It is generally not a good idea to talk to the responsible party’s insurance company directly. That’s because the insurer’s primary goal is to settle your claim quickly as inexpensively as possible. The insurance adjuster may pressure you to accept their initial settlement offer. Doing so would likely result in you accepting far less than your case is worth. What’s more, you would be barred from pursuing any additional compensation for the injuries you sustained in the accident. There is also always a danger that an accident victim may inadvertently say something that could weaken their claim for compensation. Let your motorcycle wreck attorneys handle communications on your behalf.
Florida
Motorcycle Accident Lawyers
UnderstandingFlorida Motor Safety
In many ways, Florida is an ideal place to be a motorcyclist. We have scenic views, warm weather, and thousands of miles of open road. Unfortunately, Florida is among the worst states in the nation for motorcycle safety. Our rider injury and fatality statistics are cause for alarm.
If you’ve been seriously injured in a motorcycle accident caused by a negligent driver, you need an attorney who will fight for the compensation you deserve.
At Scott Marshall Injury Attorneys, we understand the challenges motorcyclists face – both physical and reputational – and we work tirelessly to help them hold other drivers accountable for their negligent actions.
What to DoAfter a Motorcycle Accident
Many victims are unsure what they should do or where they should turn for help after becoming injured in motorcycle accidents. In the minutes immediately following the accident, it’s important to turn on your hazard lights, get to a safe location, and call 911.
If you can safely do so, try to document the accident scene, including noting the license plate numbers and models of the other vehicle(s) involved. Photo or video evidence showing your injuries, damage to your motorcycle and other personal property, and skid marks on the roadway, for example, can help your motorbike accident lawyers build the strongest possible case for you. If there were witnesses to the accident, capture their contact information. You should also find out how to get a copy of the police report because this information can also help with your claim.
Even if you think your injuries are minor, it is a good idea to seek medical care immediately after the accident. Doing so can ensure all obvious (and not-so-obvious) ailments are treated appropriately. Be sure to comply with doctors’ post-visit instructions and keep all follow-up appointments.
When you contact your insurance company to report the accident, give them the facts about the accident, including the information captured on the police report and that you sought medical treatment. Be careful not to speculate about what caused the crash or admit fault in any way.
Finally, contact a personal injury law firm whose attorneys have experience helping other motorcycle accident victims. Talking to a skilled personal injury lawyer as soon as you feel up to doing so is the best way to both understand and preserve your legal rights. When you retain a lawyer, they will handle communications and negotiations with the other party and their insurer, so you can focus on recovering from your injuries.
Why MotorcycleAccidents Are So Devastating
Some of the dangers of being a motorcyclist are purely practical. Motorcycles are smaller and lighter than four-wheeled vehicles, and they offer no external protection to the rider in the event of a crash. These are reasonable risks that most riders accept as inevitable. Unfortunately, many of the dangers of riding have to do with how other drivers behave in the presence of motorcyclists. Common accident scenarios include:
- Passing too closely, cutting off a motorcyclist and increasing the risk of a rear-end collision
- Turning left in front of an oncoming motorcyclist, resulting in a crash or running them off the road
- Motorcycle skid-out accidents caused by leaking fluid from other vehicles
- Accidents caused by running over debris on the road that has fallen off/out of cars and trucks
- Failing to keep a lookout for motorcyclists in general
Where MotorcycleAccidents Happen Most Often in Florida
Urban areas like Miami, Orlando, Tampa, and Fort Lauderdale are among the most dangerous cities for riders, with accident spikes during spring break and events like Bike Week in Daytona Beach.
Other dangerous zones include Palm Harbor, Aventura, and West Palm Beach, where high traffic and tourist activity often contribute to serious crashes. If you’ve been injured in a Palm Harbor motorcycle accident or need an Aventura motorcycle accident lawyer, our team is here to help. We also assist clients seeking motorcycle accident lawyers in West Palm Beach. These areas have high traffic volume, distracted tourists, and congested roads, increasing the risk of motorcycle injury claims and motorcycle accident lawsuits.
Dangerous corridors such as I-95, I-275, and US-1 pose added risks, especially during construction or poor weather. Events and dense traffic create perfect conditions for aggressive driving motorcycle accidents and uninsured driver motorcycle accidents, often resulting in catastrophic motorcycle injury claims.
