Have you been involved in a Florida motorcycle accident? Are you aware that you have specific legal rights? In the state of Florida, you might be eligible for compensation in case you are injured in a motorcycle accident.
You should know that there are more than 500,000 registered motorcycles in Florida which makes it the 2nd highest state in the US. This also means that most deadly motorcycle crashes also happen in Florida. A motorcycle collision can lead to severe injuries, property damage, and in extreme cases, even death for accident victims.
Here at Winters and Yonker, our skilled team of Sun City Center motorcycle accident lawyers has helped many victims of motorcycle accidents recover fair financial compensation for their motorcycle accident injuries. Call our personal injury attorneys today at (888) 373-7770 to schedule a free initial consultation to discuss the details of your motorcycle accident claim.
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How Can a Motorcycle Accident Lawyer Help with My Compensation Claim?
First and foremost, you should know that motorcycle accident claims are much more challenging and complex as these accidents typically result in more severe injuries and this is why, insurance companies are likely to hotly contest liability in such claims. In many such cases, the injured rider is likely to rack up huge medical bills for treatment of their extensive injuries.
Recovery from severe injuries can take a lot of time which leads to a contested process when it comes to determining a fair compensation amount. More often than not, insurance companies contest the liability by putting the blame on the motorcycle rider as there are many prevalent negative stereotypes about motorcyclists.
Here at Winters and Yonker, our team of attorneys will help you win fair compensation for your injuries. Our attorneys have experience in dealing with many such cases. They know how to investigate the crash and gather the necessary evidence in order to build a strong legal claim.
We will also negotiate with the insurance company, on your behalf, and push back against the common tricks and traps used by insurance providers to minimize payouts. In case the insurance company does not make a fair settlement offer, we are prepared to take your claim to the court and help you get a favorable judgment.
What Are the Most Common Causes of Motorcycle Accidents?
While some motorcycle accidents happen due to the errors of motorcyclists but in many cases, the motorcyclist is not the one who is responsible for the accident. Some of the most common causes of motorcycle accidents include:
A motorcycle is much smaller as compared to other vehicles on the road and drivers who are distracted and not paying attention to the road might easily miss motorcyclists leading to dangerous lane changes or rear-ending a motorcyclist or running a motorcyclist off the road.
Drunk Driving or Drugged Driving
There is no denying that drunk drivers are dangerous for everyone on the road including motorcyclists. People who are impaired are unable to focus on the road and might crash into motorcyclists.
Sometimes, a motorcycle accident happens due to a defective part in the motorcycle causing the motorcyclist to lose control and crash.
If the conditions on the road are hazardous, these can be dangerous for motorcyclists as they find it difficult to navigate through uneven pavement, large cracks, or potholes.
Unexpected Pedestrians in the Road
Sometimes, drivers fail to notice pedestrians on the road when they suddenly appear in front of their vehicle causing the drivers to lose control and leading to motorcycle accidents.
What Are the Motorcycle Specific Laws in Florida?
Florida has the second-highest number of registered motorcycles in the country and this is why there are some specific motorcycle laws that every motorcyclist needs to follow. These lawyers are designed to keep the motorcyclist safe.
- In addition to having a driver’s license, motorcyclists also need to get a motorcycle endorsement to legally drive a 2 wheeled motorcycle in Florida.
- Motorcycle riders are required to use daytime headlights at all times.
- Florida is a no-fault state but it does not apply to motorcycles. If you are a motorcyclist and are involved in an accident with a four-wheel vehicle, you will need to prove the other driver is at fault in order to get compensation for loss of wages, medical bills, and property damage, among others. Many motorcyclists opt for uninsured motorist coverage to counter this.
- You are not required to wear a helmet while riding a motorcycle but only when you are above 21 years old and have at least $10,000 in medical insurance.
- Motorcyclists cannot wear earphones while driving though there are exceptions for hearing aids and other such gadgets.
- In the state of Florida, motorcycles need to have handlebars attached. The motorcycle also needs to have working stop lamps as well as signals.
- Motorcycles carrying passengers are required to have footrest for the driver as well as the passenger.
- Motorcyclists cannot modify the exhaust pipe of their motorcycles.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Most motorcycle accidents result in serious injuries as motorcyclists have almost no protection. While wearing a helmet is not required for all motorcyclists but life-altering injuries can happen even when wearing a helmet. Here is a list of some of the most common injuries seen in motorcycle accidents:
- Fractured collar bones
- Skull fractures
- Broken noses, jaws or cheekbones
- Leg fractures
- Internal organ injuries
- Internal hemorrhaging
- Soft tissue sprains
- Broken hands, wrists or arms
- Traumatic brain injuries
- Spinal cord injuries
- Road rash
How Is Fault Determined in a Sun City Center Motorcycle Accident?
Florida is a no-fault state. In case of motorcycle accidents, you might need to prove the other driver was at fault in order to receive compensation for your injuries. However, motorcyclists involved in accidents usually suffer serious injuries and the coverage of a typical no-fault policy is too low to meet the medical expenses.
In such cases, you might need to go to court to get full compensation. If your own insurance does not cover all the damages you have suffered, you might be able to make a claim on the insurance policy of the at-fault driver. The insurance company is going to decide who is at fault and might refuse to pay you. In such a situation, you might need to go to court.
Since you’re the victim, you need to prove that the other party was at fault for the accident. Such cases need to be approved by a preponderance of the evidence showing that your claim is more likely to be true than not. In such cases, the courts usually look at the totality of the circumstances in order to decide the fault. In simple terms, it means that the court is going to look at the overall circumstances when the accident happened.
A percentage of fault is typically assigned to all the parties involved in the crash by the jury. In case the at-fault driver is found to be 80% liable and the victim is found to be 20% liable, the at-fault driver is going to be responsible for paying 80% of the damages and the victim has to cover their own 20%.
It needs to be proven that the driver was negligent and was at fault and their negligence led to the accident causing injuries. If a driver is negligent but their negligence does not lead to the accident, they can’t be held responsible for the crash. In addition, the victim also needs to prove the damages they have suffered. These might include things such as pay stubs, hospital bills, bank statements, and other such records.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Different types of compensation might be awarded in case of a motorcycle accident claim. These damages can be categorized into economic, non-economic, and punitive damages.
This category includes the past, present, and future financial losses the victim has suffered due to the accident. It typically includes current and future medical expenses, cost of physical therapy, loss of wages, and diminished earning capacity among others.
These are subjective in nature and typically include emotional and physical pain and discomfort due to the accident. It is challenging to calculate these damages but monetary value is calculated based on similar cases.
If it is determined that the recklessness of the at-fault driver caused the accident leading to the victim getting injured, punitive damages might also be awarded but these are rarely seen in Sun City Center, Florida, in such cases.
Schedule a Free Consultation With a Sun City Center Motorcycle Accident Lawyer
Florida has the second-highest number of registered motorcycle drivers in the US and leads the country in motorcycle accident-related fatalities. In short, a lot of motorcycle accidents happen in Florida. Also, motorcycle accidents typically result in serious injuries. It can quickly get overwhelming for the victim when it comes to filing a claim without the right legal advice from an experienced Sun City Center motorcycle accident lawyer at Winters and Yonker.
This is why you should immediately get in touch with the personal injury firm of Winters and Yonker when you have been involved in a motorcycle accident. Call us now at (888) 373-7770 to schedule a free consultation and to discuss the details of your motorcycle accident case.