Motorcycles are popular all over the world, but especially on the roads of Florida, where some cities boast the highest number of registered motorcycles in all of America. While there is no denying they are a fun mode of transport, they are also well known for their status as a dangerous vehicle. Their speed and ability to weave in and out of traffic make them an especially common source of maneuvers that put other drivers at risk and can easily lead to a serious accident case.
If you have been involved in a Bradenton motorcycle accident that was not your fault, you may be able to receive compensation. To stand the best chance at winning a fair amount of compensation in your settlement, you will need the assistance of one of our experienced Bradenton personal injury lawyers. Here at The Law Place, our staff has over 75 years of combined experience, and we are happy to offer all of our clients a free consultation at no obligation around the clock.
For free legal advice related to your Bradenton motorcycle accident, all you need to do is call our office. Our contact phone number is (941) 444-4444!
Why Do Motorcycle Accidents Occur?
Motorcycle accidents can occur due to a range of factors, with negligence on the part of both motorcycle riders and car drivers often contributing to these incidents. Our team of personal injury and accident lawyers has encountered numerous cases involving:
- Motorcycle riders failing to check for cars turning left, leading to collisions at intersections where visibility and right of way are crucial.
- Car drivers not noticing motorcycles while making left turns, a common cause of accidents due to the smaller profile of motorcycles.
- Both motorcycle riders and car drivers not exercising due care at intersections, resulting in accidents when either party drives straight through without proper caution.
- Negligent overtaking by motorcycle riders, encouraged by the motorcycle’s nimbleness, and car drivers overlooking motorcycles due to their smaller size during lane changes.
- Speeding by both parties, with motorcycles often involved due to their high-speed capabilities and cars because of driver impatience or recklessness.
- Sudden stops or braking, which can be particularly hazardous for motorcyclists who may have less time to react to a car’s abrupt stop.
- Operating vehicles under the influence of alcohol and/or drugs, impairing the ability to drive safely and increasing the risk of accidents.
- Riding or driving vehicles that are poorly maintained, leading to potential malfunctions and accidents on the road.
Motorcycle crashes frequently result from a combination of overconfident and negligent behaviors by both motorcyclists and car drivers. The dynamic nature of motorcycles, while offering agility and efficiency, also exposes riders to greater risks, especially when sharing the road with larger vehicles whose drivers may not always be aware of their presence.
Which Road Traffic Rules Apply Specifically to Motorcyclists in Bradenton, FL.
There are a number of road traffic rules that apply specifically to motorcycle riders, both to keep them and other road users around them safe.
For a full and comprehensive look at the rules of the roads in Florida, the State of Florida’s Driver’s Handbook is an excellent resource that details the rules of the road, specific license requirements, various information on signals and signage, and how to keep your specific vehicle safely roadworthy.
The specific rules and regulations that apply to every motorcyclist in Florida are as follows:
- Every motorcyclist utilizing the public roads of Florida must be in possession of either a specific motorcycle license or have a motorcycle endorsement added to their driver’s license.
- It is against the law for anybody under the age of 21 to operate a two-wheeled vehicle (such as a motorcycle or scooter) without wearing a helmet. For safety reasons, we also highly recommend anyone over this age wear a helmet due to the high rate of brain injuries involved in motorcycle crashes.
- Motorcyclists must be wearing some form of eye protection that has been pre-approved by the Florida Department of Transport guidelines.
- Personal injury insurance does not include their motorcycle, nor the actual bodies or motor vehicles of those around them. Therefore they must, by law, possess the right insurance coverage to cover third parties.
If motorcycle riders fail to comply with the above legal requirements, they are considered a negligent driver in line with Florida Statute 768.21.
Injuries Commonly Sustained by Those Involved in a Bradenton Motorcycle Accident
Motorcycle accidents can often be the source of catastrophic personal injury cases, especially as a negligent driver can easily cause a road accident involving multiple vehicles.
Injuries commonly seen by our team of Bradenton motorcycle accident attorneys include:
- Cuts, abrasions, lacerations, and road rash.
- Injuries to the back or spinal cord, which are particularly dangerous for their high probability of causing movement impairments or even complete paralysis.
- Broken, splintered, or fractured bones, which again can cause mobility impairments if they are serious enough.
- Internal injuries, such as ruptured organs or internal bleeding.
- Burns or scalds.
- Blunt force trauma to the head, which can lead to serious brain injuries and their resulting consequences of emotional, intellectual, or mobility-based disabilities.
While physical injuries can have life-altering consequences, so too can the mental impacts of suffering from a serious motorcycle crash.
Mental complications commonly seen by our Bradenton motorcycle accident lawyer team include:
- Anxiety, which can manifest itself either as generalized anxiety or acute anxiety surrounding roads or vehicle travel in general.
- Depression.
- A loss of enjoyment of life in general.
- Sleep issues, which range from night terrors to insomnia or frequently broken sleep.
- Post-traumatic stress disorder (PTSD).
