complex legal system and receive the compensation you deserve for your injuries and losses. Some key benefits of seeking legal representation after a motorcycle accident include:
- Knowledge and experience: Personal injury lawyers have the knowledge and experience to handle motorcycle accident cases and can help you navigate the legal process with ease.
- Objectivity: An experienced personal injury lawyer can provide an objective perspective on your case and help you make informed decisions about your legal options.
- Legal support: Your lawyer can help you gather evidence, negotiate with insurance companies, and build a strong case on your behalf.
- Compensation: With a personal injury lawyer on your side, you are more likely to receive fair compensation for your injuries and losses, including medical bills, lost wages, and pain and suffering.
- Peace of mind: By hiring a personal injury lawyer, you can focus on your recovery and healing, knowing that your legal case is in good hands.
Overall, talking to a personal injury lawyer after a motorcycle accident in St. Petersburg is crucial to protecting your rights and receiving the compensation you deserve.
It’s Even Better If You Can Find a Motorcycle Accident Attorney With Trial Experience
While many motorcycle accident cases can be settled outside of court, it’s important to find a personal injury lawyer with trial experience. If your case does go to trial, having an experienced trial lawyer on your side can make all the difference in the outcome of your case. A trial attorney has the knowledge and skills to present your case effectively to a jury, cross-examine witnesses, and negotiate with opposing counsel. They can also prepare you for the trial process and help you understand what to expect.
In addition, having a trial attorney on your side can show the insurance companies that you are serious about getting fair compensation for your injuries and losses. If you have been involved in a motorcycle accident in St. Petersburg, it’s essential to find a personal injury lawyer with trial experience to ensure that your legal rights are protected.
What You Should Do After Motorcycle Accident In St. Petersburg
In this section, we will provide you with practical tips and guidance on what you should do after a motorcycle accident in St. Petersburg:
Immediate Actions To Take After A Motorcycle Accident
The first and most important step is to seek medical attention for any injuries you may have sustained. Even if you feel fine, it’s essential to get checked out by a medical professional to ensure that there are no underlying injuries or medical issues.
Importance Of Seeking Medical Attention
It’s important to visit a doctor or hospital as soon as possible after a motorcycle accident. Not only will this ensure that any injuries are treated promptly, but it will also create a medical record of your injuries. This can be used as evidence when filing an insurance claim or pursuing legal action against the at-fault party.
What To Do If The Other Driver Is At Fault
If the other driver is at fault for the motorcycle accident, you should take several steps to protect your legal rights. First, get their contact information and insurance details. Additionally, it’s important to file a police report as soon as possible. This can provide valuable evidence if you need to take legal action later on.
How To Document The Accident Scene And Obtain Evidence
Documenting the accident scene is essential for getting fair compensation for your injuries and losses. Take photos or videos of the damage to both vehicles, as well as any visible injuries you sustained in the crash.
Importance Of Contacting A St. Petersburg Motorcycle Accident Lawyer
Finally, it’s important to contact a St. Petersburg motorcycle accident lawyer as soon as possible. A personal injury attorney can help you understand your legal rights and advise you on the best course of action for getting fair compensation. They can also negotiate with insurance companies on your behalf, and fight to get you the most money for medical bills, lost income, and other damages.
Understanding Motorcycle Accidents In St. Petersburg
Motorcycle accidents are unfortunately a common occurrence in St. Petersburg, with hundreds of accidents reported every year. Although motorcycle accidents constitute only about 2% of vehicle-related accidents in Florida, they contribute to nearly 17% of all vehicle fatalities, which is slightly higher than the national average of 14%. Moreover, every year these accidents result in over 7,000 severe injuries.
Common Causes Of Motorcycle Accidents In St. Petersburg
The most common causes of motorcycle accidents in St. Petersburg include driver negligence, speeding, alcohol or drug impairment, and failure to yield. It’s crucial for motorcyclists to take steps to protect themselves on the road, such as wearing appropriate safety gear and riding defensively.
Common Injuries Caused By Motorcycle Accidents
The injuries caused by motorcycle accidents can range from minor cuts and bruises to severe broken bones and head trauma. Common motorcycle accident injuries include road rash, lacerations, fractures, spinal cord damage, traumatic brain injury (TBI), and internal organ damage.
