After a Florida motorcycle accident, you may be entitled to compensation for your injuries and other damages. However, pursuing damages can be complex and overwhelming, especially when dealing with insurance companies and legal procedures.
That’s where Florida Accident Injury Attorneys come in. With their experience and expertise, they can guide you through the legal system and help you get the compensation you deserve.
Here, we’ll explore your rights to pursue damages after a Florida motorcycle accident and how an attorney can assist you.
Florida Motorcycle Accident Statistics
Florida is a popular destination for motorcycle enthusiasts, but unfortunately, it also has a high rate of motorcycle accidents.
According to the Florida Department of Highway Safety and Motor Vehicles, there were 8,896 motorcycle crashes in Florida in 2020, resulting in 7,903 injuries and 480 fatalities. This represents a significant increase from 2019 when there were 7,890 crashes, 6,811 injuries, and 550 fatalities.
These statistics highlight the importance of motorcycle safety and the need for riders to be vigilant on the roads. If you or someone you know has been involved in a motorcycle accident, it’s crucial to understand your legal rights and options for pursuing damages.
Why Motorcycle Accidents Are So Common in Florida
There are several reasons why motorcycle accidents are common in Florida, including:
- High traffic volume: Florida is a heavily populated state with a high traffic volume on its roads, which can increase the risk of motorcycle accidents.
- Year-round riding season: The warm and sunny weather in Florida allows for year-round motorcycle riding, leading to more motorcycles on the road and a higher risk of accidents.
- Inexperienced riders: Many motorcycle accidents in Florida involve inexperienced riders who may not have the proper training or skills to operate a motorcycle safely.
- Driver inattention: Drivers in Florida may be distracted or inattentive, which can increase the risk of motorcycle accidents.
- Road conditions: Poor road conditions, such as potholes, uneven pavement, or debris, can be especially dangerous for motorcycles, which are less stable and have less protection than other vehicles.
- Lack of helmet laws: Florida is one of a few states that does not have a universal helmet law, which means that some riders choose not to wear helmets, increasing the risk of serious injury or death in the event of an accident.
Overall, motorcycle accidents in Florida are a serious concern. Riders need to minimize their risk of accidents, such as wearing helmets, following traffic laws, and taking training courses.
Determining Fault After a Florida Motorcycle Accident
In Florida, fault is determined using a comparative negligence standard. This means that fault is assigned based on the degree of negligence of each party involved in the accident.
Each party’s percentage of fault is then used to determine their share of liability for damages. For example, if a motorcyclist is found to be 60% at fault for an accident and the other driver is 40% at fault, the motorcyclist would be responsible for 60% of the damages, and the other driver would be responsible for 40%.
Several factors are considered to determine fault in a motorcycle accident, such as the actions of each driver leading up to the accident, the road conditions, and any traffic violations.
Evidence such as witness testimony, police reports, and physical evidence can also be used to help establish fault. It’s important to note that fault can be a complex issue, and it’s recommended to seek the advice of an experienced attorney if you’ve been involved in a motorcycle accident.
Steps to File a Florida Motorcycle Accident Claim
After an accident, you must file a claim to receive compensation. Steps to take to protect your rights to this compensation include the following:
Seek Medical Attention
Your health and safety should be your top priority after an accident. Make sure to seek medical attention immediately, even if you don’t think you’ve been seriously injured.
Notify Your Insurance Company
You should report the accident to your insurance company as soon as possible. They will likely ask you to provide a statement about the accident and may send an adjuster to investigate.
Gather evidence: Collect as much information as possible about the accident, including photographs of the scene and any vehicles involved, witness contact information, and police reports.
Consult with an Attorney
It’s important to speak with an experienced attorney who can help you navigate the legal process and protect your rights. Your attorney can help you determine the value of your claim and negotiate with insurance companies on your behalf.
File a Claim
Once you’ve gathered all the necessary information, you can file a claim with the at-fault driver’s insurance company. Your attorney can help you with this process and ensure all required documents are submitted correctly.
Negotiate a Settlement
The insurance company may offer you a settlement, but it’s important to have your attorney review any offers before accepting them. Your attorney can negotiate with the insurance company to ensure you receive fair compensation for your injuries and other damages.
Filing a motorcycle accident claim in Florida can be complex and time-consuming. It’s important to have the support of an experienced attorney who can guide you through the process and protect your legal rights.
Damages Offered in a Motorcycle Accident Claim
After a motorcycle accident, you may be entitled to various damages. Damages are intended to compensate you for losses and expenses resulting from the accident, including:
- Medical expenses: This includes the cost of medical treatment, hospitalization, surgery, and other related expenses.
- Lost wages: If you’ve been unable to work due to your injuries, you may be entitled to compensation for lost income.
- Pain and suffering: This includes compensation for physical and emotional pain, suffering, and loss of enjoyment of life.
- Property damage: If your motorcycle or other personal property was damaged in the accident, you might be entitled to compensation for repairs or replacement.
- Wrongful death: If a loved one was killed in a motorcycle accident, you might be entitled to compensation for medical expenses, funeral expenses, lost income, and other damages.
The damages you may be entitled to will depend on the specific circumstances of your case. It’s important to work with an experienced attorney who can help you determine the value of your claim and negotiate with insurance companies on your behalf.
Contact a Motorcycle Accident Attorney for Help with Your Claim
If you’ve been involved in a motorcycle accident in Florida, it’s important to seek the guidance of an experienced attorney who can help you navigate the complex legal process of pursuing damages.
A motorcycle accident attorney can help you understand your rights, gather evidence, and negotiate with insurance companies on your behalf. With their expertise and knowledge, you can feel confident that your legal rights are protected and that you’ll receive fair compensation for your injuries and other damages.
Don’t hesitate to contact a Florida motorcycle accident attorney if you’ve been involved in an accident – they can help you get the justice you deserve.
