Motorcycle Accident in Florida
Since 2001, there has been an interesting trend of motorcycle accidents in Florida. From 2001 to 2007 there has been an increase in such incidents; from 2008 to 2010, a slowdown; and after that, starting in 2011, the number of motor vehicle crashes has been steadily increasing. It should be added that today in the territory of Florida, there are more than five hundred thousand people who have an official license to drive a vehicle. After you have been in a motorcycle accident, you should not only call 911 for help but also contact a Florida motorcycle accident lawyer who can help you file a claim with the court and your insurer for reimbursement and compensation.
Florida Motorcycle Accident Lawyers
Every state in the United States has its own laws and regulations that govern motorcycle accidents. This includes Florida, where liability for motorcycle accidents is based on the negligence of motorcycle riders or other parties involved in the accident, subject to common state law. Most motor vehicle crashes occur due to the negligence or reckless conduct of motorcyclists in Florida.
Years of experience at our law firm have shown that many motorcycle crash victims are unaware of their legal rights and do not fully receive the compensation they are due. Some motorcycle riders forget that the state has a four-year period in which to file a lawsuit. Also, many motorcycle accidents cause health complications, but the accident participant did not go to the doctor. It is mandatory to see a doctor within fourteen days after a motorcycle crash, even if there are no visible injuries after a fall from the motorcycle. Many motorcyclists in Florida experience complications from motorcycle accidents months or years later.
Florida motorcycle accident attorneys can help you understand the intricacies and nuances of the law and help you prepare the necessary claims to go to court or before the at-fault party or the insurers.
Understanding the Reasons Why Florida Motorcycle Accidents Happen
Driving a motorcycle is a pleasure for the driver, who must observe the necessary minimum of safety on the road. However, most motorcycle riders forget that they are on the road and their recklessness leads to vehicle accident fatalities. More often than not, this point in court is seen as inattention and irresponsibility on the part of the operator of the vehicle. However, in some cases the motorcycle crash may be blamed on another party to the accident: the driver of the car or truck as well as the road service because of the poor condition of the roadway.
From a general safety standpoint, all vehicle operators must observe and ensure each other’s driving safety, regardless of whether they are driving a truck, passenger car, or motorcycle.
However, lawsuits filed by experienced accident injury lawyers show that the principle of safe driving is violated by driving too fast or too slow, a failure to turn between lanes, a failure to obey traffic signs or traffic lights, and driving under the influence of drugs or alcohol. A motorcycle accident lawyer can help you recover compensation if there are objective expert evaluations of the motorcycle crash and if everyone involved has insurance. Contact our experienced attorneys and get help with your case.
Disturbing Statistics About Motorcycle Accidents in Florida
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were approximately 9,122 crashes involving motorcycle riders in Florida in 2018. The total number of vehicle accident fatalities was 502. Nearly 7,860 people were injured to varying degrees of severity, and nearly all required medical attention. Such alarming statistics have been observed since 2011, when there has been an increase in severe car accidents. Many victims are assisted by motorcycle crash attorneys who file claims with the courts and/or insurers for Florida motorcycle accident coverage.
Liability for Florida Motorcycle Accidents
Liability for motorcycle accidents will be determined based on the comparative negligence method, which is mandatory in the state and includes motorcycle riders. The principle of calculating the degree of negligence is complicated, but the gist of it is as follows. For example, you state $110,000 in compensation in your claim, but your degree of fault is 39%. Then you may be entitled to $67,100 in compensation. However, if you are more than 50% at fault, then your compensation will be $0. In any case, it is recommended that you seek help from a lawyer who will review the details of the case and help you put together a claim for compensation. Remember that all road users are responsible in an accident. A violation of safety by one of the participants forces the injured parties to file a lawsuit, which a motorcycle crash attorney can help them with.
Florida Motorcycle Helmet Laws
A separate point of relevance to the practice of motorcycle crash lawyers in Florida is whether or not the operator of the vehicle was wearing a helmet. Indeed, there are a number of things that govern helmet-wearing while riding in the state.
- If the operator of the motorcycle is under the age of twenty-one, the helmet must be worn by the driver and passengers during the ride.
- If you have insurance for less than $10,000, the helmet must be worn by the passenger and operator.
- If you have insurance for more than 10,000 and if the driver is over twenty-one years old, you do not need to wear a helmet.
An experienced motorcycle accident lawyer advises you to wear a helmet in all situations, because you cannot know the real situation on the road. Very often it is the lack of a helmet that leads to vehicle accident fatalities. Also, not wearing a helmet can be an aggravating factor after an accident, even if you have insurance.
Seek help from an attorney who can review your case and advise you on how to proceed with the insurance company or court system.