How Motorcycle Accident Claims Differ from Car Accident Claims
Motorcycle accident claims are more complicated than car accident claims. This is because motorcycle accident claims in Florida often involve severe injuries and hefty medical bills. It is also difficult to determine who should be held responsible for the damages. Additionally, insurance companies may try to deny or reduce motorcycle accident settlements due to the high costs associated with such cases.
Florida Motorcycle Laws
Florida has several motorcycle laws that govern the operation of motorcycles on the road. Some of the key motorcycle laws in Florida include:
- Helmet law: All motorcyclists in Florida are required to wear helmets while riding on public roads.
- Insurance requirements: Motorcyclists in Florida are required to have a minimum of $10,000 in Personal Injury Protection (PIP) insurance.
- Lane splitting: Lane splitting, or riding between lanes of traffic, is not legal in Florida.
- Passenger requirements: If you carry a passenger on your motorcycle, your bike must be equipped with a passenger seat and footrest.
- Headlights: Motorcycles must have headlights turned on during operation, even during daylight hours.
- Noise limit: Florida has a noise limit of 86 decibels for motorcycles.
Explanation Of Motorcycle Helmet Laws In Florida
In Florida, all motorcycle riders are required to wear helmets that meet the safety standards set by the U.S. Department of Transportation (DOT). This includes both the driver and any passengers on the motorcycle. The helmet law is intended to help protect motorcyclists from head injuries in the event of an accident. The law also requires that helmets be securely fastened and fit properly to ensure maximum protection. Failure to comply with the helmet law can result in a fine and other penalties.
There are some exceptions to Florida’s helmet law. For example, riders over the age of 21 who have at least $10,000 in medical insurance coverage can ride without a helmet as long as they have held a motorcycle license for at least two years or have completed a motorcycle safety course. However, it’s important to note that wearing a helmet can greatly reduce the risk of head injuries and can improve your chances of surviving a motorcycle accident.
If you are involved in a motorcycle accident in Florida and you were not wearing a helmet, it may impact your legal case and the compensation you are entitled to receive. A personal injury lawyer with experience in motorcycle accident cases can help you understand the legal implications of the helmet law and protect your legal rights.
Explanation Of Florida’s “No-Fault” Insurance System
Florida has a “no-fault” insurance system for auto accidents, which also applies to motorcycle accidents. Under this system, each driver or motorcyclist is required to carry Personal Injury Protection (PIP) insurance to cover medical expenses and lost wages in the event of an accident, regardless of who was at fault. This means that after an accident, each party involved would file a claim with their own insurance company, rather than seeking compensation from the other party’s insurance company.
Florida law requires drivers and motorcyclists to carry a minimum of $10,000 in PIP insurance coverage. However, this coverage may not be sufficient to cover all of the expenses associated with a serious motorcycle accident, such as extensive medical bills, lost wages, and pain and suffering. In these cases, injured motorcyclists may be able to pursue additional compensation through a personal injury lawsuit.
It’s important for motorcyclists in Florida to understand the no-fault insurance system and their legal rights in the event of an accident. A personal injury lawyer with experience in motorcycle accidents can help you navigate the insurance process and pursue fair compensation for your injuries and losses.
Other Laws That May Impact A Motorcycle Accident Case
In addition to the helmet law and no-fault insurance system, there are several other laws in Florida that may impact a motorcycle accident case. These include:
Comparative Negligence Law
Florida follows a comparative negligence system, which means that each party involved in an accident can be assigned a percentage of fault. If you are found to be partially at fault for a motorcycle accident, your compensation may be reduced proportionally.
Statute Of Limitations
In Florida, there is a time limit, or statute of limitations, for filing a personal injury lawsuit after a motorcycle accident. Generally, you have two years from the date of the accident to file a lawsuit.
Under Florida law, a motorcycle owner may be held vicariously liable for the actions of someone else who is using their motorcycle with their permission. This means that if someone else causes an accident while riding your motorcycle, you may be held responsible for any damages they cause.
Motorcyclists in Florida must also follow all applicable traffic laws, including speed limits, signaling, and lane usage. Violating these laws can impact your legal case and your ability to recover compensation.
Navigating these laws and understanding their implications can be complex, especially in the aftermath of a traumatic motorcycle accident. A personal injury lawyer with experience in motorcycle accident cases can help you understand these laws and protect your legal rights.
