Most motorcycle riders would agree that Florida is an ideal place to go for a drive. The beautiful views and scenic routes attract many motorcyclists every year. Unfortunately, this can also lead to an increase in motorcycle accidents. The Florida Department of Highway Safety and Motor Vehicles (FHSMV) has reported that there are over 400,000 motor vehicle accidents every year in Florida. Unfortunately, over half of these result in victims suffering serious injuries requiring them to visit the hospital. The FHSMV has also reported that 300 of these yearly motor vehicle accidents will result in accident victims losing their lives.
A motorcycle changing lanes unsafely is one major cause of road accidents in North Port, Florida. Often, drivers are able to escape the scene unscathed. However, this is not always the case. If you or a loved one has been the innocent victim of an auto accident caused by a motorcycle changing lanes unsafely, you should contact a motorcycle accident attorney at The Law Place today. We have a team of highly experienced motorcycle accident attorneys who have helped countless clients receive compensation for their motorcycle accident injuries. Call us today to schedule your free consultation with a motorcycle accident lawyer at (941) 444-4444. Phone lines are open 24/7.
Should I Get a Personal Injury Lawyer for a Motorcycle Accident Claim?
Whether you decide to hire a North Port personal injury lawyer or not following your motorcycle crash is a decision that is completely up to you. However, it is important to know that the decision you make can have great financial consequences.
Some victims of vehicle accidents will file their motorcycle injury claim alone, without the help of personal injury attorneys. They are well within their legal rights to do that, and often they will receive some form of compensation. However, without the help of an experienced Florida motorcycle accident lawyer fighting their corner, they rarely achieve the maximum amount of compensation that they are owed. Some reasons why we would strongly advise victims of motorcycle accidents to seek the representation of motorcycle accident lawyers are:
- Insurance companies denying your claim – Insurance companies are businesses that work to make a profit, and this will mean that they won’t pay every claim that they are faced with. Sometimes, the threat of legal action is the only way to win the compensation you deserve.
- An insurance company will pressure you into accepting a low-ball offer – Unfortunately, they sometimes will immediately offer you an attractive settlement offer in the hope that you accept. By accepting their initial offer, you waive your right to filing a lawsuit and are prevented from getting the compensation you truly deserve.
An insurance company may even claim that your injuries were not caused by your motorcycle accident. There are many more reasons why hiring a motorcycle accident attorney can be so important for your injury claim. If you think you may be able to file a claim and have questions you need answers to, don’t hesitate to give our law firm a call today for some free legal advice. Let us defend your claim from insurance companies and their tricks.
What Is the Average Payout for Florida Motorcycle Accidents?
Every motorcycle accident case in Florida is different, and therefore there is no such thing as an “average payout.” Several factors can determine how much compensation you could receive for your motorcycle accident injuries. These include:
- The insurance policy of the at-fault driver riding a motorcycle.
- Your own insurance policy.
- The severity of your motorcycle injury.
- The severity of property damage sustained.
If you have suffered injuries in a motorcycle accident, you should contact one of our accident lawyers at The Law Place. In a free consultation, a motorcycle accident attorney will be able to briefly examine your claim to give you a rough idea of the kind of payout you could expect to receive. If you decide to hire an attorney, you will then be able to discuss your claim in more detail to gain a more accurate estimation of the payout you would be eligible to claim.
Who Is at Fault in Most Motorcycle Accidents?
Often, car drivers are held responsible for motorcycle crashes. However, the actions of all parties involved are considered when determining who is at fault. In an unsafe lane change accident, the fault will usually be placed on the party who committed the unsafe lane change.
In court, who is at fault is usually calculated based on the arguments put forward by attorneys, using the evidence they have gathered in their investigations. A motorcycle typically poses less of a threat to road users than passenger vehicles, and a court will usually consider this.
Regardless of who you think is at fault for your accident in North Port, we would strongly recommend that you speak to an accident lawyer and receive some legal advice as soon as possible. Our team will examine your injury claim in great detail to determine fault in your accident and prevent you from sharing any of the blame wherever possible.
Why Do Drivers Make Unsafe Lane Changes in North Port?
There are many reasons why drivers will make unsafe lane changes in North Port. Most of the time, these occur because of a driver being reckless and negligent. Many accidents are caused in North Port because of unsafe lane changes. These can occur for the following reasons:
- Driving under the influence (DUI) – It is against the law to operate a vehicle whilst under the influence of alcohol and/ or drugs. Florida Statute 316.193 outlines the penalties that can be awarded to those who break this law. Unfortunately, many drivers fail to follow these laws, and their recklessness can result in accidents.
- Distracted driving – This is a common cause for unsafe lane change accidents. It is very easy for drivers to be distracted today due to their cell phones, gadgets on their vehicles, food, and much more.
- Negligent or reckless driving – Motorcycle and car accidents also typically occur because of the overconfidence or frustrations of a driver. Sometimes, drivers will change lanes unsafely with little thought or consideration to the dangers that they are putting over road users in.