Whether your personal injury claim is centered around physical injuries or mental health complications, or a combination of the two, your motorcycle accident attorney will fight for the compensation you deserve.
What Types of Damages Can Your Bradenton Motorcycle Accident Attorney Fight for You to Win?
Your motorcycle accident lawyers will be able to fight to get you compensation for several different types of damages. The damages that apply to your case will depend on what exactly happened, how you were injured and whether there were any permanent impacts on the rest of your life going forwards.
The most common types of damages awarded to motorcycle accident victims are:
- Property Damage – If your car was damaged when a negligent driver crashed their motorcycle into it, your attorney could help you seek compensation for the material damages.
- Medical Expenses – Sometimes, the actual physical injury isn’t the worst part of a motorcycle crash. Medical bills are a leading cause of bankruptcy in the US today. If you retain copies of the bills, your attorney can help you seek compensation.
- Lost Wages – If you had no option but to remain off work while you recovered from your injuries, compensation can also be sought for this. Your attorney will use copies of your correspondence with your employer as proof to the insurance company.
- Pain and Suffering – These damages are designed to put into economic terms to your emotional suffering, the length of your recovery process, the pain level involved, and whether your injuries left you with any long-term complications.
- Wrongful Death – If your loved one was fatally injured in a motorcycle crash, Florida Statute 768.21 allows you to seek compensation in a wrongful death claim. While no amount of money will make the process easier, the financial uncertainty that comes with this kind of change can often overwhelm someone at their lowest. Wrongful death claims take into account lost income, funeral expenses, and loss of consortium.
If you would like to know which of these damages applies to your case, schedule a free case evaluation with our experienced Bradenton motorcycle accident attorneys using the contact phone number at the bottom of this website.
How Does the Statute of Limitations Work for Motorcycle Accident Victims?
The statute of limitations describes the amount of time that can pass after any kind of accident before the accident victim is no longer able to make a claim for compensation. As of 2023, victims now have just two years to make a claim, which is a reduction from the previous four. This makes it even more imperative to speak to a Bradenton motorcycle accident attorney as soon as possible after an accident.
Comparative Fault in Florida Motorcycle Accidents
In light of the 2023 update to Florida law regarding motorcycle accidents, the rules surrounding comparative fault have undergone significant changes. Previously, the compensatory settlement a party could receive would be adjusted based on their percentage of fault in an accident, without a cap on the ability to recover damages as long as the plaintiff bore some degree of fault less than 100%.
Under the new legislation, the approach to determining compensation in motorcycle accidents has been modified to introduce a more stringent threshold. Now, a plaintiff is eligible to recover damages only if their degree of fault is determined to be 50% or less. This means that if a plaintiff is found to be more than 50% at fault for the accident, they are barred from recovering any damages from the defendant, marking a significant shift from the previous system.
This update places a greater emphasis on accurately establishing fault in motorcycle accidents. Given the small size of motorcycles and the perception of reckless driving associated with motorcyclists, determining fault can be complex. The new law underscores the importance of thorough investigation and evidence gathering to accurately assess each party’s level of fault.
If you find yourself involved in a motorcycle accident under this updated legal framework, the Bradenton motorcycle accident attorneys at our law firm are prepared to navigate these changes. Our team is committed to fighting for your rights, aiming to ensure that you are assigned the lowest percentage of blame possible, if any, and to maximize the compensation you can recover, within the constraints of the new law.
Dealing With Insurance Companies After Motorcycle Accidents
As some of you may know, insurance companies are not our friends, no matter how much they may pretend to be. In fact, it is the highest priority for the insurance company to reduce your total settlement potential, as it benefits them financially to do so.
They employ their own legal teams and claims adjusters to these ends. However, our team of Bradenton motorcycle accident lawyers knows exactly how to deal with them. We will assemble the strongest case possible for you utilizing all of the evidence and resources at our disposal.
There are also some things you can do. Ensure that when you disclose your accident to the insurance company, as you are obliged to do, usually within a period of 24 hours, give them minimal information. Anything unnecessarily disclosed may be used to lower your claim value. Additionally, you should never sign anything without your lawyer present.
Evidence plays a key part when it comes to overcoming the hindering efforts of your insurance company.
How Your Motorcycle Accident Lawyers Can Help Acquire Evidence to Build Your Case
As well as helping to collect and collate evidence in the usual ways, accident victims using The Law Place can benefit from the excellent long-term contacts our legal office works beside.
We have dedicated personal investigators who can help to acquire evidence that may otherwise be impossible to obtain. Amongst other things, they are particularly handy for tracking down driver eyewitnesses who could be key to your testimony.
We also have access to excellent car and motorcycle crash scene recreation teams. With their help, we can get an exact idea of what happened at the scene of your accident.
Important Evidence You Should Retain
There is some key evidence that will be out of the reach of our law firm. To stand the best chance at maximizing the compensation for your accident, you should:
- Thoroughly photograph the crash scene when it is safe to do so. This includes all vehicles, skid marks on the roads, damage to the surrounding scenery, and your injuries.
