Compared to motorists, motorbike riders have very limited protection, and therefore, face significantly-more risks while on the road. But that doesn’t mean that riders don’t have a right to safely operate their motor-powered, two-wheeled machines on the road.
If you ride a motorbike and have been involved in an accident caused by a reckless driver, the Seffner motorcycle accident lawyers at Winters and Yonker can be of great assistance to you if you need professional legal representation and advice. Our team of personal injury lawyers is experienced and knowledgeable and can help you file a successful lawsuit against the individual(s) who caused the accident.
For more information on what we can do for you, call (888) 373-7770 now and schedule a no-obligation, free-of-charge consultation with one of our attorneys.
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How Can An Attorney Help My Motorcycle Accident Claim?
While you could always face the responsible party and their insurer and lawyers by yourself, handling such a case on your own, especially if you don’t have any legal background, can prove futile. As the victim, it’s worth keeping in mind that insurance companies are always out to ensure they mitigate losses and will, therefore, do everything they can to ensure they don’t pay any compensation or minimize the cost.
However, with an auto accident attorney by your side, your chances of getting the compensation that you deserve for your injuries increase ten-fold. Apart from providing you with professional and dependable legal advice, an attorney understands the laws that surround such cases; has experience preparing and filing personal injury claims; knows all the tricks insurance companies use and how to counter them, and is quite proficient at conducting investigations and collecting the evidence required to prevent case dismissal.
As such, having one counseling you and representing your interests in a court of law will increase your chances of getting the compensation that you deserve.
What Are Some Of The Most Common Causes Of Motorbike Accidents?
Motorbike accidents are quite common in Florida and happen almost daily. And while that’s the case, most accidents involving motorbikes are preventable and could have been avoided. Some of the top causes of motorbike accidents in Florida include:
- Faulty function including faulty lighting, failing brakes, or broken or missing side mirrors.
- Distracted driving where vehicle drivers or riders are focused on other things instead of paying attention to the road.
- Pedestrians or other road users crossing the road suddenly without checking for oncoming traffic.
- Lack of or improper placement of road signs.
- Bikers or motorists operating their machines while under the influence
- Inclement weather and poor/bad road conditions.
Are There Any Motorcycle-Specific Laws In Florida?
The state of Florida has in place several motorcycle use regulations and rules that are designed to govern how bikers use roads in the state. As a motorcycle rider, it’s important that you know these rules and follow them to ensure you always stay on the right side of the law. Here are some key laws that govern motorcycle use in Florida:
According to state laws, all bikers must have daytime headlights on their bikes and should be on whenever they are riding, day or night. However, it’s worth noting that not running the lights during the day is not considered an act of negligence. Nevertheless, if your decision not to turn the lights on resulted in a wreck, then a failure to have the lights on could be considered an act of negligence.
Riders Have The Right of Way
Riders in Florida have the right to use state highways and roads, which means they’re subject to existing road usage regulations and rules. As a result, anyone who rides a motorbike is not exempt from the state’s traffic rules. That means that any motorbike rider who’s found guilty of any traffic offense, such as not using turn signals, skipping a red light, weaving through traffic, or not following traffic signs, can be indicted.
In Florida, bikers can choose to ride with or without a helmet. However, if a biker prefers riding without a helmet, they are required to have a medical insurance cover worth at least $10,000. This policy is a must for those who prefer not wearing any protective gear whenever they jump on their bike and is optional for those who do wear protective gear.
Apart from that, anyone who rides a motorbike is required by law to have a liability insurance cover worth at least $200,000 – irrespective of whether they wear protective gear or not – that covers bodily injuries.
The Helmet Law
According to state laws, all riders under the age of 21 must have a helmet on every time they ride a motorbike. On the other hand, riders over the age of 21 are also required to wear a helmet if they are not yet approved to ride without one and can pay the $10,000 medical cover.
Anyone who operates a motorbike in Florida must have a valid driver’s license that authorizes them to ride. For one to get a motorcycle endorsement, they have to take and complete motorcycle training – you don’t need to have the normal driver’s license to apply for a motorbike endorsement.
What Are Common Injuries Caused By Motorcycle Accidents?
Even though each motorcycle accident is unique, the injuries most people suffer are quite similar. As the person riding the bike is exposed, crashes or collisions often have the same implications. Common injuries motorcycle riders involved in an accident suffer include?
As the rider’s entire body is exposed during an accident, it’s prone to suffering serious injuries during an accident. Broken bones in the hands, legs, and torso typically require extensive and expensive treatment and take a long to recover. It’s worth noting that some of the injuries suffered could result in temporary or permanent disabilities.
Spinal Cord Injuries
Riders are more susceptible to sustaining significant spinal damage and injuries when they’re ejected from their motorcycles and hit the ground. It is worth noting that some of these injuries could result in complete or partial paralysis leaving victims dependent on the assistance of machines or others
Head And Brain Injuries
According to the NHTSA, riders who wear helmets are more likely to survive a motorbike crash than those who don’t. Nevertheless, helmets aren’t a failproof solution to preventing brain and head injuries that often lead to temporary or permanent mental damage.
How’s Fault Determined in Seffner, Florida Motorcycle Accidents?
In most cases, the client’s attorney investigates the accident and collects the evidence needed to build a rock-solid case. Determining fault in such cases typically entails checking if the person who caused the accident had a duty of care if they intentionally breached it, and If the injury-causing accident was due to their breach of duty.
However, since Florida is a comparative negligence state, fault or negligence is distributed amongst those responsible for the crash. For example, if it’s ruled that the responsible party is 90% liable for the accident and the biker is 10%, then the amount the victim will be awarded as compensation is subject to a 10 percent reduction.
What Compensation Do Riders Receive in Motorcycle Accident Claims?
Some of the compensation victims of motorbike accidents receive include:
Covers costs related to treatment, physical therapy, medical diagnosis, recovery assistance, lost wages, and any other type of loss whose monetary value can be determined.
Covers losses the victim incurred that can’t be determined or don’t have a monetary value such as paralysis, physical disfigurement, and others. Though pursuing non-economic damages is a major undertaking, the motorcycle accident attorneys at Winters and Yonker will fight aggressively to ensure that those responsible are held accountable and that you are well compensated for your loss.
These are often pursued if initial investigations show that the responsible party acted indifferently, hence causing the accident. It’s a matter that’ll need the support of sufficient evidence and your attorneys leveraging all available resources.
Review Your Claim With Our Seffner Motorcycle Accident Lawyers
The attorneys at Winters and Yonker are professional legal experts committed to fighting for the rights of motorbike accident victims seeking justice for their injuries and damages. If you are thinking of filing a motorcycle accident claim and are searching for attorneys you can trust, then get in touch with us at Winters and Yonker by dialing (888) 373-7770 and schedule a free, no-obligation consultation with our motorcycle accident attorneys. Our personal injury firm is here to help guide you through this difficult period while ensuring justice is served.