Motorcycle accidents can be terrifying and life-changing. Unfortunately, they are not uncommon in Wesley Chapel, FL. Motorcyclists are more vulnerable on the road than other motorists, and their injuries can be severe.
If you have been involved in a motorcycle accident, you may be able to recover compensation for your damages. Let us help you. Call Winters & Yonker Personal Injury Lawyers to schedule a free consultation with an experienced Wesley Chapel motorcycle accident lawyer at (813) 223-6200.
How Winters & Yonker Personal Injury Lawyers Can Help You Recover Damages After an Accident in Wesley Chapel
Motorcycle accidents are devastating; it’s understandable that you would feel overwhelmed and confused in such an unfortunate situation. That’s why it’s essential to have a Wesley Chapel personal injury lawyer to help you. If you’ve been involved in an accident in Wesley Chapel, Florida, here’s how we can help you:
- We will take the time to listen to your story and understand what happened. This allows us to build a strong case based on your circumstances.
- Once we’ve listened to your story, we will investigate the accident thoroughly. We collect evidence, including eyewitness accounts, police reports, and medical data.
- Based on our investigation, we will determine who was liable for the accident. Establishing liability is essential because it helps us understand who to hold accountable and who should compensate you for your losses.
- Once we’ve established liability, we begin negotiating with the insurance company. Our attorneys are excellent negotiators who will fight tirelessly to ensure that you receive the amount you deserve.
Contact Winters & Yonker Personal Injury Lawyers today to schedule a free consultation if you’re ready to get started.
How Common Are Motorcycle Accidents in Wesley Chapel, Florida?
Motorcycle accidents are a major issue in the United States, and Florida is no exception. The number of yearly motorcycle fatalities in Florida has more than doubled in the last 20 years.
Although there has been a decline since 2015, motorcycle fatalities remain elevated, averaging 550 per year from 2016-2021.
In Florida, motorcycles account for only 3% of registered vehicles and less than 1% of vehicle miles driven. Despite these low figures, motorcycles are involved in a disproportionate number of fatal crashes. Motorcycle fatalities represent nearly 17% of all traffic crash deaths in Florida during the most recent five-year period.
What Is My Wesley Chapel Motorcycle Accident Case Worth?
The value of a motorcycle accident case varies widely depending on several factors, including the following:
Liability
One of the most significant factors is liability – who caused the accident? If the accident was entirely the other driver’s fault, then you have a stronger case to claim damages. However, if you were partially at fault, your settlement amount may be reduced or even eliminated.
The Severity of Injuries
Another critical factor that influences the value of a motorcycle accident claim is the severity of your injuries. The more serious and enduring your injuries, the greater the value of your claim. Compensation may cover medical costs, lost income, and any lasting harm caused by the accident.
Insurance Coverage
Insurance coverage is also another critical factor that contributes to the value of a motorcycle accident claim. Your attorney can negotiate with the at-fault party’s insurance coverage to try to get you a fair settlement to cover your losses.
What Kind of Damages Are Available to Accident Victims in Wesley Chapel Personal Injury Cases?
In Florida, motor vehicles with four wheels are governed by no-fault laws, which means they go through their own insurance coverage first – mandatory personal injury protection (PIP) coverage – no matter who was at fault for the accident.
However, motorcycles are different, and riders are not required to have personal injury protection (PIP). This means they must try to obtain compensation through bodily injury liability coverage of the at-fault driver, which many drivers don’t have. You can also file a claim against your own insurance if you have uninsured or underinsured coverage.
Finally, if you can’t recover compensation in any of these ways, you may be required to file a lawsuit against the at-fault party. If you do this successfully, you can recover the following types of compensation:
Economic Damages
Economic damages are tangible and measurable losses that directly result from the accident. The expense of medical treatment is one of the most substantial economic losses that a victim of a motorbike accident can claim.
This includes both past and future medical expenses like hospitalization, surgery, medication, and rehabilitation.
If the victim suffers a permanent physical disability, they may also claim compensation for ongoing medical needs and adaptive equipment, such as wheelchairs, prosthetics, and home modifications.
Another significant economic damage is lost wages and earning capacity. If the victim is unable to work due to their injuries, they may claim compensation for their lost wages, including future earnings.
Non-Economic Damages
In addition to economic damages, a victim may also claim non-economic damages, which can include pain and suffering and emotional distress. This can include symptoms such as depression, anxiety, PTSD, and loss of enjoyment of life.
Can I Recover Compensation if I’m Being Blamed for a Motorcycle Accident in Florida?
In Florida, victims of motorcycle accidents can be compensated for their injuries even if they were partially at fault for the accident, but the state’s negligence laws can make the process confusing. Understanding the state’s modified comparative negligence laws is critical when seeking compensation for your losses.
Modified Comparative Negligence in Florida Motorcycle Accident Cases
After a recent change in the law, Florida now follows a modified comparative negligence doctrine with a 51% recovery bar.
Under this law, you can recover reduced damages so long as you share 50% or less of the blame. However, your damages can be reduced based on you shared responsibility. For instance, sharing 15% of the blame means your damages award can be reduced by 15%.
How Do I Prove Negligence After a Motorcycle Accident in Wesley Chapel, Florida?
Proving negligence is essential to getting compensation for your damages. This entails proving the following four elements:
Duty of Care
You must show that the other driver had a legal duty to drive safely and avoid causing harm to others. Every driver on the road has a duty of care to operate their vehicle safely and obey traffic laws.
Breach of Duty
You must prove that the other driver failed to meet their duty of care. For example, if the other driver was texting while driving, they breached their duty of care to drive safely.
Causation
You must also show that the other driver’s breach of duty caused your injuries. In other words, if the other driver had not breached their duty of care, you would not have been injured.
Damages
The fourth and final element you need to prove is damages. This means you need to show that you suffered actual damages as a result of the accident. You can prove this element by presenting bills, receipts, and other evidence of your economic and noneconomic losses.
How Long Do I Have To File a Lawsuit After a Motorcycle Accident in Florida?
In Florida, the statute of limitations for filing a personal injury claim changes depending on the date of the accident.
For accidents that occurred before March 24, 2023, the statute of limitations is four years from the date of the accident.
For accidents that occurred after March 24, 2023, the statute of limitations is reduced to two years.
Failing to file a claim within the appropriate time limit can result in the loss of the victim’s right to recover damages. However, there are exceptions to these deadlines in some cases. Contact our Wesley Chapel personal injury lawyers for help determining when you need to file your claim.
Contact Our Wesley Chapel Motorcycle Accident Attorneys for a Free Consultation
If you are a victim of a motorcycle accident in Wesley Chapel, Florida, you need an experienced attorney who understands the state’s negligence laws and knows how to protect your rights.
A trusted Wesley Chapel motorcycle accident attorney can help you navigate the legal system, gather crucial evidence for your case, and negotiate If you were in a motorcycle accident in Wesley Chapel, FL, you may be entitled to compensation. Winters & Yonker Personal Injury Lawyers can help.
