Florida’s warm weather, open highways, and beautiful sights could perhaps explain why you see many motorcyclists on the road every day. Motorcycles share roads with other vehicles, such as passenger vehicles and trucks. Riders are usually at risk of getting involved in an accident as most drivers don’t always pay attention to motorcycles while on the road.
While motorcycle and automobile traffic rules may differ, motorcyclists should observe all traffic rules to the letter. Similarly, other drivers should respect motorcyclists while on the road. Whenever motorcycle accidents happen, proving the liable party often becomes challenging due to the different rules that apply. Working with an experienced Ruskin motorcycle accident lawyer helps a motorcyclist understand their rights and helps prove that the other driver was at fault.
If you or a loved one has been injured in a motorcycle accident, you need a lawyer to help protect your right to seek compensation. At The Winters & Yonker Law Firm, our personal injury lawyers are experienced at representing motorcycle accident victims and helping them recover damages. Call us today at (888) 373-7770 to schedule a free initial consultation with our team and get to know your rights and legal options.
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How Can a Motorcycle Accident Lawyer Help with My Compensation Claim?
If you have been involved in a motorcycle accident in Ruskin, FL, it is imperative that you work with a lawyer as early as possible. A motorcycle accident lawyer will inform you of your rights so that you don’t have to speak to parties like the at-fault party’s insurance companies who may use any information you give them against you. Essentially, your lawyer will help you protect your rights throughout the claim process.
Your motorcycle accident attorney will also help you negotiate with the at-fault party’s insurance company so that you receive maximum compensation. Such lawyers have dealt with insurance companies for years and understand all the tricks they employ to undervalue or deny claims.
In the event that your case goes to court due to unsuccessful negotiations, your lawyer will help prepare your case and file a claim. They do so by collecting vital evidence such as witness statements, police reports, and medical reports to show that the other party was at fault for the accident.
Whenever your case goes to trial, your auto accident lawyer will represent you before a judge and put up a strong argument against the at-fault party so that you are awarded compensation for your injuries. We are familiar with the court procedures and proceedings and are able to present evidence and argue your case to convince a judge that you deserve compensation due to the other party’s negligence.
What are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents are largely avoidable and preventable. Some common causes of motorcycle accidents include:
Whenever a driver is on their phone or distracted by any other factor, they may not notice a motorcycle on the road and could easily crash into it.
Sometimes, other drivers on the road fail to pay full attention to motorcyclists on the road, including how they switch lanes, leading to motorcycle accidents.
Driving Under The Influence
Just like other auto accidents caused by drunk drivers, motorcycle accidents may also occur when the motorcyclist or another driver is under the influence of controlled substances.
Faulty Bike Parts
Faulty mirrors, brakes, or lighting may contribute to motorcycle accidents as drivers or motorcyclists may fail to see an approaching motorcycle or stop in time before getting into an accident.
Other common reasons include:
- Unexpected pedestrians on the road
- Reckless lane changes
- Car doors
- Lane splitting
- Sudden stops
- Road hazards
What are the Motorcycle-Specific Laws In Florida?
Florida has specific motorcycle rules covering a range of topics, including insurance requirements, helmet requirements, and road usage. Some of the motorcycle-specific rules in Florida include:
- Motorcyclists under the age of 21 must wear a helmet. Those over 21 years must also wear a helmet if they don’t carry at least $10,000 in medical coverage.
- Motorcyclists must also carry liability insurance as follows: $10,000 in property damage, at least $20,000 in total bodily injury insurance, and $30,000 as the single incident liability limit.
- To lawfully ride a motorcycle, it is compulsory that you have a motorcycle endorsement on your driver’s license.
- Florida law 316.405 requires that all Florida motorcyclists ride with the headlight on even during the day.
- Florida law 316.208 states that all road rules apply to motorcyclists as well. They are required to observe all traffic rules like other drivers.
- Florida law 316.209 indicates that other drivers should allow motorcyclists full use of a lane.
What are the Most Common Injuries Seen in Motorcycle Accidents?
Motorcycle accidents often lead to serious injuries as there is little between the motorcycle and the road, or the other car involved in a crash. Some common motorcycle accident injuries include:
- Broken bones
- Road rash
- Head and brain injuries
- Spinal Cord injuries
- Lower-extremity injuries
- Internal injuries
How is Fault Determined in a Ruskin Motorcycle Accident?
In Florida, the plaintiff bears the burden of proving that the other party acted negligently. To prove this, they have to prove the following elements:
- Legal duty to use due care. The plaintiff should prove that the defendant failed to conform with the given standard of conduct to protect others.
- Breach of that duty. Prove that the defendant failed to perform that duty.
- Causation. The plaintiff should prove that there was a close connection between the breach of duty of care and the resultant injury.
- Damage. The plaintiff should also prove that they suffered actual loss or damage due the accident.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Motorcycle accident victims can recover various types of damages, including economic, non-economic, and punitive damages. Economic damages compensate for actual monetary loss and include:
- Medical costs
- Lost wages
- Rehabilitation costs
- In-home care costs
- Property damage
Non-economic damages are meant to compensate for losses whose dollar value may not be calculated easily. They include:
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
- Permanent disability or disfigurement
In rare cases, a judge might award punitive damages to punish the at-fault party if their actions are deemed as gross negligence or wanton wrongdoing.
Schedule A Free Consultation With A Ruskin Motorcycle Accident Lawyer
Motorcycle accidents are common on Florida roads and victims often suffer life-altering injuries. Whenever these accidents occur due to the negligence of another driver, motorcyclists are entitled to seek compensation by filing a claim. Working with a Ruskin motorcycle accident lawyer helps you safeguard your right to seek compensation and also reduces the burden of going through the claim process by yourself.
Proving negligence in motorcycle accident cases can be particularly difficult, which is why you should seek the legal assistance of an experienced lawyer. At The Winters & Yonker Law Firm, our lawyers are conversant with the Florida motorcycle rules and will fight for you so that you receive your deserved compensation. If you have been injured in a motorcycle accident in Ruskin, Florida, call our personal injury firm today at (888) 373-7770 to speak to one of our motorcycle lawyers and start your claim process as soon as possible.