Florida Motorcycle Accident Lawyer

Due to this great weather and a welcoming attitude to bikers, it is no wonder that Florida is home to one of the biggest motorcycle rallies every year and is a destination for riding enthusiasts every month of the year. Nothing beats riding along Florida’s 8,436 miles of coastline in sunny warm weather, taking in the scenery of our many beaches, and enjoying great food and roadside attractions all along the way. A Florida personal injury lawyer knows that driving a motorcycle is a delightful experience, and driving a motorcycle in Florida is even better.

Motorcycles: Know The Risks

However, there are many risks associated with motorcycles that are either nonexistent or minimal while operating or riding in other motor vehicles, simply because a motorcycle has no structural protective devices and the rider wears the only protection they are afforded, such as riding clothes and a helmet. In addition to the lack of significant protection on a motorcycle, this issue is compounded with the fact that motorcycles are much smaller than even the smallest passenger vehicles, meaning they are easy to lose in blind spots and peripheral vision. Sometimes other drivers simply fail to register this small but essential object while maneuvering their car or truck.

Motorcycle accidents are associated with severe injuries and wrongful death at a substantially higher rate than other motor vehicle crashes, with motorcycle accident victims facing a roughly 29x higher likelihood of being killed in a motorcycle crash when compared to other motor vehicle accidents.

Contact Fasig | Brooks To Connect With a Motorcycle Accident Attorney Today

Our law firm offers a free consultation for victims of motorcycle crashes and the surviving family members of those killed in Florida motorcycle accidents to discuss how we can help recover compensation for either a wrongful death claim or non-fatal motorcycle accident claim. After a crash, a motorcycle accident victim will be left dealing with significant medical bills, property damage costs, lost wages, and a wide range of additional impacts that they may be entitled to seek compensation for if the other driver caused the accident.

We Are Here To Help

Learn more below to get a better idea of how the Florida motorcycle accident attorneys at our law firm can help you through your motorcycle accident case, and contact us as soon as possible to get started today. Motorcycle accident claims are stressful and overwhelming to those unfamiliar with personal injury law — even without trying to deal with catastrophic injuries or wrongful death at the same time. We are here to provide you with the support you deserve through this challenging time, and we will work diligently to give you the space you need to focus on your recovery — emotionally and physically — while we fight for the money you are rightfully owed from the insurance company.

Florida Motorcycle Accident Statistics

Florida is routinely found to be one of the most dangerous states in the US regarding fatal motorcycle accidents. A study by QuoteWizard found that Florida has 10 motorcycle fatalities per 10,000 registered motorcycles, and according to the NHTSA, a total of 591 motorcycle accident fatalities in the state in 2019. Of these 591 fatalities, 51% of the riders killed did not have helmets on.

Common Motorcycle Injuries and Causes

Florida is one of the most dangerous states for motorcycle accidents, mostly because it is such a good place to ride. More worryingly, e-bikes and motorized bicycle accidents are increasing as well.

The most common location for motorcycle accidents is the left turn lane. A left turn across path (LTAP) occurs at a stop sign or signal, when a cyclist turns across traffic and is struck by an oncoming motorist. Rear-end collisions, either by motorcyclists striking cars that brake suddenly, or motorists who misjudge how close they are to a motorcycle, are the number two cause of injuries and fatalities.

Motorcycle and e-bike riders can minimize their risk of injury by riding defensively and obeying the rules of the road. However, the small profile and limited protection of a motorcycle mean you are at risk when you are struck, no matter how carefully you ride. Injuries are more likely to be severe and include:

• Head injuries: Helmets offer protection against skull fracture when worn correctly, but offer minimal protection against closed-head trauma, concussion, and traumatic brain injury.
• Neck and back injuries: Spinal cord trauma is a frequent result of being thrown from a motorcycle. The higher your speed, the greater the risk of damage. Spinal cord injuries can lead to paralysis, nerve damage, and death.
• Long bone fractures: Breaking your upper arm or femur requires a lot of force and can leave you laid up in the hospital for months. Fractures of the pelvis or shoulder may affect your mobility even after recovery.
• Internal damage: Rib fractures can lacerate your lungs and internal organs. If you are thrown onto other objects, such as another vehicle, this can cause internal damage and lacerations.
• Facial trauma, burns, and road rash: These injuries can be disfiguring and require a lifetime of reconstructive surgery.

