Motorcycle Accident in Fort Myers
The number of motorcycle crash cases is growing rapidly, including in Fort Myers. You can be an excellent driver and follow all the rules of the road, but you can never predict where the danger will come from. It’s not uncommon to have crash cases where external factors, such as poor road conditions or inappropriate weather circumstances, were the cause. At best, injured riders suffer minor injuries and under the worst of circumstances, they suffer severe personal injury or even death. By contacting a Fort Myers motorcycle accident attorney, injured riders, pedestrians, and others involved in the incident can receive fair compensation, including economic and noneconomic damages.
Experienced Fort Myers Motorcycle Accident Attorneys
Riding a motorcycle requires more skill than motor vehicles on the part of the vehicle operator. An important requirement for riders is to undergo special training on how to operate the vehicle. It is a forced measure, since driving a motorcycle is a behavior with increased risk on the road. During motorcycle crash cases, the circumstances of the incident are revealed, and the jury has to examine the case in detail to determine the degree of guilt of one participant or another in the crash. Experienced motorcycle accident lawyers in Fort Myers will help prepare claims against the insurance company and/or the at-fault party so that fair compensation can be obtained. It is important to remember that a jury will consider the degree of culpability of the driver depending on the behavioral factors—negligence, carelessness, or reckless driving. Witness testimony and whether or not the motorcyclist was wearing a protective helmet while driving are also considered.
Why Are Motorcycle Accidents So Dangerous?
The operator of the vehicle is driving a motorcycle at a fairly high rate of speed. When specific road conditions are not met, the motorcyclist becomes a vulnerable road user, and even a collision with a passenger car can lead to irreparable consequences. The participant’s guilt will depend on the results of the investigation. In any case, a motorcycle is considered a dangerous vehicle from a practical point of view. A motorcyclist goes much faster than the driver of a car or truck, and in a collision, the risk of injury is much higher than that of the driver or passenger of a passenger car. Each incident is unique, and a well-crafted claim by a Fort Myers attorney can help potential accident victims obtain fair compensation through both insurance and jury verdicts.
Filing a Lawsuit After a Motorcycle Accident
If you are a motorcycle accident victim, you have four years to file a claim. Otherwise, your claim will be dismissed. This rule applies throughout Florida, including in Fort Myers. Note that if your relative is hospitalized and dies due to medical negligence after the crash case, then the statute of limitations is only two years. We recommend not delaying this matter but to immediately contact motorcycle accident attorneys in Fort Myers, who will help file the claim and prepare the necessary evidence for a jury trial.
Proving the Other Driver's Liability
If a motorcycle crash case in Fort Myers involved the driver of a car or truck, it is likely that the accident was their fault. When trying the case, the lawyer must emphasize in the lawsuit that it was the driver of the other vehicle that was responsible for the incident. An important part of determining fault will be to determine if the operator of the car or truck and potential victims were following the rules of the road. Florida law provides equal protection for victims, and only compliance with the rules of the road will determine the degree of culpability of each party involved in the incident. Our attorney can help gather evidence and request additional expertise to determine the degree of culpability of each party to the accident.
Types of Motorcycle Accidents
Federal statistics say there were 5,014 motorcycle fatalities on US roads in 2019. Riders are twenty-nine times more likely to be killed than passengers in passenger cars. In addition, the likelihood of sustaining a serious injury is four times higher than for other accident participants. The main types of crash cases involving motorcycles are:
- Head-On Collision. More than 50% of motorcycle accidents end in death. Also, this type of accident has a high percentage of giving serious injuries to riders.
- Speeding and Drunk Driving. These types of car accidents account for almost 50% of all incidents.
- A car driver making a left turn and colliding with a motorcycle.
- A motorcycle driver driving between two lanes of slow-moving cars. For example, imagine you are driving on a four-lane road, but the driver of the car is not paying attention to the other drivers on the road and is talking on the phone at the same time.
Each type of car accident has its own unique characteristics, and only an experienced lawyer can help protect the interests of the injured party by gathering evidence.
