Clearwater Motorcycle Accident Lawyer
Were you or a loved one injured in a motorcycle accident in Clearwater, Florida? You could obtain compensation for your damages. The Clearwater motorcycle accident attorneys at Winters and Yonker Personal Injury Lawyers, are ready to fight on your behalf. Call (727) 493-4418 to schedule a free consultation today.
With 119 years of combined experience practicing law, our personal injury law firm in Florida has collected millions of dollars on behalf of deserving personal injury victims.
Contact our Clearwater personal injury law firm today to start with your free case evaluation.
How Winters and Yonker, P.A., Can Help After a Motorcycle Accident in Clearwater
Winters and Yonker Personal Injury Lawyers can help you fight for compensation after a motorcycle accident. Our Clearwater personal injury attorneys are known for their aggressive negotiation and litigation strategies.
When you hire our legal team to represent you, we’ll help by:
- Collecting evidence to prove your compensation claim
- Hiring experts and specialists to testify on your behalf if necessary and help to bolster your case
- Negotiating and handling communications with the defendant
- Filing a lawsuit and taking your case to court if the circumstances demand
- Apprising you of your legal options throughout your case
Schedule your free consultation today by giving us a call or contacting us online. Our Clearwater motorcycle accident attorneys are standing by.
Motorcycle Accident Statistics in Florida
Behind California, Florida is the second most popular state to own a motorcycle. As a result, it might not come as a surprise then to learn that motorcycle accidents are quite common in the Sunshine State.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) publishes statistics on crashes throughout the state. In 2021, there were 8,639 motorcycle accidents in Florida, resulting in 624 fatalities and 7,384 injuries. That’s nearly two fatalities per day, on average.
In Pinellas County, there were 432 motorcycle crashes in 2021. Those crashes resulted in 29 fatalities and 383 injuries. Whether looking at the numbers for the state as a whole or the county in which Clearwater is located, it’s clear that just about every motorcycle accident results in an injury.
What Is My Clearwater Motorcycle Accident Case Worth?
Because each Clearwater motorcycle accident is unique in its facts, each has a unique value. That said, certain factors do influence the worth of most cases. These factors include the following:
- The terms and conditions of any relevant insurance policies
- The severity and type of injury you’ve suffered
- Whether you are party to blame for the motorcycle accident
- The availability and amount of evidence to prove your case
It’s also relatively safe to say that the bigger the impact the accident has had on your life, the more your case will be worth. We can provide further insight on this topic during your free consultation with one of our Clearwater motorcycle accident attorneys.
What Types of Damages Are Available to Clearwater Motorcycle Accident Victims?
Victims of motorcycle accidents in Clearwater can aim to collect economic, non-economic, and possibly punitive damages.
Economic damages and non-economic damages are forms of compensatory damages. Economic damages are easier to quantify and include things like lost wages, decreased earning capacity, medical bills, and out-of-pocket expenses.
Non-economic damages are less quantifiable; examples include pain and suffering, emotional distress, decreased enjoyment of life, and loss of consortium.
Punitive damages are not usually awarded in personal injury cases in Clearwater. These damages are meant to punish the defendant rather than to compensate you, although they do in effect. They also are supposed to deter society from engaging in similar behavior to the at-fault party.
Can I Still Recover Damages If I’m Being Blamed for a Motorcycle Accident in Florida?
Yes, you can – Florida operates under a modified comparative negligence standard. With a modified comparative negligence standard, you will be assigned a percentage of fault, and your financial award will be reduced in proportion to that percentage (if any).
However, these rules prohibit you from recovering compensation if you were more than 50% at fault.
Let’s illustrate this with an example. Say you’re awarded $1 million by the jury but are also found to be 30% at fault for the motorcycle accident. In that case, your financial award would be reduced to $700,000, or the full amount minus your percentage of fault. However, if you are 51% at fault you would recover $0.
The issue of comparative negligence is often at the forefront of a motorcycle accident case in Clearwater. With an attorney from Winters and Yonker, P.A., representing you, you can feel rest assured that your interests will be fully protected.
