If you have been injured in a Tampa, Florida motorcycle accident, it can be an incredibly difficult time for you and your family. Motorcycle accidents are often more serious than car accidents due to the lack of protection that riders have from the elements. It is important to know that you are not alone and there are resources available to help get you back on your feet. At Herman & Wells, we understand the financial and emotional toll that motorcycle accidents can take, and we are committed to helping you fight for the justice you deserve.
Our team of experienced Tampa motorcycle accident attorneys will work diligently to ensure that you receive the compensation you are entitled to.
The Cliff Notes: Key Points Covered On This Page
- It may be possible to file a claim with your own insurance company if the at-fault party doesn’t have insurance.
- Florida follows a comparative negligence rule, which means that an injured party may be able to recover compensation even if they are partially at fault for the accident.
- Motorcyclists in Tampa and throughout Florida are required to wear helmets while riding.
- You have two years from the date of the accident to file a claim for damages in Tampa.
- The amount of compensation you can recover for your injuries depends on several factors. You should expect the legal process to take several months before reaching a settlement agreement or verdict.
- Contact Herman & Wells for assistance with filing a Tampa motorcycle accident claim.
Why Talk to a Personal Injury Lawyer After A Motorcycle Accident in Tampa?
If you have been injured in a Tampa, Florida motorcycle accident, it is important to know that you are not alone and there are resources available to help get you back on your feet. At Herman & Wells, our team of experienced Tampa motorcycle accident attorneys will work diligently to ensure that you receive the compensation you are entitled to for medical bills and lost wages.
We understand the financial and emotional toll that motorcycle accidents can take, and we fight for justice on your behalf so that you can feel secure knowing that an experienced legal professional has got your back. With our expert legal advice protecting your rights and interests, you’ll have peace of mind knowing that we’re fighting for justice on your behalf.
It’s Even Better If You Can Find a Motorcycle Accident Attorney With Trial Experience
When it comes to Tampa motorcycle accidents, the best chance of success often comes when you have an attorney who has trial experience. At Herman & Wells, our attorneys have successfully represented Tampa motorcycle accident victims in court and have won settlements that help cover medical expenses and lost wages. Additionally, we are committed to staying up-to-date with Tampa motorcycle laws to ensure that we are able to provide you with the best possible defense for your case.
What You Should Do After Motorcycle Accident In Tampa
Immediate Actions To Take After A Motorcycle Accident
If you have been injured in a Tampa, Florida motorcycle accident, the first step is to move to a safe location of the road if possible. If you cannot move, call 9-1-1 immediately to request assistance. Once at the hospital, make sure that a doctor thoroughly examines you and documents all injuries.
Importance Of Seeking Medical Attention
It is important to understand that even minor injuries can become more serious over time. You should always seek medical attention after a motorcycle accident to ensure that any injuries you may have are addressed immediately.
What To Do If The Other Driver Is At Fault
If the other driver is at fault for your Tampa motorcycle accident, you may be entitled to financial compensation. You may be able to file a personal injury claim against the other driver’s insurance company to help cover medical bills, lost wages, and other damages.
How To Document The Accident Scene And Obtain Evidence
In order to build a strong case, it is important to document the accident scene and obtain evidence. This can be done by taking photos of the scene, speaking to witnesses, and collecting any physical evidence that may be present.
Importance Of Contacting A Tampa Motorcycle Accident Lawyer
It is important to contact a Tampa motorcycle accident lawyer as soon as possible in order to ensure that your rights and interests are protected. An experienced Tampa motorcycle accident attorney can help you understand your legal options, build a strong case, and negotiate with insurance companies.
Understanding Motorcycle Accidents In Tampa
Motorcycle accidents are a serious issue in Tampa, Florida. According to the Department of Highway Safety and Motor Vehicles, there were 26,083 motorcycle crashes in the state over a two-year period. In 2019 alone, 8,895 motorcycle crashes occurred in Florida – that’s 24 daily.
Sadly, 1,680 of those motorcycle crashes occurred in Tampa Bay and led to 78 deaths. Additionally, 600 motorcycle deaths were recorded in 2020 with 70% of riders saying they wear a helmet while riding. It is important for all drivers to be aware of the dangers associated with motorcycle accidents and take necessary precautions when on the road.
Common Causes Of Motorcycle Accidents In Tampa
The Tampa Police Department reported that the most common causes of motorcycle accidents in Tampa are negligent driving behavior, such as speeding and distracted driving. Additionally, unsafe road conditions including potholes and debris can contribute to Tampa motorcycle accidents.
Common Injuries Caused By Motorcycle Accidents
Tampa motorcycle accident victims commonly suffer traumatic head injuries, broken bones, nerve damage, and road rash. Depending on the severity of the crash and the protective equipment used by the victim, more serious injuries such as spinal cord trauma and internal organ damage can occur.