Common Motorcycle Accident Injuries
The motorcyclist is considered the most vulnerable participant in traffic. When drafting a motorcycle accident lawsuit, a motorcycle accident attorney collects evidence of the injuries sustained while considering the degree of responsibility of each party involved in the incident. The most common types of injuries received while riding a motorcycle are:
- Head Injuries. These occur quite often, even when wearing a protective helmet.
- Damage to the Spinal Cord. This leads to short-term or lifelong paralysis.
- Fracture of the Spine. Surgery is very often required.
- Amputation of the Upper or Lower Extremities. The loss of an arm or leg causes shock to the body, and the person becomes disabled for life.
Given current and present medical costs, an experienced attorney will prepare claims against the insurers and at-fault party so that motorcycle crash victims can receive fair compensation, including costs of pain, suffering, and rehabilitation.
Pursuing Compensation for Motorcycle Accident Claims
Under Florida law, a motorcyclist is not required to have motorcycle insurance when driving a vehicle. However, it is necessary to have a minimum of personal insurance so that in case of force majeure, one can receive compensation in the future. In other cases, compensation is paid out of the existing insurance of the perpetrator of the incident. Experienced Fort Myers motorcycle accident lawyers recommend that all road users have minimum PIP insurance, which covers a minimum of $10,000 in coverage. With this, medical expenses will be covered up to 80% and lost wages can be covered up to 60%. However, you need to keep in mind that PIP does not cover noneconomic damages. It will require a lawsuit where, upon representation by an attorney, potential motorcycle crash victims are entitled to other damages. In order to be able to get other compensation in the future, riders are advised to contact any insurance company and get other insurance documents for unforeseen life events.
Motorcycle Accident FAQs
Potential accident victims can always get help and assistance from an experienced attorney. Here, our top motorcycle accident lawyers answer common motorcycle accident questions. If you don’t find your question here, ask the question in person and get a free initial consultation.
What Causes Motorcycle Accidents?
In court cases, the attorney is always there to protect the interests of the injured party, with the following being the most common causes of motorcycle accidents:
- Speeding
- Drowsy driving
- Texting while driving
- Careless driving
- Disregard of mirrors
- Failure to check blind spots
- Drunk driving
In each case, the degree of culpability of the motorcyclist or other party to the incident is determined. This factor is very important in determining the amount of compensation.
Who Pays For Medical Bills After a Motorcycle Collision?
It is recommended that the motorcyclist have PIP insurance. This will allow them to receive compensation for medical bills. In all other cases, compensation will be paid by court order. Get help from motorcycle accident lawyers, who can help you write a claim to get compensation for medical bills.
What Damages Can I Seek?
You can get compensation for economic and noneconomic damages. Economic damages are covered by PIP insurance, while noneconomic damages are covered by a jury verdict. To gather evidence for noneconomic damages, get help from our lawyers.
What Is the First Step I Should Take After Being Injured in a Fort Myers Motorcycle Accident?
After the accident, you must see a doctor within fourteen days. After your injury is treated, you will be billed for the medical costs. Be sure to keep the receipts and provide them to your attorney, who will then make a claim against your insurer or the at-fault party for full reimbursement of the expenses incurred.
Do I Really Need an Attorney for My Fort Myers Motorcycle Accident Case?
By contacting an experienced lawyer, you will see a credible and impressive calculation of how much compensation you can receive after an accident. Experience has shown that accident victims who do their own calculations get tens or hundreds of times less compensation than they are actually entitled to.
Get a Free Consultation
If you or a relative has been the victim of a motorcycle accident, then contact our specialists and get a free consultation about your case. After you call, a lawyer will give you a free initial consultation and advise you on what to do next.
References and Resources:
https://www.nhtsa.gov/road-safety/motorcycles
https://www.forthepeople.com/fort-myers/motorcycle-accident-lawyers/
https://www.vilesandbeckman.com/fort-myers-motorcycle-accident-lawyer/
https://www.attorneyshapiro.com/fort-myers-auto-accident-attorney/motorcycle-accidents/
https://wolfandpravato.com/motorcycle-accident-lawyer-fort-myers/
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