It does not take a St Petersburg motorcycle accident lawyer with many accident cases under his belt to inform you that Motorcycle accidents are dangerous. They kill people. There is absolutely nothing standing between the rider and the road. When a car or SUV hit a motorcycle, there is nothing to protect the rider other than a helmet. If you’re apart of a motorcycle accident, you don’t stand a chance against a car. A car is simply too big and powerful. If your body is impacted by a car, you are going to sustain serious injuries. You could suffer a broken neck or traumatic brain injury.
Either way, you’re going to need a St. Petersburg car accident lawyer that has motorcycle accident injury experience to help you at a time like this.
A lot of motorcycle accidents happen because car drivers don’t like to share the road. They don’t like sharing them with tractor-trailers and they don’t like sharing them with motorcycles. A lot of drivers are resentful of motorcycles.
They feel they speed, weave in and out of traffic, and cause unnecessary risks on the road. They may have a point. A lot of motorcycle drivers can be pretty reckless. However, this is no reason to excuse negligence on the part of the car driver. If a car driver is negligent and causes an accident, they need to be held accountable. Your St Petersburg motorcycle accident lawyer will try to prove this negligence.
Table of Contents
How Can a Motorcycle Accident Lawyer Help?
If you’ve been in a motorcycle accident, you know how dangerous they can be. You will end up with pretty serious injuries. You will probably be out of work for quite some time. There could be a long road to recovery. It’s important that you have a motorcycle accident lawyer to help you deal with the legal side of things. He can deal with the insurance companies and attorneys.
The first thing a motorcycle accident lawyer is going to tell you is to always seek medical attention after an accident.
Even if you think the injuries aren’t that bad, you still need to go to the hospital. The doctors can check you out to make sure you don’t have internal injuries. The hospital will also provide medical documentation to prove you suffered injuries. This will come in handy if your motorcycle accident lawyer needs to file suit later on. Some of the injuries you may experience include:
Traumatic Brain Injuries
This type of injury occurs when you suffer a severe blow to the head. A traumatic brain injury (TBI) can be life-threatening. It can also change your life forever. You may end up paralyzed or unable to work ever again. Some of the symptoms of a TBI include:
- Memory loss
- Vision loss
- Hearing damage
- Permanent disability
TBI often require surgery. You will be in hospital for quite some time. You’ll have to go to physical therapy and occupational therapy for a while.
Back injuries are common with motorcycle accidents. You can imagine how your back can get hurt if you get flung from your bike. You may land on the side of the road or you may get run over by another vehicle. This can lead to significant back injuries. Back injuries often require surgery and long-term physical therapy.
You have to remember – there is nothing standing between you and the road. If you’re hit by a car, you will probably get thrown from your motorcycle. You may end up getting dragged several feet. This can cause all sorts of injuries to your back. Make sure you seek medical treatment so your attorney can prove your injuries.
Whiplash is very common with accidents in general. With a motorcycle accident, you can suffer even more serious neck injuries. You may break your neck. This can lead to partial or total paralysis. It all depends on where the break occurs. You could suffer muscle or tendon tears. You’ll need to get the necessary tests at the hospital to make sure you’re okay.
Burn injuries are more common with motorcycle accidents than other types of accidents. If your body is thrown from the bike, you may end up with a road burn all over your body. Or, your bike may catch on fire upon impact. If this is the case, you could end up with second or third-degree burns. These burns will probably affect all exposed parts of your body. Even if you’re wearing protective clothing, there will be parts of your body uncovered.
Your motorcycle accident lawyer is going to work hard to get you the compensation for your injuries.
An Experienced St Petersburg Motorcycle Accident Lawyer Will Get You the Compensation You Deserve
Motorcycle accidents happen for all sorts of reasons. Some are caused by speeding. Or perhaps the car driver just didn’t see your motorcycle on the road. Because motorcycles are smaller, there are times when they are missed by other motorists. Your St Petersburg motorcycle accident lawyer will have to prove that the other driver was negligent. In order to do this, he has to prove all four (4) elements of negligence. These elements are:
- The other driver owed you a certain duty of care
- They breached this duty
- This breach caused the accident
- You were injured as a result
Proving negligence can be more difficult than you may imagine. This is especially true with motorcycle accidents. People tend to think of motorcycle riders as reckless. They are seen as rogues who don’t pay attention to the rules of the road. Whether or not this is fair isn’t important. It is what it is. Your motorcycle accident lawyer will have to overcome this bias. Regardless of what people think about motorcycle riders, other drivers still owe you a duty of care.
