The road is not always safe for motorcyclists in the State of Florida. A motorcyclist is more exposed and vulnerable to danger compared to other road users like cars or trucks, which means that they could suffer more serious injuries.
If you were involved in a motorcycle accident and you are wondering, “when should I call a motorcycle accident lawyer?” then the answer is straight away. We understand that you might hesitate following a motorcycle crash due to the stress of finding the right motorcycle accident lawyer, but we are here to help you every step of the way. You should seek legal representation from a motorcycle accident lawyer as soon as possible following a motorcycle crash in the State of Florida.
At The Law Place, we have over seventy-five years of collective experience when it comes to fighting for the maximum amount of compensation on behalf of clients in the State of Florida. Our law firm has managed hundreds of motorcycle accident cases with great success, and we have an in-depth knowledge of traffic law.
If you have questions in regard to a motorcycle crash, then you should speak to one of our motorcycle accident lawyers now. We know the pressure that you are under, and we want to make the process as easy as possible for you. The phone lines to our office are available twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
The Statute of Limitations for Making a Motorcycle Accident Claim
Every state across America has different laws for the amount of time that you have to make a claim against the at-fault party following an accident that caused injury and other losses. The time starts on the date that the accident happened.
The State of Florida gives you four years from the date of the motorcycle accident to recover compensation for your injuries, lost wages, property damage, pain and suffering, and more. In the event that your partner or family member was killed in a motorcycle accident, then you are given two years from the date of the motorcycle accident to recover compensation for funeral expenses, medical bills, lost wages, property damage, pain and suffering, and more.
After the time limit has passed, then you will not be able to recover compensation for a motorcycle accident.
The statute of limitations is written in Florida Statute 95.11.
When Do You Need a Motorcycle Accident Lawyer?
You have four years to hire a motorcycle accident lawyer and file a personal injury claim, but we do not recommend that you waste any time.
There are a number of reasons that you should hire a motorcycle accident lawyer as soon as possible, such as dealing with your insurance company, the police officers, the facts and circumstances surrounding your case, and other important details that could take a long time to sort out.
Causes of Motorcycle Accidents
The State of Florida has the second biggest number of motorcyclists in the United States of America. However, it also means that motorcycle accidents happen much more frequently in the State of Florida. The Florida Department of Highway Safety and Motor Vehicles (FHSMV) stated that close to 8,500 motorcycle accidents had occurred already this year.
It is imperative that you are mindful when you are riding a motorcycle on the road. Here are the most common causes of motorcycle accidents:
- Blind spots – Drivers usually fail to take notice of motorcyclists as they are turning a corner or merging into a road.
- Drunk driving – Drivers who consume alcohol are a serious danger to other road users, including motorcyclists.
- Distracted driving – Drivers who use their mobile phones or get easily distracted can miss the sight of a motorcyclist.
- Aggressive drivers – Drivers who become frustrated with traffic can take out their anger on other road users, including motorcyclists.
- Tailgating – Drivers who follow too closely behind other road users, including motorcyclists, can result in a crash.
- Poor road conditions – If there are poor road conditions, such as potholes, uneven surfaces, or bad weather, then a motorcyclist can have an accident.
- Defective parts – A motorcyclist can suffer an accident in the event that a defective part or improper maintenance causes them to malfunction. In this case, the manufacturer of the motorcyclist can be held liable for a crash.
- Traffic violations – Drivers who fail to follow traffic laws by committing acts like speeding, making improper turns, failing to yield and more, could lead to a motorcycle accident.
What to Do After a Motorcycle Crash
If you were involved in a motorcycle accident, then you should remember to take certain steps to protect your legal rights under Florida law. We truly hope that you do not have to use the information laid out in these steps. However, if you were ever to get involved in a motorcycle crash, then we highly recommend that you:
- Stop – You must stay at the location of the motorcycle accident and wait in a safe place.
- Check for injuries – You must check for injuries following a motorcycle accident. If you or anyone else sustained an injury, then you have to call an ambulance.
- Call 911 – You have a responsibility to call the police to the scene of a motorcycle accident under Florida Statute 316.062.
- Seek medical attention – You must seek medical attention following a motorcycle accident, even if you think that you did not suffer an injury.
- Collect information – You must collect the information of each driver involved in the motorcycle accident, including their names, phone numbers, addresses, vehicle registration numbers, and other relevant contact details.
- Eyewitnesses – If there were people who saw the motorcycle accident happen, then. You should collect their contact information too.
- Collect evidence – You must take photographs of the location of the crash, including damage to the location, motor vehicles, road conditions, injuries, and more.
- Avoid statements – It is imperative that you avoid making a statement that could be seen as an admission of guilt to the police officers at the scene of the accident or to your insurance company. Do not apologize for the accident and avoid saying statements like “I did not see the other vehicle’ or ‘I was moving too fast.’
- Keep a journal – It is in your best interests to keep a journal and write down all of your experiences after an accident, including the healing process and other relevant information.
- Call a motorcycle accident attorney – It is important that you hire a motorcycle accident attorney from The Law Place as soon as possible. They will be your strongest advocate in pursuing the compensation you deserve. Call our office to set up a free consultation now.
