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Do You Have Legal Recourse for Your Motorcycle Accident?

If you were injured in a motorcycle accident and you were not at fault, you may be able to recover compensation for your losses. While motor vehicles with four or more wheels are required to carry Personal Injury Protection (PIP) insurance under Florida law, motorcyclists are exempt. This is beneficial because it means you’re not bound by PIP restrictions. For example, individuals who are injured in a motor vehicle accident are required to pass an “injury threshold” to bring a lawsuit, and they are not allowed to recover compensation for pain and suffering damages. Conversely, motorcyclists do not have to pass an injury threshold, and they may seek compensation for all of their damages, including:

  • Medical bills. This includes all past and future medical expenses, including ER visits, hospital care, medical devices, doctor’s appointments and more.
  • Lost wages. If you’re unable to resume work normally following your accident, you may be entitled to compensation for wages you would have earned had you not been injured.
  • Pain and suffering. This refers to the physical pain and suffering you’ve experienced as a result of the accident, and will be determined by the nature and extent of your injuries.
  • Mental anguish. Victims of motorcycle accidents and their loved ones may also be entitled to compensation for any emotional suffering they’ve endured as a result of the accident.

Types of Motorcycle Accident Lawsuits

The direction of your case, as well as the compensation you’re entitled to, will depend on your specific motorcycle accident lawsuit. Here are the four most common types:

Negligence

To win a negligence lawsuit, your attorney must be able to prove that the other party acted with negligence, the negligence caused the accident, and the accident caused your injuries or losses.

The vast majority of motorcycle accident lawsuits are based on negligence, when the responsible party acted in a thoughtless and/or careless manner that caused injury, death, or harm to another individual. For example, an individual may be considered negligent in the following scenarios:

  • Driving under the influence.
  • Failing to yield when appropriate.
  • Failing to recognize motorcyclists in traffic.
  • Driving over or under the speed limit.
  • Swerving in front of or cutting off a motorcyclist.
  • Failing to pay attention to other drivers and motorcyclists.

Product Liability

In many cases, accidents are caused by a defect in the motorcycle, such as faulty design, labeling, or manufacturing practices. When this occurs, you may be able to bring a claim against the manufacturer of the motorcycle or the manufacturer of one of the motorcycle’s parts. Expert testimony and analysis is required to win this type of case and prove that the manufacturer of the motorcycle or one of its parts is responsible.

Wrongful Death

If you’ve lost a loved one in a motorcycle accident, you may be entitled to financial and punitive damages through a wrongful death lawsuit. To win this type of case, you will need the assistance of an attorney who can help you prove that another person’s negligence caused the death of your loved one.

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Common Injuries in Motorcycle Accidents

Motorcycle crashes often lead to devastating injuries because riders have little protection from the force of impact. Traumatic brain injuries are among the most severe outcomes. Even when riders wear helmets, they can suffer permanent brain damage in a violent collision. Spinal cord injuries are also common and may lead to partial or full paralysis, depending on the level and severity of the trauma. Other common injuries include:

Fractures, Internal Injuries, and Road Rash

Fractures frequently occur in the arms, legs, ribs, and collarbones. These injuries can limit mobility and require multiple surgeries. Internal injuries from blunt force trauma may not be obvious right away, but can be life-threatening without immediate treatment. Riders also suffer from road rash when their skin scrapes against the pavement. These wounds can become infected if not properly treated.

Amputations and Long-Term Medical Needs

In high-impact crashes, riders may suffer injuries so severe that amputation becomes necessary. These injuries often lead to lifelong changes in a person’s ability to work or enjoy daily activities. If you suffered any of these injuries, a knowledgeable attorney can help pursue compensation that covers your immediate care and long-term recovery.

Cars after a wreck

Why You Should Act Quickly After a Motorcycle Accident

Quick action after a motorcycle crash can make or break your case. Evidence at the scene begins to vanish almost immediately. Skid marks fade, damaged vehicles are repaired, and surveillance footage can be lost. The faster your motorcycle accident attorney starts investigating, the stronger your case will be.

Witnesses and Insurance Deadlines

Witnesses may forget key details if too much time passes. Early contact allows your lawyer to gather statements while the incident is still fresh in everyone’s mind. Insurance companies also set deadlines for reporting accidents and submitting claims. Missing these windows could limit or eliminate your ability to collect compensation.

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Statute of Limitations in Florida

Florida law gives you two years to file a personal injury lawsuit. Acting quickly gives your lawyer the time needed to gather evidence, consult experts, and negotiate on your behalf. Don’t wait. Contact a motorcycle accident attorney as soon as possible.

How a Motorcycle Accident Lawyer Can Help

A motorcycle accident lawyer is crucial in protecting your rights and securing compensation. Your attorney can start by investigating the crash and identifying who caused it. This involves collecting police reports, witness statements, crash scene photos, and medical records.

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Managing Insurance and Building Your Case

Attorneys know how to deal with insurance companies and prevent adjusters from using your words against you. They also work with accident reconstruction and medical evaluation specialists to present a clear and compelling case. While you focus on healing, your lawyer handles every legal detail.

Calculating Damages and Pursuing Compensation

A skilled attorney evaluates both your current and future losses. That includes medical expenses, lost income, and the cost of long-term care. Your lawyer will negotiate firmly for a fair settlement, but can take your case to trial if necessary. They will be your advocate from start to finish.

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Before we part ways, I want to thank you, Kathy Ortega for everything. From the moment my case was transferred to you, you always provided realistic time frames, responded to each and every email in a timely manner and ensured that my case was handled fairly and appropriately. You are one in a million, and your team/firm is exceptional because your part of it. My heartfelt thank you to you and everyone for everything.

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I had the pleasure of dealing with Patricia Yeatts to help me through my accident. She was highly professional, personable and effective. From the beginning, she patiently guide...

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FAQ Motorcycle Accidents

Can I still recover damages if I wasn’t wearing a helmet?

Yes, you may still recover damages even if you weren’t wearing a helmet. However, the insurance company or opposing party might try to reduce your compensation by arguing that your injuries were more severe because of it. A motorcycle accident lawyer can help counter these claims and fight for the full value of your case.

What is motorcycle bias, and how does a skilled lawyer defeat it?

Motorcycle bias is the unfair assumption that riders are reckless or at fault simply because they were on a motorcycle. Insurance companies and juries may fall into this mindset. A skilled attorney can push back by presenting clear, well-documented evidence that shows the other party’s fault and demonstrates your responsible actions as a rider.

What if a road hazard caused my motorcycle crash?

If your crash resulted from a road hazard, such as a pothole or poor signage, you may have a claim against a government entity or contractor responsible for road maintenance. These cases are complex, but an experienced lawyer can investigate and determine whether you have a valid claim.

What if the other driver fled the scene of the accident?

A hit-and-run driver complicates your case, but you still have options. You can file a claim under your uninsured motorist coverage or pursue other legal avenues. Your attorney can help identify potential sources of compensation.

Why do I need a motorcycle accident attorney if I have insurance?

Insurance companies often try to settle for less than you deserve. A motorcycle accident lawyer protects your rights, handles negotiations, and helps you recover full and fair compensation.

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Free & Confidential Case Evaluation

If you or a loved one has been the victim of negligence or misconduct, please do not hesitate to contact some of the most effective attorneys Miami has available at Goldberg & Rosen today to receive guidance about your legal options with a free and confidential case evaluation.

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