Proving that the other driver was the one to breach the duty of care can be difficult. There is very rarely videotape proof of how the accident happened. The car may have a dashcam. If this is the case, your motorcycle accident attorney will have to subpoena the defendant to get a copy of the dashcam video. Your motorcycle accident lawyer will have to find other ways to prove that the defendant was negligent. He can do this in many ways, including:
- Get testimony from eyewitnesses who saw the accident
- Get a sworn affidavit from you about how the accident happened
- Subpoena all recordings from possible cameras including the other driver’s dashcam
- Review the other driver’s accident and driving records
- Have experts recreate the accident using pictures and the accident report
You may think that you could do this yourself. However, it is a lot easier said than done. Tracking down eyewitnesses and convincing them to make a statement is hard. A lot of people are reluctant to get involved. Getting copies of another driver’s dashcam isn’t easy. They’re not going to just offer it to you. You would have to figure out how to get a subpoena, how to serve it and how to enforce it. You’re much better off just letting an experienced motorcycle accident attorney do this for you.
Lastly, your St Petersburg motorcycle accident lawyer has to prove that your injuries were caused by the accident. This is why it’s important that you seek medical treatment right away. You want to have documentation that you suffered injuries at the time of the accident. You don’t want the defendant to claim that you got hurt at some point after the accident.
What Kind of Damages Can Your Lawyer Demand?
If you’re hurt in a motorcycle accident, you are going to suffer damages. The two types of damage are economic damages and non-economic damages. You can measure economic damages in dollars and cents. Your St Petersburg motorcycle accident lawyer should be able to prove these damages pretty easily. Economic damages include:
- Lost wages
- Medical bills
- Property damage
- Lost future earnings
The other type is non-economic damages. These damages include intangibles. These are things that aren’t obvious to the average person. They are also hard to measure. They include:
- Pain and Suffering
- Loss of consortium
Your St Petersburg motorcycle accident lawyer will submit evidence to prove that you suffered each type of damages. We will look at each type of damages in more detail here.
Let a St Petersburg Motorcycle Accident Lawyer Get You the Compensation You Deserve
If you’re in a motorcycle accident, your motorcycle accident attorney will demand that you are compensated for your damages. These damages include the following:
All motorcycle accidents lead to injuries. Most of these tend to be more serious. If you miss time from work, you are entitled to be compensated for it. It’s important to give your attorney pay stubs and timesheets to prove you missed time. If you have to use personal time or vacation time to cover some of this, let your motorcycle accident attorney know.
It’s important that you keep receipts of all your medical bills. This will include things such as:
- Emergency room visit
- Ambulance transport
- Medications and prescriptions
- Co-pays for doctor’s visits
- Tests such as x-rays, MRIs, and CT scans
- Medical equipment (such as a wheelchair, hospital bed, crutches, etc.)
If your motorcycle is damaged or destroyed in the accident, your motorcycle accident lawyer will demand that you be compensated for it. Even if you just need repairs done on your bike, you shouldn’t have to pay for this. If you had to pay for a rental car, keep receipts. If you have to pay a deductible to fix your bike, keep receipts for that too. Your lawyer is going to put a claim in for all of your property damage.
Lost Future Earnings
A lot of people who are in a motorcycle accident suffer permanent injuries. You may never be able to work again. If this is the case, you are should get future lost wages. The way you would calculate it is simple:
- Look at how much you earned before the accident
- Find out the difference between this amount and the amount paid by disability
- Determine how many more years you would have worked
- Multiply the years you would have worked by the difference in income
- Account for inflation
Your motorcycle accident attorney knows how to calculate these damages. Let him do the math for you.
Pain and Suffering
We mentioned the pain and suffering above. It is a type of non-economic damages. You can’t point to a figure and say, “This equals my pain and suffering.” In order to determine pain and suffering, you have to look at several factors, including:
- How much pain are you in?
- Are there activities you can no longer enjoy because of your injuries
- Are you able to enjoy relations with your spouse?
- Did you play sports before the accident that you can’t play now?
- Are you unable to interact with your family the way you used to?
Florida is a state that lets you demand pain and suffering. Pain and suffering are exactly what it sounds like – compensation for the pain and suffering you experienced due to an accident. Your St Petersburg motorcycle accident lawyer is going to demand that you be compensated for your troubles.
Loss of Consortium
If you lose a loved one in a motorcycle accident, your motorcycle accident attorney can demand that you be compensated for the loss of consortium. This is essentially the loss of a loved one’s company and intimate relations. If you are no longer able to perform sexually, your loved one is entitled to compensation for this loss.
Contact a St Petersburg Motorcycle Accident Lawyer Today
If you’ve been hurt in a motorcycle accident, contact an attorney immediately. You can schedule your free initial consultation. This gives you a chance to ask any questions or concerns you may have. You can bet the other driver will have a lawyer. This is why it’s important that you have a motorcycle accident attorney in St. Petersburg by your side. Whether you’ve had a pedestrian vs car accident injury and need a pedestrian accident lawyer, or you need a motorcycle accident attorney, Winters and Yonker can help. The initial consultation is free and you pay nothing until you win your case.