Motorcycle accidents can be particularly devastating. Unlike the occupant of a truck or car, a motorcyclist doesn’t have the structural protections offered to both drivers and passengers in these vehicles.
If you or a loved one are ever the victims of a motorcycle accident, you can file a personal injury lawsuit against the at-fault party. The experienced Safety Harbor motorcycle accident lawyers at Winters & Yonker will help you fight for the compensation you are rightfully entitled to.
Our personal injury lawyers have years of experience negotiating settlements for clients as well as advocating for their rights in court. To discuss your motorcycle accident case with one of our competent attorneys, call us today at (888) 373-7770 or complete the online form for a free, no-obligation consultation.
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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 Safety Harbor, Florida, the legal team at Winters & Yonker can help with your compensation claim in the following ways:
- Investigating the accident
- Gathering evidence
- Determining liability
- Evaluating expenses related to the accident
- Contacting the insurance companies on your behalf
- Negotiating a fair settlement with insurance providers
- Representing you in court if your claim finds its way to trial
What Are the Most Common Causes of Motorcycle Accidents?
The vast majority of motorcycle accidents are both preventable and avoidable. Here are some of the common causes of motorcycle accidents:
Motorcycles tend to be more difficult to see on the road than other types of vehicles. Drivers that fail to pay enough attention to the road and surrounding traffic can easily miss motorcyclists around them thus leading to running motorcyclists off the road, rear-ending motorcycles, and other kinds of accidents.
Failure to Pay Attention to Motorcycles
Drivers of all kinds of vehicles are legally obligated to follow the traffic laws, including lane-changing procedures, speed limits, yield rules, and more. If drivers violate the law by failing to pay attention, they can crash into motorcycles.
Faulty Brakes, Mirrors, or Lighting
Motorcycle accidents are not always the fault of another driver, but rather of the manufacturer of the motorcycle or some of its parts. If one of the important parts of a motorcycle is defective, a motorcyclist can easily lose control and crash.
Drunk or Drugged Driving
Drunk or drugged drivers are a danger to all road users, including motorcyclists. Impaired drivers cannot fully focus on the road to notice motorcycles in their path and may end up crashing into those motorcycles.
What Are the Motorcycle-Specific Laws in Florida?
Here are some of the motorcycle-specific laws in Florida:
- If you are under the age of 21 you must wear a helmet while riding a motorcycle.
- If you are over the age of 21, you are allowed to ride a motorcycle without wearing a helmet as long as you have a $10,000 medical insurance policy covering you for injuries that may result from a motorcycle accident.
- Motorcycle operators are required to have either a motorcycle endorsement on their driver’s license or a “Motorcycle Only” license.
- All motorcycles are required to have license plates. Motorcycles registered to riders under the age of 21 must have a plate of a different design and color.
- Motorcyclists are required to wear goggles and other eye protection approved by the Department of Transportation.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Here are some of the most common injuries from motorcycle accidents:
- Spinal Cord Injuries
- Road Rash
- Skull Fractures
- Traumatic Brain Injuries
- Soft Tissue Tears, Strains, and Sprains
- Internal hemorrhaging
- Internal Organ Injuries
How Is Fault Determined in Safety Harbor, Florida Motorcycle Accidents?
If you are involved in a motorcycle accident in Florida, the fault is determined just like any other negligence case. Simply put, if the accident was the result of another party’s negligence or carelessness, you must prove the following four things:
- The driver owed you a duty of care. All drivers are expected to practice safe driving and obey traffic laws whenever they get behind the wheel.
- The driver breached the duty of care. For instance, if the driver failed to yield to your right of way thus leading to an accident, he/she will have breached their duty of care.
- The breach of duty of care caused you to be injured. The driver’s actions in the example above caused you to be injured.
- The result was you sustaining injuries that entitle you to damages.
If all the four elements above are met, you will likely have grounds for a personal injury lawsuit against the negligent driver.
What Type of Compensation Can You Receive for My Motorcycle Accident?
Victims of motorcycle accidents may be awarded three types of damages.
Special or economic damages refer to the financial losses incurred due to the motorcycle accident. Economic damages are generally easier to calculate since they are usually based on the exact dollar amounts that you have either lost or continue to pay over time. Examples include:
- Past, current, and future medical expenses
- Property damage
- Lost income
- Reduced earning capacity
- Out-of-pocket costs
The non-economic damages, on the other hand, are the more subjective losses, which cannot be easily calculated, but still have monetary value based on similar cases in the past. Examples of non-economic damages include:
- Loss of consortium
- Mental anguish
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
Punitive Damages are intended to punish the at-fault party. However, they are hardly ever awarded in Florida personal injury cases. The defendant’s actions must be malicious, reckless, willful, or wanton for a case to qualify for punitive damages. Even then, they are capped at a maximum of $500,000 or 2 times the economic damages, whichever is greater.
Contact Our Experienced Safety Harbor Motorcycle Accident Lawyers
Motorcycle accidents often cause serious injuries. Victims may be faced with a long recovery time, medical costs, and possibly a permanent disability. If you have been injured in a motorcycle accident due to someone’s negligence, you can file a claim to recover compensation for the damages suffered.
At Winters & Yonker, our experienced motorcycle accident attorneys will be happy to discuss your legal options with you. Contact our Florida accident law firm today at (888) 373-7770 or use the online form to schedule your free initial no-obligation consultation.