The outcome of a motorcycle accident is likely to be severe. It is in your best interest to have a practiced attorney helping you deal with the insurance company to get the settlement you need. 

If your injuries require long-term care or rehabilitation, your settlement should reflect your need for extended treatment. A Florida attorney can help you write your motorcycle crash claim to reflect that and include the documentation necessary to support your claim.

The Importance of Working With a Florida Motorcycle Accident Attorney

Filing an insurance claim is a simple enough process: contact the insurer to open a claim, work with the adjuster to provide information and documentation regarding things like your medical bills, lost wages, and property damage, and wait for them to write a check for the damages. Easy, right? Think again.

An insurance company is not focused on providing a claimant with the total sum of money they are rightfully owed in motorcycle accident cases; instead, an adjuster will try to settle a claim as quickly and inexpensively as possible to protect the insurer’s bottom line while protecting their client, the at-fault driver, and themselves from any additional legal issues. This goal is achieved through aggressive tactics designed to overwhelm or confuse a claimant that is likely working through medical treatment, suffering from significant pain and suffering, and trying to make sense of how they will be able to afford their medical expenses as they continue to miss work due to their injuries.

Working with an experienced motorcycle accident lawyer is one of the best ways to ensure that you are working towards a fair resolution. At the same time, you can remain focused on your personal needs after a serious and unexpected accident.

When to Contact a Motorcycle Accident Attorney

There may be some cases when you do not need an attorney. You might be able to navigate minor accidents involving only property damage by yourself. However, if the accident involves injuries or major damage, you should have an attorney’s assistance in reviewing your claim and any settlement documents. Even your own insurance company may want to quickly settle your claim without due regard for your medical or long-term needs.

You may want to consult an attorney right after the accident. Even if you did not plan on hiring a lawyer, you should at least discuss your options with an attorney and see what alternatives are available. Fasig | Brooks offers free initial consultations for this reason, so that you can learn what steps to take after an accident.

If your claim is rejected or denied by the insurance company, you should contact an attorney immediately. You have the right to appeal the denial, but your time is limited. You need legal assistance at once to appeal the denial and have your claim reconsidered by the insurance company.

Stay Focused on Your Recovery

Florida motorcycle crashes can cause a wide range of severe injuries ranging from road rash and fractured bones to spinal cord injuries, traumatic brain injuries, and death. Trying to manage the complications that these types of injuries cause while juggling the complexities and frustrations of a personal injury claim can lead to serious anxiety, which can have a significant impact on your recovery. Insurers know this and leverage this fact to their advantage by overwhelming a claimant with lengthy legal documents, aggressive demands and quickly dismissing important damages such as “pain and suffering” and other emotional and psychological impacts of an accident.

When our law firm represents you after a motorcycle collision, you can stay focused on getting the care and rest you need while our motorcycle accident lawyers fight to get you the money you deserve.

Fight Back With Experience

When insurance companies handle claims after serious or fatal motorcycle accidents filed by the victim or the victim’s family members, they know that it is likely they will be able to push aggressively to settle a claim for far less than what the claimant truly deserves. When motorcycle accident attorneys are the ones to initiate the claim, the adjuster assigned to your case knows immediately that you are willing to fight for what you are owed with the help of an experienced attorney. While this does not mean the insurance company will simply cave to your demands immediately, it does mean that they will not rely on their aggressive tactics meant to overwhelm claimants for a quick settlement agreement.

Being represented by our law firm sends a clear signal to the insurance companies that you have the support you need to follow your motorcycle accident claim to the end.