- Acquire all of the details of other crash participants and those who witnessed it. This should at least include their full name, insurance details, registration number, driver’s license number, and phone number.
- As well as retaining medical bills, you should also seek a copy of your full medical history. Insurance companies often try to pass of complications from your accident as pre-existing conditions.
- Photograph your injury at each stage in its healing process.
With all of this information, your accident lawyer will stand the best chance at maximizing the compensation you can expect for your injuries.
If you would like more information, advice, or a free case evaluation, call our Florida office using the contact telephone number at the top or bottom of this webpage.
How Much Will Your Case Cost?
The cost of your Florida motorcycle accident lawyer will depend on the specifics of your case. However, when you choose to be represented by our law firm, you benefit from our contingency work.
This means that your case will be entirely no-win-no-fee. The fees will only ever be subtracted from the final settlement for your injuries, damages, or complications. Should your case somehow be unsuccessful, the whole legal process will not cost you a cent.
No hidden fees or surprising extra costs are involved anywhere along the process. For further reassurance, all of our contingency work is continuously monitored by The State Bar Association.
Bradenton Motorcycle Accident FAQs
What should I do immediately after a motorcycle accident occurs in Bradenton?
If you’re involved in a motorcycle accident, prioritize your safety and health first. Call 911 to report the accident and seek medical attention immediately, even if you don’t think you’re seriously injured, as some injuries, like a traumatic brain injury or head injury, may not be immediately apparent. Document the accident scene with photos and gather contact information from witnesses. Then, contact a Bradenton motorcycle accident lawyer to discuss your next steps.
How can a Bradenton motorcycle accident lawyer help injured motorcyclists?
A Bradenton motorcycle accident lawyer can provide invaluable assistance to injured motorcyclists by evaluating their motorcycle accident case, gathering evidence, and negotiating with insurance companies. They have the knowledge of personal injury law to navigate the complexities of motorcycle accident claims and will work diligently to recover compensation for medical bills, lost wages, pain and suffering, and other damages.
What are common motorcycle accident injuries, and how can they affect my claim?
Motorcycle accident injuries often include road rash, fractures, spinal cord injuries, traumatic brain injuries, and other serious injuries. The severity of these injuries can significantly impact your motorcycle accident claim, increasing the amount of compensation you may be entitled to. An experienced motorcycle accident lawyer will ensure that all your injuries are documented and accounted for in your claim.
How is fault determined in motorcycle accident cases in Bradenton?
Fault in motorcycle accident cases is determined by examining evidence from the accident scene, witness statements, police reports, and sometimes, accident reconstruction experts. Florida’s personal injury law considers negligence and fault, which can affect the outcome of your claim. A skilled motorcycle accident lawyer can help establish the other party’s fault and defend against any allegations of your own negligence.
Can I recover compensation if I was partially at fault for the motorcycle accident?
Yes, under Florida law, you can still recover compensation in a motorcycle accident claim even if you were partially at fault, thanks to the comparative negligence rule. However, your compensation may be reduced by your percentage of fault and if you are found to be more than 50% at fault you will not be able to claim anything. A knowledgeable motorcycle accident lawyer can advise on how this rule applies to your case and work to maximize your recovery.
What types of compensation are available for a motorcycle accident victim in Bradenton?
A motorcycle accident victim may be eligible to recover compensation for medical expenses, lost income, pain and suffering, property damage, and more. In cases of severe or permanent injuries, compensation may also cover future medical care, rehabilitation costs, and loss of earning capacity. Discussing your specific situation with a Bradenton motorcycle accident lawyer is crucial to understanding the full range of compensation you might be entitled to.
Why is it important to hire a lawyer experienced in motorcycle accident cases?
Hiring a lawyer with experience in motorcycle accident cases is important because they understand the unique challenges and biases that motorcyclists face. They are familiar with the specific nature of motorcycle accident injuries, such as the increased risk of traumatic brain injury and serious head injuries, and can effectively communicate the impact of these injuries to insurance adjusters or juries.
Contact The Law Place Today
If you have been involved in a car crash, no matter how serious, which involved one or more motorcycle riders, you could be entitled to compensation. Don’t let medical bills or lost wages get the better of you, raise a no-win-no-fee case instead. We ensure that our fees are only subtracted from a successful client’s settlement fee once the legal process is entirely complete. We believe that nobody should experience risk when pursuing financial compensation for an accident that was not their fault.
The legal team here at The Law Place in Florida has over 75 years of experience dealing with motorcycle accidents. Our personal injury lawyers were specially chosen for their skill sets, tenacity, and empathy to ensure you stand the greatest chance of winning your case. To get started, give our office a call and arrange a free consultation.
Your free case evaluation will also be at no obligation, and your details will remain entirely confidential. What’s more, we ensure that our phone lines are operated 24 hours a day, 7 days a week.
For a free consultation with a member of our team, call (941) 444-4444.