Common Motorcycle Accident Injuries You Can Claim Compensation for
You can claim compensation for just about any injury after a Clearwater motorcycle incident. Some of the most common that we see include, but are not limited to:
- Head and neck injuries
- Brain injuries
- Broken bones
- Road rash
- Collapsed lung
- Amputations
- Catastrophic injuries
- Internal bleeding
- Organ damage
- Wrongful death of a loved one
Reach out to our law offices today if you or a loved one have suffered an injury after a motorcycle accident. Our lawyers can help you get the compensation you need.
What Causes Most Motorcycle Accidents in Clearwater, Florida?
A motorcycle crash can happen for any number of reasons in Clearwater, Florida. Most crashes are not the rider’s fault, although some can be. Some common causes are:
- Distracted driving
- Reckless driving
- Drunk or intoxicated driving
- Tailgating
- Speeding
- Running a red light
- Poor weather conditions
- Insufficient rider skill
Have you been involved in a crash? Contact Winters and Yonker Personal Injury Lawyers, to set up a free consultation and learn more about how our lawyers can help.
What Should I Do After a Motorcycle Crash in Clearwater?
It’s important to note that what you do and do not do immediately after a motorcycle accident in Clearwater can greatly affect your compensation claim. Here are some quick tips to keep in mind:
- Call 911 and stay at the scene of the crash. It is generally required to alert the authorities by law if the accident is serious enough, and fleeing the scene could hurt your case.
- Receive medical attention and document any available evidence. Medical evidence will be critical to proving your claim, and taking photos and videos of the scene, if possible, can help strengthen your case.
- Do not apologize or make statements of blame. Either of these things can be used by the other side to minimize the value of your claim.
You should also contact a Clearwater motorcycle accident lawyer after a crash. An attorney can provide you with real-time guidance on how to proceed.
How Do I Prove Negligence in My Clearwater Motorcycle Accident Case?
Negligence is the cause of action that most motorcycle accident cases are founded upon. Negligence means something like “carelessness,” and as the personal injury victim, you will need to prove four legal elements in order to win your case.
You must prove these elements by a preponderance of the evidence, which is an easier standard to meet than the “beyond a reasonable doubt” threshold in criminal cases.
The four elements required to prove negligence are:
- Duty of care
- Breach of duty
- Causation
- Damages.
You will essentially have to demonstrate that the at-fault party owed you a duty of care given the circumstances and that they breached that duty of care, causing you harm as a result.
At least one of these elements will be in dispute in virtually every Clearwater motorcycle accident case. The attorneys with Winters and Yonker Personal Injury Lawyers, are experts when it comes to proving negligence claims. Call today for more information.
How Much Time Is There To File a Lawsuit After a Motorcycle Accident in Florida?
The statute of limitations in Florida sets legal deadlines for when lawsuits must be filed. If you file your lawsuit after the statute of limitations has expired, a court of law will refuse to hear your case.
For personal injury cases, including motorcycle accident cases, you will have two years from the date of the accident to file suit. There are exceptions to this deadline, however, so it’s possible you’ll have more or less time than that.
For example, the Florida’s statute of limitations used to be four years before the passage of a March 2023 law. If you got into an accident before this law took effect (3/24/2023), you would be subject to the four-year deadline.
Call our law firm as soon as possible if you think it might be too late to file your lawsuit. That is something we can help determine during your initial consultation.
Schedule a Free Consultation With an Experienced Clearwater Motorcycle Accident Lawyer
You deserve to be made whole again after you’ve been involved in a motorcycle accident in Clearwater.
Whether your primary concern is your medical bills, out-of-pocket expenses, or pain and suffering, a skilled personal injury lawyer can maximize your compensation.
The aggressive Clearwater motorcycle accident lawyers with Winters and Yonker Personal Injury Lawyers, are more than up to the task. Call us at (727) 493-4418 or send us an online message to learn more and schedule your free case evaluation.