Look Towards the Future With Confidence

One of the most challenging parts of the aftermath of a motorcycle or car accident is not knowing how you will pay for your mounting medical expenses, earn a living wage, and maintain your other financial obligations as you suffer through the injuries of your Florida motorcycle accident. Likewise, surviving family members who have lost loved ones in motorcycle fatalities will experience a substantial financial loss in addition to the trauma and pain of losing a close family member or loved one.

Frequently Asked Questions About Florida Motorcycle Accidents

The following are a few of the many questions that our attorneys are prepared to answer — both briefly during a free consultation and in greater detail throughout our work together. Keep in mind that the following answers are meant to give you a general idea of how your specific situation may be handled but are not meant to be taken as legal advice in any way. No two motorcycle accidents are alike, which is why we take a unique approach to each case we take on, and why we pay close attention to detail to ensure that we address each detail before either accepting a settlement or pushing forward with a lawsuit through the Florida courts.

Contact our firm as soon as possible to request your initial consultation and get the answers you need to understand your rights and options after a motorcycle accident.

How much money am I owed after a serious motorcycle accident in Florida?

There is no way to answer this question without first taking a close look at several factors, such as the total amount of medical bills (and projected future medical expenses), your ongoing lost wages, and potential impacts to your long-term earning capacity, as well as the degree of suffering and emotional trauma you have endured as a result of your crash.

If someone else caused my motorcycle crash, am I entitled to compensation?

Florida is known as a “no-fault” state because Personal Injury Protection (PIP) is meant to cover any injury damages up to $10,000. It is crucial to ensure that you have motorcycle PIP, as automobile PIP will not apply to a motorcycle. However, personal injury damages above $10,000 warrant a claim filed against the at-fault driver and their insurance policy. A victim is entitled to initiate a claim to recover these damages.

If your accident was caused by defective motorcycle parts or other manufacturing defects, then we may be able to move directly into a claim or lawsuit against the manufacturer without first relying on PIP to cover your damages. Again, this is a highly specific situation that requires a close look by an experienced attorney who can make sense of your situation and advise you on how best to proceed.

If I have injuries that were not apparent right away, can I include these in my accident claim?

This, as you can imagine, serves to complicate a claim further, and the insurer will work aggressively to stick with the original statement and take an aggressive position against accepting any changes to the circumstances. This is just one of the many tactics that insurers use to overwhelm or even bully victims into accepting a low settlement and waiving their rights for future action.

When working with an experienced attorney, changes to your condition will not become a significant issue with the insurance company. They attempt to diminish your injuries and suggest that you are providing misleading or exaggerated information. We know that this is not the case and will fight to get you the compensation you deserve regardless of whether or not you have suffered from latent injuries.

Should I accept the settlement offer from the insurance company after a motorcycle accident?

Under no circumstances is it ever a good idea to accept an offer from an insurer without taking a close look at the exclusive offer, interpreting the legal stipulations, and most importantly, consulting with a legal professional. To reiterate: insurance companies prioritize a swift and inexpensive resolution to nearly every claim they handle, and yours is likely no different. This means that it is highly likely that many damages you have suffered are either underrepresented or entirely overlooked or omitted. To reach a fair agreement before resolving your case, you will need to go through an aggressive series of negotiations with ample evidence and clear calculations.

When you are working with trial-ready attorneys like the team at Fasig | Brooks, the insurance company knows that even if a settlement is preferable, we are prepared to take your case in front of a judge and follow through to the resolution of a full trial if that is what is required.

How important is it to call 911 after a motorcycle accident?

Other times, the at-fault driver might pressure the victim to handle things directly and not get authorities involved. While adrenaline is running high and a victim is dealing with some degree of panic after the incident, they may agree. There are many problems with this decision, though, and the best thing that any victim can do after an accident is to call 911.

There is nothing more frustrating than to find that the at-fault driver’s story has changed after the fact, and without a police report to verify your claims, it quickly becomes your word against theirs. In addition, medical professionals must examine your injuries, and the EMTs arriving at the crash are a great first step in getting the care you need to work towards recovery.