How Motorcycle Accident Claims Differ from Car Accident Claims
Motorcycle accident claims differ from car accident claims in Tampa as motorcycle accidents tend to involve more serious injuries and damages than car accidents. Additionally, Tampa motorcycle laws can be complex and often require the assistance of a Tampa motorcycle accident lawyer to ensure that victims are compensated fully for their losses.
Florida Motorcycle Laws
Understanding the Tampa motorcycle laws that apply to you can help ensure your safety on the road, as well as protect you from any potential legal consequences. In Tampa, for example, all motorcycle operators are required to wear a helmet that meets the standards set by the U.S. Department of Transportation.
In addition, all motorcycles must have working headlights, taillights, turn signals, and brake lights. Motorcycle riders are also required to have a valid motorcycle endorsement on their driver’s license. Failure to adhere to these laws can result in fines, points on your driver’s license, and even the suspension of your license. So, before hitting the road on your motorcycle in Tampa, make sure you are familiar with the applicable laws to ensure your safety and legal compliance.
Explanation Of Motorcycle Helmet Laws In Florida
In Florida, motorcycle helmet laws require that all riders and passengers wear helmets that meet the safety standards set by the U.S. Department of Transportation.
However, there is an exception to the law. Riders over the age of 21 who have at least $10,000 in medical insurance coverage can choose to ride without a helmet. In this case, the rider must carry proof of medical insurance coverage with them at all times while riding.
It is important to note that the exemption only applies to riders who are 21 or older, have at least $10,000 in medical insurance coverage, and have held a motorcycle license for at least two years. Passengers, regardless of their age, must wear helmets while riding on a motorcycle.
It’s also essential to remember that helmets provide crucial protection to riders and passengers in the event of an accident. Even with the exemption, it is still highly recommended that all riders and passengers wear helmets while riding. Wearing a helmet can significantly reduce the risk of injury or death in the event of a motorcycle accident.
Explanation Of Florida’s “No-Fault” Insurance System
Florida has a “no-fault” insurance system, which means that after a car accident, each driver’s insurance company pays for their medical expenses and lost wages, regardless of who was at fault for the accident. This system is designed to reduce the number of lawsuits resulting from car accidents and ensure that injured parties receive timely compensation for their injuries.
Under Florida’s no-fault insurance system, drivers are required to carry Personal Injury Protection (PIP) coverage, which pays for their medical expenses and lost wages, up to the policy limit, regardless of who caused the accident. The minimum PIP coverage required in Florida is $10,000.
In addition to PIP coverage, Florida drivers are also required to carry Property Damage Liability (PDL) coverage, which pays for damages they cause to someone else’s property, such as their car or fence. The minimum PDL coverage required in Florida is $10,000.
It’s important to note that the no-fault system does not apply in cases where the accident results in serious or permanent injury, disfigurement, or death. In those cases, the injured party may file a lawsuit against the at-fault driver for damages.
Florida’s no-fault insurance system has its advantages and disadvantages. On one hand, it can provide injured parties with timely compensation without the need for lengthy legal proceedings. On the other hand, it can result in higher insurance premiums for drivers and may not provide adequate compensation for those who suffer serious injuries or significant property damage in an accident.
Other Laws That May Impact A Motorcycle Accident Case
Several other laws may impact a motorcycle accident case in Florida. These laws include:
Florida is a comparative negligence state, which means that each party involved in an accident can be assigned a percentage of fault for the accident. This percentage of fault can impact the damages that each party is entitled to recover.
Statute Of Limitations
There is a time limit, known as the statute of limitations, within which a person must file a lawsuit after a motorcycle accident. In Florida, the statute of limitations for a personal injury lawsuit resulting from a motorcycle accident is generally two years from the date of the accident.
If a person is killed in a motorcycle accident, their surviving family members may be able to file a wrongful death lawsuit against the at-fault party. In Florida, the statute of limitations for a wrongful death lawsuit is generally two years from the date of death.
Motorcycle riders are required to carry certain minimum insurance coverage in Florida. If the at-fault party in a motorcycle accident does not have insurance, it can impact the injured party’s ability to recover damages.
If a motorcycle accident is caused by a driver who is under the influence of drugs or alcohol, it can impact the case significantly. The at-fault driver may face criminal charges and increased liability for damages in a civil lawsuit.
Understanding these laws and how they may impact a motorcycle accident case is essential for anyone involved in a motorcycle accident in Florida. Consulting with an experienced personal injury attorney can help injured parties navigate these laws and maximize their recovery.
How Dangerous Are Tampa’s Roads For Motorcyclists?