There are plenty more reasons why drivers make unsafe lane changes, such as poor visibility, fatigue, driver misjudgment, and more. No matter the cause of the unsafe lane change in your accident, if you have suffered injuries through no fault of your own, you could be entitled to compensation.
What Are the Common Injuries Sustained in Motorcycle Crashes?
A motorcycle crash can result in victims suffering a variety of injuries. The injuries suffered by motorcyclists tend to be more severe than those injuries suffered by car users, as they are much more vulnerable. Motorcyclists lack the same kind of protection and safety features offered to those in cars.
Some of the common injuries that are suffered in motor vehicle crashes are:
- Spinal cord injuries.
- Traumatic brain or head injuries.
- Neck injuries.
- Fractures and broken bones.
- Back injuries.
- Internal organ injuries.
- Sprains, cuts, burns, bruises, and lacerations.
- Wrongful death.
Motorcycle accident lawyers at our law firm can help victims receive compensation for many different damages. We appreciate that an accident of this nature can be hugely traumatic. You may have suffered lost wages, a great deal of emotional distress, or pain and suffering. We strongly recommend that you seek the help of a lawyer to protect your rights in North Port and help you win all the damages that you deserve. Contact our office for a free case evaluation today to discuss how we can help you cover the costs of your medical care and much more.
Damages You Can Claim After a Motorcycle Accident
When involved in a motorcycle accident, the physical, emotional, and financial toll can be substantial. Understanding the types of damages you can claim is crucial to ensuring that you receive the compensation you deserve to aid in your recovery process.
Medical Expenses
One of the immediate and often significant concerns following a motorcycle accident is the cost of medical treatment. Whether it’s emergency care, hospitalization, surgery, physical therapy, or prescription medications, the expenses can mount quickly. Victims can claim costs for current medical bills and, in many cases, anticipated future treatments connected to the accident’s injuries.
Lost Wages and Earning Capacity
Motorcycle accidents often lead to missed work days, either due to hospital stays, recovery, or medical appointments. You can claim compensation for the wages lost during this period. Moreover, if the accident results in a disability or a lasting injury that diminishes your ability to earn as you did before, you can seek damages for the loss of future earning capacity.
Pain and Suffering
Beyond tangible costs, a motorcycle accident victim undergoes physical pain and emotional suffering. This includes not just the immediate pain post-accident but also the prolonged discomfort or agony that may persist. While it’s challenging to put a precise dollar amount on such experiences, the law recognizes the need to compensate for this genuine, albeit intangible, damage.
Property Damage
Motorcycles, gear, and personal items can get significantly damaged in an accident. You’re entitled to seek compensation for repairs or replacements of your bike and other affected personal properties. This claim can address anything from minor damages to total losses.
Loss of Consortium
In situations where the motorcycle accident has profoundly affected the relationship between the victim and their spouse, a loss of consortium may be claimed. This compensates for the loss of companionship, affection, and other relational comforts that might be affected post-accident.
Emotional Distress
Motorcycle accidents can leave lasting psychological scars. Victims might suffer from post-traumatic stress disorder, anxiety, depression, or other mental health issues arising from the traumatic incident. Damages for emotional distress compensate for this psychological and emotional aftermath.
Wrongful Death
In the unfortunate event that a motorcycle accident results in a fatality, the surviving family members can pursue a wrongful death claim. This seeks compensation for funeral and burial costs, loss of financial support, and the emotional pain of losing a loved one.
In all these scenarios, seeking legal guidance is imperative. A knowledgeable attorney will guide you through the process, ensuring that you understand and pursue every potential avenue for compensation. Through their assistance, you can navigate the complexities of the legal system and work towards a resolution that supports your recovery and well-being.
What to do after a motorcycle accident in Florida?
Motorcycle accidents can be particularly jarring due to the exposed nature of the rider. The aftermath can be chaotic, and ensuring you take the right steps can be crucial for both your health and any subsequent legal action. Here’s a guide on what to do if you find yourself in such an unfortunate situation.
Check for Injuries and Ensure Safety
First and foremost, check yourself for injuries. Even if you feel fine initially, adrenaline can mask pain and injury symptoms. If you’re severely injured, try not to move and wait for medical professionals to assist. If you’re able, move to a safer location away from traffic to prevent further accidents or injuries.
Call 911
Whether the accident seems minor or major, it’s crucial to call 911 immediately. Having law enforcement at the scene will ensure that an official accident report is filed. This can be pivotal when establishing fault or seeking compensation.
Gather Information
While waiting for law enforcement, exchange information with the other party involved. This includes names, addresses, driver’s license numbers, insurance details, and license plate numbers. It’s also beneficial to collect contact details from any witnesses at the scene.
Document the Scene
If you have a smartphone or camera on hand, take photographs of the accident scene, damages to your motorcycle, any visible injuries, and other vehicles involved. These visuals can be compelling evidence should you decide to pursue a claim.