Types of Injuries in a Motorcycle Accident
A motorcycle accident injury can be very serious as a result of the exposed nature of the rider. The most common injuries that a motorcyclist can face include:
- Fractures – Skull, jaws, collarbone, rib, leg, and arm fracture.
- Sprains – Elbow, wrist, knee, and ankle sprains.
- Dislocations – A dislocation can seriously damage the soft tissue in the joint area.
- Eye injuries – The eyes are a serious risk to a motorcyclist, which is why every rider must wear protective gear on their eyes when they are riding a motorcycle.
- Internal damage – Internal bleeding will require immediate medical attention.
- Traumatic brain injury (TBI) – A head/ brain injury.
A motorcycle accident can lead to injuries ranging from bruises and scrapes to life-threatening ones that include internal bleeding and traumatic brain injuries. Motorcycle accident injuries must be taken seriously. It is imperative that every motorcyclist is aware while on the road and that they take the necessary safety measures to avoid an accident in the State of Florida.
Compensation in a Motorcycle Accident Claim
A motorcycle accident lawyer from The Law Place will explore all of the available options for you to recover the maximum amount of compensation following a motorcycle accident in the State of Florida. There are two types of compensation: economic damages and non-economic damages.
Economic Damages
- Medical bills – The total costs of surgery, hospitalization, doctor’s visits, medical equipment, prescription medication, physical therapy, rehabilitation, and more following a motorcycle accident.
- Lost wages – The total costs of income that you have lost due to not being able to work, a reduced earning capacity, and future lost earnings following a motorcycle accident.
- Property damage – The total costs to repair or replace your motorcycle, mobile phone, clothes, helmet, and more following a motorcycle accident.
Non-Economic Damages
- Pain and suffering – A reduced quality of life includes physical pain, mental distress, emotional trauma, PTSD (post-traumatic stress disorder), depression, and other forms of pain and suffering following a motorcycle accident.
- Wrongful death – You could be entitled to recover compensation for funeral expenses, medical bills, lost wages, property damage, pain and suffering, and more following the death of someone you love in a motorcycle accident. File a wrongful death lawsuit under Florida Statute 768.21.
Why Is It Easy to Be Injured on a Motorcycle?
A motorcycle is known for not having essential safety features, and protection like cars have. One of the most important differences between motorcycles and cars is that cars have airbags to absorb the shock of an accident. There is nothing that stops the shock of a sudden impact to a motorcycle rider in the event that an accident occurs. A motorcycle does not have the same level of protection as cars. For example:
- A motorcycle does not have exterior walls or doors.
- A motorcycle does not have seatbelts.
- A motorcycle does not have airbags.
- A motorcycle is much smaller in size compared to other motor vehicles.
- A motorcycle is difficult to stop on the road, especially at night.
- A motorcycle is usually overlooked by other road users because they do not pay attention to motorcyclists.
- A motorcycle is usually underestimated by other road users, and they lack an understanding of motorcycles.
- A motorcycle is not always shown respect by other road users.
Motorcycle Helmet Laws in the State of Florida
A motorcyclist does not have to wear a helmet when they operate a motorcycle in the State of Florida. However, it is mandatory for you to wear a helmet in the event that:
- You are under the age of 21.
- You do not have ten thousand dollars in medical insurance.
Our law firm highly recommends that you wear a helmet for protection. It can save you from suffering a serious head injury in the event that a motorcycle crash happens. If you were involved in a motorcycle accident and you were not wearing a helmet, then you will not be considered to have broken the law as long as you were abiding by the helmet laws. However, we suggest that you do not share the details of your accident with anyone except your motorcycle accident attorney.
Working With a Motorcycle Accident Lawyer
A motorcycle accident lawyer from The Law Place will work closely with you and your insurance company to recover the highest compensation for your motorcycle accident case. They will also handle:
- An in-depth investigation into your motorcycle accident case.
- Collecting evidence that includes photographs, videos, statements, and more.
- Speaking to people who witnessed the motorcycle accident.
- Reviewing reports by the police.
- Figuring out who is liable for the motorcycle accident.
- Calculating the total compensation that you deserve.
- Negotiating with the insurance companies.
- Settling a reasonable deal.
- Taking your motorcycle accident case.
Contact The Law Place Today
If you or someone else you know were involved in a motorcycle accident in the State of Florida, then you should call a motorcycle accident lawyer now. It is important that you have a motorcycle accident lawyer on your side to protect your legal rights following a crash.
At The Law Place, we have over seventy-five years of combined experience and knowledge in managing motorcycle accident cases throughout the State of Florida. Our law firm understands the legal system better than anyone, and we will guide you through the process of filing a personal injury claim.
We will work hard to investigate your case, determine the liable party, deal with the related paperwork, negotiate with the insurance companies and fight to win the maximum amount of compensation for your case.
If you are wondering, “when should I call a motorcycle accident lawyer?” the answer is as soon as possible. You can speak to an experienced motorcycle accident attorney from our law firm now. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.