Florida boasts the second-highest number of registered motorcycle riders in the United States, with more than 500,000 registered motorcycles. Unfortunately, Florida also leads with the nation’s highest number of deadly motorcycle crashes each year.
Getting into a motorcycle collision can lead to serious consequences, including serious or permanent injury, property damage, and death for accident victims.
Losses that may be eligible for compensation following a motorcycle accident in Florida include:
- medical bills
- medical transport costs
- hospital care
- property damage
- lost wages
- repair or replacement costs
- pain and suffering
- wrongful death compensation
Our skilled team of Florida attorneys at Florin|Roebig understand how difficult it can be to recover from physical, psychological, and financial costs suffered as a result of a motorcycle accident. With our expertise and legal resources, we can help you or an injured loved one file a motorcycle accident claim to seek fair compensation.
List Of Injuries Caused By Motorcycle Accidents In Florida
Motorcycles are different from the average motor vehicle in that they often provide much less safety protection for their riders. In the event of a crash, this can lead to severe and potentially permanent injuries.
Common injuries from motorcycle accidents include:
- severe head trauma
- road rash
- bone fractures
- eye and neck injuries
- broken arms or legs
- spinal cord injury
- damage to internal organs
- internal hemorrhaging
Severe motorcycle accidents also have the potential to result in permanent disfigurement, loss of limbs, paralysis, and death.
These costs can be devastating to the health and wellbeing of injured motorcycle riders. Seeking compensation is often the most helpful recourse a person can choose to pursue in order to cover the financial and psychological toll of these losses.
Common Causes Of Motorcycle Accidents In Florida
Motorcycle accidents frequently occur as a result of a small lapse of judgment or attention. As many injured motorists can attest, accidents can happen very quickly, with little for people to do in such situations but attempt to protect themselves in any way possible.
Several common causes of motorcycle accidents in Florida include:
- poorly maintained roads
- aggressive drivers
- distracted driving
- failing to notice traffic stops, signs, or signals
- speeding
- defective motorcycle parts
- driving under the influence
Alcohol Impairment And Motorcycle Accidents
Motorcycle accidents and other motor vehicle crashes are also commonly influenced by alcohol or drug use. Across the U.S., alcohol impairment is involved in 28 percent of motorcycle crash deaths and likely has an even greater involvement in the higher number of non-fatal crashes.
While personal drinking habits can be controllable, situations can occur in which a motorcyclist collides with another driver who has been drinking. This, unfortunately, cannot be prevented.
The most effective tips for avoiding collisions with other motorists are to keep your full attention on the road, be attentive to surrounding drivers, and avoid drinking and riding.
What To Know About Motorcycle Accident Personal Injury Claims In Florida
Filing a motorcycle accident personal injury claim is a form of legal recourse individuals can choose to pursue after becoming injured from a motorcycle accident.
For many people, the idea of pursuing legal action can be intimidating and overwhelming. Understanding how motorcycle accident cases work can help you feel more confident about your entitlement to seek compensation for damages.
Under Florida law, injured motorcycle riders are entitled to seek compensation if their accident occurred at the fault of another motorist. The legal term for this is negligence.
When you are in an accident with another party at fault, Florida law entitles you to hold the negligent party responsible for your injuries and other losses. Typically, the negligent party in these cases refers to another motorist involved in the accident.
However, if your accident occurred due to faulty motorcycle parts, you may be eligible to file a claim against the motorcycle manufacturer on the basis of product liability.
If you’ve suffered injuries as a result of another party’s negligence, getting in touch with a personal injury attorney who has extensive experience in motorcycle accident cases is the best way to gather the necessary evidence to support your case.
Reasons To File A Motorcycle Accident Claim
The reasons an individual chooses to pursue legal recourse can vary depending on personal circumstances and the seriousness of a person’s accident-related injuries. However, the primary reason in most cases is the sheer expense.