Seek Medical Attention
Even if you believe you’re uninjured, it’s essential to see a medical professional after the accident. Some injuries, especially internal ones, may not be immediately apparent. Having a medical record that links your injuries to the accident can also be vital for legal proceedings.
Notify Your Insurance Company
Inform your insurance provider about the accident as soon as you can. However, be cautious about giving recorded statements without consulting an attorney, as these can sometimes be used against you.
Consult a Motorcycle Accident Attorney
Given the complexities of motorcycle accident cases in Florida, it’s advisable to consult with an attorney who has experience in such incidents. They can guide you on the best course of action, especially if you decide to seek compensation for damages and injuries.
Avoid Discussing the Accident Publicly
Be cautious about discussing the accident details, especially on social media platforms. Anything you say can potentially be used against you during negotiations or in court.
How Much Will a Florida Motorcycle Accident Attorney Cost Me?
At The Law Place, we understand how traumatic an accident of this nature can be, and we share our greatest sympathies with you. We work to ease the stresses and burdens that you face. It is for this reason that all of our work is completed on a contingency basis. This simply means that you will not be charged anything upfront. All fees for our work will be deducted from the final settlement once we have won your case for you. If, for some reason, we are unsuccessful and don’t win your case, we will not charge you a penny. If you have any concerns or want to discuss how our fees work in greater detail, contact us for a free consultation, and we will happily go through these with you. You will never receive any surprise bills.
The Florida State Bar Association monitors all contingency work in Florida. They set the guidelines for what we can legally charge a client, and we follow these rules to the letter.
North Port Unsafe Lane Change Motorcycle Accident Lawyer, FAQ
What are the most common consequences of an unsafe lane change involving motorcycles?
Unsafe lane changes, especially when involving motorcycles, often result in severe injuries due to the vulnerability of the motorcyclist. These incidents can lead to long-term physical trauma, extensive medical bills, and, in the most tragic circumstances, even fatalities that might warrant a wrongful death claim.
How can a lawyer assist me if I’ve been involved in such an accident?
A lawyer can provide invaluable assistance in navigating the complex legal landscape surrounding motorcycle accidents. They will help you gather evidence, handle discussions with insurance companies, and ensure that you receive the appropriate compensation for your injuries and damages. Their guidance can be especially crucial if you’re facing severe consequences or if the other party disputes liability.
What if the motorcyclist was partly at fault?
Even if the motorcyclist bears some responsibility for the accident, Florida’s comparative fault system allows victims to receive compensation reduced by their percentage of fault. This means that even if you were 30% responsible for the accident, you could still claim 70% of the total damages from the other party. However, as of 2023, if you are found to be more then 50% at fault, you cannot claim anything, this is in accordance with House Bill (HB) 837.
How do I determine if I have grounds for a lawsuit after an unsafe lane change accident?
Determining the viability of a lawsuit requires analyzing the specifics of the accident, the involved parties, and the resultant damages. A skilled motorcycle accident lawyer can review the facts, assess the evidence, and advise you on the potential success of your case and the expected compensation.
What compensation can I expect from such a case?
Compensation in unsafe lane change motorcycle accident cases can cover medical bills, lost wages, pain and suffering, and property damages. In tragic instances where a fatality occurs, surviving family members might also pursue a wrongful death claim, which can offer compensation for funeral expenses, loss of companionship, and more.
How long do I have to file a lawsuit after the accident?
The statute of limitations for personal injury cases in Florida for personal injury cases, including motorcycle accidents, is typically two years from the date of the accident. However, it’s crucial to consult with a lawyer as soon as possible to ensure all evidence is preserved and to initiate timely legal proceedings.
Are there specific laws in North Port related to unsafe lane changes and motorcycles?
While North Port follows Florida’s state-wide traffic regulations, there might be local ordinances or specifics that can affect a case. It’s essential to work with a local motorcycle accident lawyer who is familiar with the nuances of North Port’s traffic rules and can leverage them for your benefit.
What should I do immediately after an unsafe lane change accident?
Prioritize your safety and health by seeking medical attention, even if you feel fine initially. Document the accident scene, gather witness testimonies, and exchange information with the other involved party. Lastly, consulting with a motorcycle accident lawyer can guide you on the subsequent steps and protect your rights.
Speak to an Experienced Motorcycle Accident Attorney Today
If you have suffered an injury through no fault of your own in North Port, you may be entitled to compensation. At The Law Place, we will do all that we can to ensure that you win the justice that you deserve. No one should have to suffer alone.
Our team of reputable accident lawyers has over 75 years of combined experience. You can rest assured knowing that we have the knowledge and skills necessary to win you the justice that you deserve. We differ from all other law firms in Florida because our team works together. All of our lawyers share their knowledge, which means that your case will benefit from all of our experience.
An attorney-client relationship at our firm is one of immense commitment and loyalty. We promise that we won’t give up on your claim until we reach a settlement that you believe to be fair. Our practice areas are all over Florida. If you have suffered an injury, don’t waste another second. We are available 24 hours a day, 7 days a week, to listen to your call. Call our office now at (941) 444-4444.