Common Causes of Motorcycle Accidents
Florida has the second highest number of motorcycle riders and the highest number of fatal motorcycle crashes in the US. Most of the time, drivers are involved in accidents because of their own mistakes or misconduct. Florida motorcycle accident attorneys have to thoroughly investigate all the circumstances of a case so that the injured road user can receive compensation. In most cases, they identify the following primary causes of serious consequences:
- Distracted Driving: Truck drivers are used to seeing large moving objects, and any distracted action by the driver causes the truck driver to miss the motorcycle in time.
- Drunk Drivers: Under state law, a blood alcohol content level of 0.08% is considered intoxication. For motorcyclists, a BAC of 0.04% may be an aggravating factor. Contact a Florida motorcycle crash lawyer who can help investigate the circumstances of driving under the influence of alcohol or drugs and file a claim against the guilty party.
- Aggressive Driving: Drivers of cars and trucks fail to follow priority rules, resulting in aggressive driving and severe consequences.
- Violation of Traffic Laws: Ignoring road signs, dividing lanes, and traffic signals leads to all kinds of accidents. In some cases, the victims or participants in the accident will need the help and advice of an attorney.
- Vehicle Malfunction: This will require additional examination of the vehicle. All costs for the examination will be charged to the manufacturer of the motorcycle equipment. Seek the help of a motorcycle crash attorney who will help pass the examination, after which the root cause of the technical malfunction of the motorcycle equipment will be established.
- Road Hazards: It is not uncommon to see the current condition of the roadway as the cause of an accident. In this case, claims will need to be made against both road organizations and state authorities responsible for roads. Contact our motorcycle crash attorney for an explanation of this situation and he will prepare your claim for both the road authorities and the state.
Florida Motorcycle Accident FAQs
Florida motorcycle crashes have been occurring quite frequently in recent years. There are different causes and situations that need to be investigated in detail. Our Florida motorcycle accident attorneys answer frequently asked questions about it. If you can’t find your answer to your question below, ask a duty lawyer and get an initial free consultation.
What Are the Odds of Getting in a Motorcycle Accident?
According to the NHTSA, 5,014 motorcyclists were killed in 2019. A Florida motorcycle accident is twenty-nine times more likely to cause fatal injuries than someone driving or sitting in a passenger car. Also, a motorcyclist will be four times more likely to be injured. As the practice of attorneys shows,, the largest percentage of injuries will be on the side of those who were driving a motorcycle or were passengers in motorcycle equipment.
What Are My Rights Under Florida Law if I've Been Involved in a Motorcycle Accident?
A motorcycle accident can have different consequences, and the rights of the injured party must be protected. Depending on the circumstances of a Florida motorcycle crash, the following rights and responsibilities apply to the operator of a motorcycle vehicle:
- The operator of the vehicle may use the lane without any restrictions, on an equal footing with other road users.
- Two motorcycles may move side by side without impeding the movement of other vehicles.
- After an accident, you must notify emergency services by calling 911 about the incident.
- If you have insurance, you need to notify your insurance company of the incident.
- You must wait for a traffic police officer to arrive and not interfere with the officer’s investigation.
Otherwise, the rights of a motorcycle operator involved in an accident are exactly the same as those of other road users. Get help from our motorcycle crash lawyers in Florida if you are involved in a bicycle or motorcycle accident.
What Do You Need To Do To Prove Your Motorcycle Injury Case?
You need to see a doctor immediately who will examine you and document your injuries. Generally, in severe situations emergency physicians will arrive at the scene of an accident immediately. Otherwise, it is recommended that you visit a doctor within fourteen days to record your overall health. Otherwise, as our lawyers’ experience shows, those who don’t see a doctor within fourteen days suffer health complications in the future and cannot receive compensation payments.
The police officer’s report data is also used to prove the injuries, and the police officer passes it on to an expert. Based on the available data, the degree of culpability of the road user is determined, and it is also determined if the manufacturer of the motorcycle, which allowed the technical failure of the vehicle, is at fault. In some cases, if the fault of the auto accident was the fault of the roadway the expertise is appointed, which determines the degree of guilt of the road authorities as well as the state authorities who allowed the accident situation.
Is Making a Police Report Important?
Yes, it is a requirement. A traffic officer or local police officer has the authority to make a crash report. If necessary, you can have your Florida motorcycle accident lawyer review the actions of the traffic officers. The police report will be the basis of your claim against the insurance company or the state bar.
What if I Was Partly to Blame for the Motorcycle Accident?
Yes, it is a requirement. A traffic officer or local police officer has the authority to make a crash report. If necessary, you can have your Florida motorcycle accident lawyer review the actions of the traffic officers. The police report will be the basis of your claim against the insurance company or the state bar.
What Are the Most Common Motorcycle Injuries?