How Dangerous Are St. Petersburg Roads For Motorcyclists?
St. Petersburg roads can be dangerous for motorcyclists, as motorcycle accidents are not uncommon in the area. Several factors contribute to the risk of motorcycle accidents in St. Petersburg, including heavy traffic, distracted drivers, and road hazards such as potholes and uneven pavement. Additionally, Florida’s warm climate and scenic roads make it a popular destination for motorcycle enthusiasts, which can increase the number of motorcycles on the roads and the likelihood of accidents.
What Services Do Our St. Petersburg Motorcycle Accident Lawyers Provide?
The St. Petersburg motorcycle accident lawyers at Herman & Wells have the expertise and resources necessary to help you navigate the complex legal process and pursue fair compensation for your injuries and losses. We offer a range of services tailored to your individual needs, including legal representation, investigation, evidence gathering, negotiation with insurance companies, and representation in court.
Our team is dedicated to providing personalized attention and support to each of our clients throughout the legal process, and we are committed to helping you achieve the best possible outcome for your case.
Explanation Of Contingency Fee Arrangements
Contingency fee arrangements are a common way for personal injury lawyers, including motorcycle accident lawyers, to get paid for their services. In a contingency fee arrangement, the lawyer agrees to represent the client and handle all legal work related to the case in exchange for a percentage of any monetary damages awarded to the client.
The percentage varies depending on the complexity of the case, but it is typically around 33% of the total award. If the case is unsuccessful, the lawyer does not receive a fee, although the client may still be responsible for other costs associated with the case, such as court fees and expert witness fees.
Contingency fee arrangements are beneficial for clients who may not have the financial resources to pay for legal services upfront. They also incentivize the lawyer to work diligently on the case, as their fee is directly tied to the outcome of the case. If you are considering hiring a motorcycle accident lawyer in St. Petersburg, be sure to discuss their fee structure and any associated costs during your initial consultation.
St. Petersburg Motorcycle Accident FAQs
How Do I Report The Accident To The Authorities?
A: If you are involved in a motorcycle accident in St. Petersburg, it is important to report the accident to the authorities as soon as possible. This not only helps to ensure that you and any other parties involved receive necessary medical attention, but it also creates an official record of the accident that may be useful in any subsequent legal proceedings.
To report a motorcycle accident in St. Petersburg, you should call 911 and inform the operator of the location and nature of the accident. A police officer will be dispatched to the scene to investigate and create an accident report. The report will typically include details such as the date and time of the accident, the names and contact information of all parties involved, and a description of the damage and injuries sustained.
It is important to be honest and accurate in your description of the accident to the police officer, as any inconsistencies or discrepancies may be used against you in court.
How Do I Obtain A Copy Of The Police Report?
A: To obtain a copy of the police report, you can contact the St. Petersburg Police Department or the Pinellas County Sheriff’s Office, depending on which agency responded to the accident. You may be required to pay a fee to obtain a copy of the report.
It is important to review the police report carefully and notify the authorities if you notice any errors or discrepancies. Additionally, you should share a copy of the report with your motorcycle accident lawyer, as they will use it as a key piece of evidence in building your case.
Should I Speak With The Other Driver’s Insurance Company?
A: You may be contacted by the other driver’s insurance company shortly after your motorcycle accident. They may request that you provide a statement or answer questions about the accident.
It is generally not recommended that you speak with the other driver’s insurance company without first consulting with a motorcycle accident lawyer. Insurance companies are primarily interested in protecting their own interests and may use any statements you make against you in an attempt to minimize their liability.
Instead, you should direct all communications from the other driver’s insurance company to your lawyer. Your lawyer can help to ensure that your rights are protected and that you receive fair compensation for any injuries or damages sustained in the accident.
It is also important to remember that you are under no obligation to provide a statement or answer any questions from the other driver’s insurance company. Simply inform them that you are in the process of seeking legal counsel and direct them to your lawyer.
What If At Fault Party Doesn’t Have Insurance?
A: If you are involved in a motorcycle accident with an uninsured driver, you may be able to seek compensation through your own insurance policy. This may include uninsured motorist coverage, which is designed to provide compensation for injuries and damages sustained in accidents with uninsured drivers.