Several factors contribute to the danger of Tampa’s roads for motorcyclists. One of the primary factors is the heavy traffic in the area, particularly on major highways like I-4, I-75, and I-275. Heavy traffic can increase the risk of accidents, particularly when drivers are distracted or inattentive.
Another factor that contributes to the danger of Tampa’s roads for motorcyclists is the lack of dedicated motorcycle lanes. Unlike in some other cities, Tampa does not have designated motorcycle lanes on most of its roads. This means that motorcyclists must share the road with other vehicles, which can increase the risk of accidents.
Tampa Motorcycle Accident Lawyer Services
In case you or someone you care about has been in a motorcycle accident, it is crucial to seek legal assistance without delay. At Herman & Wells, we acknowledge the physical and emotional strain that can stem from being hurt in an accident. Our focus is on assisting victims of motorcycle accidents in obtaining the compensation they are entitled to for their losses.
Our team of experienced attorneys is dedicated to assisting victims through every step of their case, from filing a claim to negotiating a settlement. We understand the nuances of personal injury law and can provide guidance on what damages may be recovered after an accident.
Explanation Of Contingency Fee Arrangements
At Herman & Wells, we want to ensure that our clients understand their rights and the legal process. That is why we offer free consultations and explain our contingency fee arrangements. A contingency fee arrangement means that you do not pay any attorney fees unless a settlement or verdict is obtained in your favor.
Tampa Motorcycle Accident FAQs
How Do I Report The Accident To The Authorities?
A: If you are involved in a motorcycle accident, it is important to contact the appropriate authorities. In Tampa, an accident should be reported to the Tampa Police Department or Hillsborough County Sheriff’s Office. It is essential to obtain a police report and any other available evidence that could be used as proof of your claim.
How Do I Obtain A Copy Of The Police Report?
A: You can obtain a copy of the Tampa Police Department’s accident report by visiting Tampa’s Online Records website. You may also request a copy of the police report in person or by mail.
Should I Speak With The Other Driver’s Insurance Company?
A: It is generally not recommended to speak with the other driver’s insurance company until you have consulted with an attorney. The insurance company may try to use your statements against you and limit your recovery. Speaking with your experienced personal injury attorney instead can help ensure that your rights are protected.
What If At Fault Party Doesn’t Have Insurance?
A: If the at-fault party does not have insurance, it may be possible to file a claim with your own insurance company. Depending on the terms of your policy, you may be able to recover compensation for damages through uninsured motorist coverage. Additionally, you may also be able to file a lawsuit against the at-fault party in pursuit of damages.
What If I Was Partially At Fault For The Accident?
A: Florida follows a comparative negligence rule, which means that an injured party may still be compensated for their losses if they are partially at fault for the accident. However, their damages will be reduced by the percentage of responsibility attributed to them. For example, if you are found to be 25% at fault for the accident, your total damages will be reduced by 25%.
Can I Still Recover Damages If I Wasn’t Wearing A Helmet?
A: If you were not wearing a helmet at the time of the accident, this could be used against you in court by the other party’s insurance company. Motorcyclists in the Tampa Bay area and throughout Florida are required to wear helmets while riding. However, even if you weren’t wearing a helmet, this does not necessarily mean that you cannot recover damages. Your attorney can explain your legal rights and options to you, including the potential for recovering compensation from the other party for their negligence.
How Long Do I Have To File A Motorcycle Accident Claim?
A: In Tampa, you generally have two years from the date of the accident to file a claim for damages. However, it is important to remember that the sooner you file a claim, the better your chances of successfully recovering compensation.
How Much Compensation Can I Recover For My Injuries?
A: The amount of compensation you can recover for your injuries after a motorcycle accident will depend on several factors, including the severity of your injuries and the circumstances surrounding the crash. Your experienced personal injury attorney at Herman & Wells can provide you with an estimated value for your claim and explain what type of damages you may be entitled to receive.
How Long Does The Legal Process Take If I Hire A Personal Injury Lawyer?
A: The length of time for the legal process to conclude can vary depending on your case and how quickly the other side responds. Your personal injury attorney will be able to provide a more accurate timeline after they have had an opportunity to review the details of your case. Generally, you should expect the legal process to take several months before reaching a settlement agreement or verdict.
“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 Tampa Motorcycle Accident Lawyers Today
If you or a loved one have been injured in a motorcycle accident, contact Herman & Wells for help. Our experienced Tampa personal injury lawyers can provide you with the support and resources you need to move forward from your accident. We will fight aggressively to protect your rights while helping ensure that you receive the maximum amount of compensation possible. Call (727) 821-3195 today for a free case evaluation. We look forward to assisting you with your motorcycle accident claim!
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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.
Rear end collision
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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.