The consequences of a motorcycle accident can be devastating for the driver of the vehicle and his or her passengers. The most common injuries are:
- Craniocerebral injury
- Skull fractures
- Clavicle fractures
- Rib fractures
- Injuries to the cheekbone, nose, or jaw
- Eye injuries
- Fractures of the arm, wrist, or hand
- Fractures of both legs
- Sprains
- Soft tissue sprains, tears, and deformities
- Trauma to neck or back
- Trauma to internal organs
- Internal bleeding
Each injury sooner or later makes itself felt, so it is necessary to seek help from a doctor immediately after an accident.
Accident injury lawyers can then help you file a claim and get compensation for your medical bills.
How Do I Make a Claim for Motorcycle Accident Compensation?
You can make a motorcycle accident compensation claim as soon as possible after the accident. Enlist the help of an experienced bike crash attorney to file a claim with your insurance company or the courts. If you have been involved in an accident such as with a passenger car and the driver of the car has left the scene of the accident, you need to provide the following information and evidence to obtain compensation benefits:
- Insurance certificate, if the driver has one
- Medical bills
- Expenses related to rehabilitation
- Information about the place of work to receive compensation for loss of employment
- Information about the death of the motorcyclist with verified documentary evidence (for relatives of victims of motorcycle accidents)
How Long After My Accident Can I File a Claim?
There is a statewide rule that you can file a claim within four years of the date of the accident. Thereafter, claims will not be considered by the court except in certain cases. So, even if you are in the hospital after a car accident, we recommend that you or your family seek help from a lawyer who can advise you on what to do next.
What Kinds of Compensation Should I Expect to Receive After I've Been Involved in a Motorcycle Accident?
The exact amount of compensation you should receive will depend on the circumstances of the accident. You may be entitled to compensation under the following circumstances:
- Current medical bills
- Future rehabilitation expenses
- Receipt of property damage
- Receiving compensation for loss of employment, etc.
The exact amount of compensation will be determined by your attorney, who will look at insurance and other documents and related factors. Compensation payments can be claimed only on the basis of a lawsuit filed against the insurers or in court against the perpetrators of the accident.
What if the Driver Who Hit Me Didn't Have Insurance?
It is not uncommon to have situations where the other person involved in an accident does not have insurance or is underinsured. In this situation, the help of your bike crash attorney will be needed. Compensation payments can be obtained in the following ways:
- At the expense of your insurance.
- At the expense of close relatives of the person at fault in the accident, who must have their own insurance.
- If the driver was driving a commercial vehicle, from the trucking company where he or she worked.
If you are in this situation, ask our attorneys for help and they will advise you how to proceed.
What if I Was a Passenger on a Motorcycle When a Collision Occurred?
A passenger who has been injured in a motorcycle accident is entitled to receive compensation payments under Florida general laws. Compensation payments can be obtained either by their insurance or by filing a claim against other road users, including the motorcycle driver. An experienced lawyer can help you with how to properly file a claim. The important condition is that the claim must be filed within four years from the date of the accident.
What if My Loved One Was Killed in a Motorcycle Accident in Florida?
Spouses, parents, and common-law spouses can file a wrongful death lawsuit against a loved one.
- Most attorneys know how to file a wrongful death lawsuit for your loved one and will prepare a plea to the court.
- Claims can include your loved one’s possible future income, funeral expenses, loss of government benefits, etc.
Many plaintiffs find it difficult to file wrongful death claims because they believe they are at fault. If your loved one was your financial support in life for a long time and their wrongful death has caused you to no longer receive that support, a lawsuit can help restore justice. Our lawyer can help you get the support your loved one gave you while they were alive by filing a wrongful death lawsuit with a court panel.
How Can a Lawyer Help After a Motorcycle Accident?
Any motorcycle accident has consequences for the person involved. The work of experienced attorneys consists not only of drafting claims but also of performing the following tasks:
- Interviewing witnesses to the accident
- Collecting data from police officers and witnesses to the accident
- Requesting an expert evaluation of the accident
- Completing an analysis of the technical condition of the vehicle
- Preparing an appeal to the insurance company for compensation
- Preparing a counterclaim against the guilty party
- Completing an analysis of the technical condition of the roadway, etc.
Every detail of the accident is important, and the lawyer considers all the circumstances of the case and prepares a reasoned claim for compensation to the injured party in the motorcycle accident.
Let Our Florida Motorcycle Accident Attorneys Help You Today
If you have a motorcycle accident case and do not know what action to take, we recommend contacting our Florida motorcycle accident lawyers. You can submit your case, and then the circumstances of the incident will be investigated. Based on the information available, our expert will advise you on what further action you can take and what you can expect when you file a claim with the court panel or insurance company.
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