It is also important to consult with a motorcycle accident lawyer, as they can help you to explore all available legal options and ensure that your rights are protected throughout the process. Your lawyer may be able to help you recover compensation through a personal injury lawsuit, or through other means such as negotiating a settlement with the at-fault party or their insurance company.
What If I Was Partially At Fault For The Accident?
A: Under Florida’s comparative negligence law, your degree of fault in the accident will be taken into consideration when determining the amount of compensation you are entitled to. If you were partially at fault for the accident, the amount of compensation you can recover may be reduced in proportion to your degree of fault.
For example, if you were found to be 20% at fault for the accident, the amount of compensation you are entitled to may be reduced by 20%. It is important to consult with a motorcycle accident lawyer if you believe you may be partially at fault for the accident.
Can I Still Recover Damages If I Wasn’t Wearing A Helmet?
A: The at-fault party or their insurance company may argue that your failure to wear a helmet contributed to your injuries or made them worse, and therefore you should be held partially or fully responsible for the damages.
However, it is important to note that not wearing a helmet does not necessarily prevent you from recovering damages altogether. In some cases, other factors may have contributed to the accident or your injuries, and your failure to wear a helmet may be considered only one factor among many.
How Long Do I Have To File A Motorcycle Accident Claim?
A: In St. Petersburg, you have two years from the date of the accident to file a personal injury lawsuit seeking damages for any medical expenses, lost wages, and other losses related to your motorcycle accident. It is important to note that this time limit varies depending on the type of case and jurisdiction.
Therefore, it is best to seek legal advice and consult with a motorcycle accident lawyer as soon as possible to get an accurate understanding of the applicable laws and your legal rights. A qualified attorney can help you to understand all of your options, including pursuing a claim against the at-fault party.
How Much Compensation Can I Recover For My Injuries?
A: The amount of compensation you can recover for your injuries in a motorcycle accident in St. Petersburg will depend on a variety of factors, including the severity of your injuries, the impact they have on your life, and the extent of the damages sustained.
Compensation in a motorcycle accident case may include:
- Medical expenses, including current and future medical costs related to your injuries
- Lost wages and future earning potential if you are unable to work due to your injuries
- Pain and suffering, including physical and emotional distress resulting from the accident
- Property damage, including repairs or replacement of your motorcycle
In cases where the at-fault party’s actions were particularly egregious, you may also be entitled to punitive damages, which are intended to punish the responsible party and deter similar behavior in the future. It is important to note that every case is unique, and the amount of compensation you are entitled to will depend on the specific circumstances of your case.
How Long Does The Legal Process Take If I Hire A Personal Injury Lawyer?
A: The length of time it takes to resolve a motorcycle accident case in St. Petersburg can vary widely depending on the circumstances of the case. While some cases may be resolved quickly through negotiation or settlement, others may require more extensive investigation and litigation, which can take several months or even years.
The legal process typically begins with an investigation into the accident and your injuries, including gathering evidence, speaking with witnesses, and consulting with medical professionals. Your lawyer will then work with the at-fault party or their insurance company to negotiate a settlement that fairly compensates you for your injuries and damages.
If a settlement cannot be reached, your case may proceed to trial. The trial process can be lengthy, involving pre-trial hearings, discovery, and jury selection, as well as the trial itself. After the trial is complete, a verdict will be reached, and if you are successful, you will receive compensation for your injuries and damages.
The length of time it takes to resolve a motorcycle accident case can depend on a variety of factors, including the complexity of the case, the willingness of the at-fault party or their insurance company to negotiate a settlement, and the court’s schedule. It is important to work with a motorcycle accident lawyer who can provide you with an estimate of the timeline for your specific case and help guide you through the legal 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 St. Petersburg Motorcycle Accident Lawyers Today
If you or a loved one has been involved in a motorcycle accident in St. Petersburg, the experienced attorneys at Herman & Wells can help. Our team of legal professionals is dedicated to helping you get the compensation you deserve for your injuries and damages. We understand the physical, emotional, and financial toll that a motorcycle accident can take on your life, and we are here to guide you through the legal process every step of the way.
Don’t wait to get the legal help you need. Call (727) 821-3195 today to schedule a free consultation with one of our St. Petersburg motorcycle accident lawyers. We work on a contingency fee basis, which means you pay nothing unless we win your case. Let us help you get the justice and compensation you need to recover!
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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.
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