When you’re wondering who is liable in a motorcycle crash in Florida, local knowledge matters. A motorcycle accident attorney in Orlando, Tampa motorcycle crash attorney, or motorcycle accident lawyer in Fort Myers understands court tendencies and county-specific enforcement.
Common InjuriesCaused By Motorcycle Accidents
Unfortunately, even if you wear a motorcycle helmet, drive defensively, and take other safety precautions, injuries sustained in motorcycle accidents can be severe and life changing. Some victims escape with relatively minor injuries; others find themselves needing years of rehabilitative care. Some of the most common injuries sustained by victims of motorcycle accidents include the following:
- Broken bones on the face and neck
- Concussions
- Skull fractures
- Traumatic brain injuries
- Broken ribs
- Punctured lungs
- Broken sternum
- Spinal cord injuries
- Fractured vertebrae
- Ruptured discs
- Amputated limbs
- Ruptured or bruised internal organs
- Eye damage
- Dental injuries
- Torn muscles
- Lacerations
- Road rash
- Bruises
- Scarring
OverTwo Decades Of Experience
When you hire the experienced motorcycle injury lawyers at Scott Marshall Injury Attorneys, we’ll put our more than two decades of experience into your case, carefully reconstructing the details of the accident and demonstrating why the other driver was at fault. In doing so, we will help you seek the maximum available compensation for your injuries.
OvercomingBias Against Motorcyclists
It’s no secret that motorcyclists generally have a bad reputation among other road users. They are often seen as reckless, rude, and unwilling to look out for their own safety. Our motorcycle accident law firm understands that most motorcyclists are responsible, obey the rules of the road, and care very much about their safety.
As part of our larger legal strategy, our motorcycle accident attorneys will help you fight any bias you may be facing from jurors or insurance companies.
Learn About Your Rights And Legal OptionsSchedule A Free Consultation
Scott Marshall Injury Attorneys is a personal injury firm focused on client relationships and personalized attention, and we have a strong track record of success in helping our clients recover the compensation they need and deserve.
FAQ
Q.Should I talk to the other driver’s insurance adjuster?
Q.Can I receive compensation if I’m partially at fault?
Determining who was at fault in a motorcycle accident can be complex. Liability turns on all the underlying facts and circumstances. Often, one driver bears a majority of the responsibility for the crash. However, vehicle manufacturers may have some liability, and the government entity responsible for maintaining the roadway may also be implicated. Keep all of this in mind and be careful not to take responsibility for the accident when talking to the police, the other driver or an insurance adjuster.
Your motorcycle injury attorney will gather evidence and facts to establish liability. Even if you were partially at fault for the accident, you may still be able to recover compensation in Florida.
Q.How long do I have to file a lawsuit?
It is understandable that you may want to take some time following an accident to consider and evaluate your next steps. However, be careful not to wait too long! In Florida, there are specific time limits for filing claims after suffering injuries in motorcycle accidents. After March 24, 2023, accident victims have two years from the date of the accident to file claims for compensation. In certain cases, shorter time limits may apply.
As a best practice, consult with a knowledgeable personal injury attorney as soon as you feel up to doing so after your accident. Your lawyer can help you understand your rights and applicable time limits and give you all the information you need to make an informed decision about how to proceed.
Q.What if I wasn’t wearing a helmet during the accident?
Florida law allows riders over age 21 to operate a motorcycle without a helmet, provided they carry at least $10,000 in medical insurance. While helmet use can reduce injury severity, it does not bar you from filing a motorcycle accident personal injury claim. However, it may affect the compensation you receive, especially for head injuries.
Q.Can I file a claim if a road hazard caused my motorcycle crash?
Yes. Hazards such as potholes, gravel, construction debris, and poor signage may justify filing a Florida motorcycle accident claim. In such cases, liability could fall on a government entity or contractor. Claims involving roadway negligence require specific procedures and deadlines.
Q.What if the driver who hit me was uninsured or fled the scene?
This is where uninsured motorist (UM) coverage is vital. While Florida doesn’t require UM coverage, it can protect you in hit-and-run or uninsured driver motorcycle accident situations. Your attorney will explore every option to file a claim under your policy and secure the compensation you’re entitled to.
Q.How is motorcycle accident compensation calculated?
Compensation in a motorcycle crash attorney case typically includes medical bills, lost wages, pain and suffering, and future care needs. Severe injuries like spinal cord injury or limb loss increase potential damages. Attorneys gather medical records, expert opinions, and financial estimates to pursue maximum recovery.
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