Many of the consequences of getting into a motorcycle accident—such as medical treatment, motorcycle repair costs, and lost wages due to injury—can rack up a hefty bill within the first hours, days, and weeks of the incident.
In the case of a serious or permanent injury, long-term care or treatment may also be required, which can complicate the process of determining a fair settlement amount and even further increase your expenses.
Getting into an accident can be disorienting and traumatic. Contacting a motorcycle accident attorney who can represent your interests in the aftermath of an accident can be an effective option to ease these burdens and begin the process of seeking compensation.
Steps To Take After A Motorcycle Accident In Florida
If you or a loved one gets into a motorcycle accident, there are several steps you may need to take in order to get the details of your accident on record and attend to resulting injuries.
Following these steps can help you protect your rights in the event of an accident and prepare you to make a strong and successful case for your right to compensation:
1. Seek Medical Care
Safety is the number one priority in any accident. First, assess yourself for any injuries, and look to see if anyone else involved in the accident has sustained any visible injuries. If you or anyone else involved is injured, call 9-1-1 to request emergency medical care.
Even if you believe your injuries are minor, it’s important in any accident to have your health and wellbeing assessed by medical professionals. This is especially true if you have sustained any kind of head injury, as this can lead to brain trauma or concussion without swift medical treatment.
Failing to get treatment for injuries sustained after an accident can risk more serious problems down the road.
2. Call The Police
If you get into an accident, it’s important to call the police to report the incident. Your local police will be able to write up a formal report of your accident, including vital details about the scene of the accident and the information of other involved motorists. This can serve as useful evidence for supporting your claim and adding to its credibility.
3. Gather Information
Once you have called 9-1-1 and contacted the police, gather the names, phone numbers, insurance information, and license plate numbers of other motorists involved in the accident and any eyewitnesses.
4. Take Note Of Your Surroundings
Although most people can feel quite shaken in the immediate aftermath of an accident, it’s in your best interest to take note of whatever details you can about the scene of the accident and the moments leading up to it.
If you have a working phone, take photos of the following for your records:
- accident scene
- skid marks
- positions of the vehicles
- personal injuries
- property damage (including damage done to your motorcycle)
- screenshot of your recent calls
You should also record the time of the accident, any memorable details about the weather, traffic signs, or suspicious driving activity (e.g. drunk or distracted driving by another motorist involved in the accident).
5. Contact An Attorney
After calling the appropriate authorities, one of the most important calls you can make after getting into an accident is to a motorcycle accident attorney. This should be done before calling your insurance company, as your insurer may request a statement.
If you contact your insurance company before consulting an attorney, do not provide any sort of statement or admit to any fault in the accident. Your attorney can help you craft an appropriate statement for your insurance that won’t create trouble for you later on in the motorcycle accident claims process.
Tips For Choosing A Florida Motorcycle Accident Attorney
Having the right legal representation matters. Your best option in seeking legal recourse is to find an attorney who has a strong track record of securing compensation for injured motorcyclists or surviving family members.
Finding the right attorney can be the difference between being awarded a fair settlement and suffering the expenses that can quickly add up in the aftermath of an accident.
Check out these tips on how to find the best Florida motorcycle accident attorney to handle your claim:
Find An Attorney With Experience
Motorcycle accident cases are not the same as the average personal injury claim, although they are similarly categorized.
When choosing a skilled attorney to represent your interests in a motorcycle accident claim, your best course of action is to find an attorney who has verifiable experience handling motorcycle collision cases.
Why does this specific experience matter?
Motorcycle accident claims are often given greater scrutiny, which can create a more complicated and troublesome negotiation process. They are also subject to different laws and processes than motor vehicle accident claims, both of which can require particular skill sets.
At Florin|Roebig, our motorcycle accident lawyers understand the important nuances that can make the difference between recovering damages for the injured motorcycle riders we represent and leaving them empty-handed.
