Motorcyclists and passengers have limited protection compared to people seated in a moving vehicle. As such, motorbike riders face significant safety risks. Nevertheless, every rider has a right to safely operate his or her two-wheel motor-powered machine on the roads. We at Winters and Yonker have experienced and dedicated North Port motorcycle accident lawyers that can help you if you need legal advice and representation when filing a lawsuit against those responsible for your accident and subsequent injuries or losses.
Since Florida State laws place a timeline for filing the compensation claim, you should act quickly to secure your chances of getting fair compensation. Get in touch with our personal injury attorneys today at (888) 373-7770 to schedule a free consultation and case evaluation. We also can handle such cases on a contingency basis; therefore, you will not have to worry about sourcing money to pay for our legal services.
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How Can A North Port Motorcycle Accident Lawyer Help With My Claim?
While you have the legal right to face those responsible and deal with their insurers and perhaps lawyers on your own, such a decision is more than likely to be futile. Insurance companies are keen on making profits, meaning they will do all they can to mitigate losses. Therefore, expect them to fight you, coming at you hard especially if you do not have the support or experience of legal experts.
When you come to us for help, our auto accident lawyers will ensure that you get the best legal advice. You will be working with professionals that understand your case’s worth as they prepare to face those responsible. The team handling your case will also conduct thorough investigations and collect the evidence needed to prevent claim denial. They are legal experts that understand the different dismissive tactics the insurance provider will use to switch the blame to you, lower the settlement, or delay or deny compensation.
What Are The Most Common Causes Of Motorcycle Accidents?
Motorcycle accidents are not uncommon in North Port, Florida. They might be a near-daily occurrence, but many of them are preventable and could be avoided. Some of the causes of such collisions in the greater Florida area include:
- Distracted driving where riders or vehicle drivers draw their attention to other things instead of being attentive to the road.
- Faulty function including failing brakes, lack of mirrors, or faulty lighting.
- Drivers and motorcyclists operating their machines while intoxicated.
- Pedestrians crossing the road unexpectedly without checking for oncoming traffic.
- Bad weather and poor road conditions.
- Lack of road signs and improper placement of the same.
What Are The motorcycle-specific Laws In Florida?
Florida State has rules and regulations in place meant to ensure there is sanity on the roads. All motorbike riders must adhere to these laws that dictate what the motorcyclist should have, the road safety rules to follow, and the structural integrity that qualifies the bike to be on the roads. The laws touch on the following:
Florida State laws stipulate that all riders should have their daytime headlights on at all times when riding, even in the middle of the day. But not using the headlights during the day as directed does not amount to an act of negligence. However, if such a decision resulted in an accident, the failure to have the daytime headlights on might be considered a show of negligence.
The Right To Full Use Of The Road
Florida State laws give motorbike riders the right to use the roads and highways. As a result, the riders are subject to the existing road rules. It means that every motorcyclist should adhere to the same traffic rules as other road users in Florida. Therefore, riders will be found guilty of a traffic offense when they weave through traffic, do not follow traffic lights and signs, fail to use signals before making a turn, among other requirements.
Firstly, riders must always have a helmet on when riding or do without, legally. They should have at least $10,000 medical insurance coverage, which is a mandatory cover if you want to ride without the helmet. The policy is optional if you will wear protective gear whenever you jump on your motorcycle.
Secondly, motorcyclists must have liability insurance of at least $200,000 that covers bodily injuries. It is a mandatory rule, meaning you should have the cover whether you wear protective gear or not.
The Helmet Law
According to the rules and regulations, all motorcyclists under 21 years must put on a helmet when riding. Conversely, riders over 21 years also must wear a helmet if they are not legally approved not to and are ready to foot the $10,000 medical cover.
All motorcyclists must have a valid driver’s license that endorses them to ride. The endorsements are based on taking and completing the necessary motorcycling training. You can apply for the motorcycle endorsement even if you do not have the standard driver’s license.
What Are The Most Common Injuries Seen In Motorcycle Accidents?
While motorbike accidents might differ, the resulting injuries may not, and so will the deaths. Since the rider and passenger are exposed, collisions or crashes often lead to bodily harm that are similar. Some of the common injuries associated with motorcycle accidents include:
With the legs being the lower parts of the body, they are prone to more injuries in a motorbike crash. Broken bones in the legs will require extensive treatment and a long recovery period. Moreover, the harm may result in permanent or temporary disabilities.
Landing on the asphalt after falling from a moving motorcycle can leave you with severe bruising, especially if you were not wearing protective gear. The abrasion might be treated and will heal, but leave you with traumatic scarring.
Head and Brain Injuries
Statistics from the NHTSA show that helmets save the lives of more than 1,000 riders involved in motorbike crashes annually. Nevertheless, a helmet is not a foolproof solution for preventing all head and brain injuries that tend to lead to permanent or temporary mental damage.
Spinal Cord Injuries
A ride can sustain significant spinal injuries and damage when they are ejected from their bike and hit the asphalt. The injuries can result in partial or complete paralysis leaving the victim entirely dependent on the assistance of others or machines.
How Is Fault Determined In A North Port Motorcycle Accident?
The North Port motorcycle accident lawyer handling your case will investigate the incident and collect enough evidence to build a winning formula. Determining fault will entail checking if the party responsible for the incident had a duty of care, if they breached the said duty of care, if the breach results in the accident and that you sustained the injuries in the incident.
However, with Florida being a comparative negligence state, the negligence or fault distribution is done among those responsible for the accident. For instance, if the driver shouldering the blame is 90% liable and the motorcycle accident victim is 10% at fault, then the compensation awarded to the victim is subject to a 10% reduction.
What Type Of Compensation Can I Receive For My Motorcycle Accident?
If you have been in a motorcycle accident and are seeking compensation, you should consider hiring an experienced and reputable attorney. We at Winters and Yonker here in North Port, Florida, are your best bet if you want to make sure you get fair compensation. We shall represent your rights and interests as we pursue the following:
The amount will cover your medical diagnosis, treatment, physical therapy, and recovery assistance costs. It also will cover lost wages and other losses that have a determinable monetary value.
It will cover losses you incurred that do not have a specific monetary value or this cannot be determined. Such issues include physical disfigurement (like lost limbs), paralysis, and others. While we know that pursuing the non-economic damages will be an uphill task, your attorney will be committed to ensuring the court understands the impact that these losses have in your life and why those responsible must be held accountable.
We also may pursue punitive damages if our investigation shows those at fault acted indifferently when causing the accident. It is a matter that will need the support of enough evidence and us leveraging every other resource available.
Hire Us To Get Dedicated Legal Representation
At Winters and Yonker, we are committed to helping our clients get justice when filing a motorcycle accident lawsuit. If you are searching for the best legal experts for your case, then call our personal injury firm today at (888) 373-7770 and you will be advised on the steps you should take in preparation for your claim case. We will not ask for payment until we help you win the maximum compensation.