What our Florida motorcycle accident lawyers can do to strengthen your claim:
- offer expert legal guidance
- collect medical and police records
- gather witness testimony
- reconstruct the accident
- request security camera footage
- consult with experts
- communicate with insurance carriers on your behalf
- prepare your case to go to trial if necessary
Resources And Connections
The most valuable tools a motorcycle accident attorney can possess is extensive legal knowledge, professional connections, and other legal resources.
Having an extensive list of resources and connections can prove to you as a client that your attorney will not cut corners in conducting a thorough investigation of your case.
Having working relationships with professionals in your community—such as the police, hospital staff, and other legal experts—demonstrates exceptional communication and collaboration skills. These are essential for any competent personal injury attorney to possess and should be considered when vetting your options for legal representation.
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Florida Motorcycle Accident Laws
Motorcycle accident laws can vary by state. In Florida, injured motorcyclists are entitled to the right to seek accident-related compensation if their injuries occur as a direct result of another party’s negligence.
In motorcycle accidents, negligence refers to any behavior, action, or influence that deems an individual or entity at fault. An example of negligence may include driving drunk, texting while driving, or failing to follow traffic signals—all of which can lead to a serious collision.
Another aspect of the legal process to consider when filing a motorcycle accident claim is the statute of limitations, which can vary by state.
Florida Statute Of Limitations For Motorcycle Accident Claims
A statute of limitations is the amount of time someone has to take legal action in the aftermath of an accident or crime.
Knowing the statutes of limitations for motorcycle accident claims in Florida is crucial for any Floridian who is considering taking legal action for a recent or past accident.
The following statutes of limitations refer specifically to Florida law:
Motorcycle Accident Personal Injury Claims: Injured motorcycle riders have up to four years from the date of their motorcycle accident to pursue legal action for compensation.
Wrongful Death Claims: Surviving family members have up to two years after the date of a deceased motorcyclist’s accident to file a wrongful death claim against the negligent party.
Product Liability Claims: If your motorcycle accident happened as a result of defective motorcycle parts, this may entitle you to compensation on the basis of product liability. Injured motorcyclists in Florida have up to four years to file a product liability claim in the event of personal injury, or up to two years for wrongful death.
Motorcycle Claims Against Government Entities: If your accident happened as a direct result of poor road conditions, or the fault of a government driver, you have up to three years to file a lawsuit against the appropriate government entity.
Motorcycle Accident Rates In Florida
Florida leads the nation with the highest rate of motorcycle fatalities. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida saw 9,122 total motorcycle accidents in 2018.
The total number of fatalities as a result of motorcycle crashes in the state totaled 502 motorcyclist deaths and 7,860 injured motorcyclists. These numbers are slightly lower than those of previous years, but still represent the highest rates of motorcycle accidents and fatalities in the United States.
Factors that often play a role in Florida motorcycle crashes and deaths:
- alcohol- or drug-related impairment
- not wearing a helmet
- lacking a valid motorcycle license
- not following traffic stops, signs, and rules
- older age (50+)
List Of Motorcycle Accident Attorneys In Florida
Our team of seasoned attorneys at Florin|Roebig have the knowledge, skills, and resources to secure you a fair settlement for your motorcycle accident claim.
Serving all of Florida with offices across the state, our motorcycle accident lawyers can offer you a free case evaluation to discuss your legal options.
Our Florida motorcycle lawyers attorneys include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Michael L. Walker, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- Jordan A. Kolinski
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Matthew L. McMullen
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
- Brian R. Dettman, O.C
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Find A Florida Motorcycle Accident Attorney Today
Motorcycle accidents are often not just a small matter. Serious injuries and wrongful deaths devastate thousands of motorcycle accident victims and their families each year.
The expert personal injury attorneys of Florin|Roebig understand the seriousness of these consequences and have the skills to help injured motorcyclists and their families seek fair compensation.
Don’t wait to begin the process of filing your motorcycle accident claim. Call us today to schedule a free case evaluation with one of Florida’s top attorneys.
