Getting into a motorcycle accident can leave accident victims with permanent or serious injury, property damage, and death.
Our skilled team of Florida motorcycle accident attorneys at Florin|Roebig understands 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.
What To Know About Motorcycle Accident Personal Injury Claims In Florida
Under Florida law, injured motorcycle riders may be 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.
Similarly, if you crashed due to faulty roadways, you may be able to file a claim against the responsible entity, such as the county road commission department.
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.
Why Should You File A Motorcycle Accident Claim?
Getting into a motorcycle accident can be both dangerous to your physical well-being as well as costly.
You will likely need extensive medical treatment, motorcycle repair costs, and you may have lost wages due to recovery. These costs can mount quickly.
For serious or catastrophic injuries, long-term care may be required, which can complicate the process of determining a fair settlement and increase your expenses.
You should not have to pay for costs related to life-threatening or life-changing motorcycle accident injuries if the accident was caused by someone else’s negligence.
To ease this process, a motorcycle accident attorney can represent your interests in the aftermath of an accident and help you begin the process of seeking compensation.
Damages You Can Claim After Being Injured In A Motorcycle Accident
Damages refer to the losses you incurred after a motorcycle crash.
These costs can have a specific value, such as medical costs, or they may be harder to calculate, such as emotional anguish at the loss of a spouse.
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
Note that medical expenses and property damage are not the only costs you can claim. A personal injury lawyer can provide a detailed, free case evaluation to discover the damages that apply to your case.
Which Florida Laws Can Affect Your Case?
Personal injury law varies by state, but all personal injury cases hinge on the concept of negligence.
In Florida, injured motorcyclists can seek accident-related compensation if their injuries occur as a direct result of another party’s negligence.
Negligence refers to any behavior, action, or influence that deems an individual or entity at fault due to a breach of their duty of care.
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.
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:
- Personal injury claims: Injured motorcycle riders have up to four years from the date of the 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.
- Product liability claims: Injured motorcyclists in Florida have up to four years to file a product liability claim, such as for defective brakes.
- Injury 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.
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 can take 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 case:
1. Seek Medical Care
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 is injured, call 9-1-1 to request emergency medical attention.
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.
According to Florida Statute § 316.066, you have to report any accident that results in injuries or total property damages of $500, or any vehicle that requires towing.
Your local law enforcement officers will write up a formal police report, 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
Collect the names, phone numbers, insurance information, and license plate numbers of other motorists involved in the accident and statements from any eyewitnesses.
4. Take Down Your Account Of The Accident
You may feel shaken after a motorcycle or car accident, but it’s in your best interest to write down any 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
- Airbags in the other vehicle, if applicable
- 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 the at fault party).
5. Contact A Motorcycle Accident Lawyer
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 being an at fault party in the accident.
Your attorney can help you craft an appropriate statement for your insurance company that won’t create trouble for you 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 following an accident.
Explore these tips on how to find the best Florida motorcycle accident attorney to handle your claim.
Find An Attorney With Experience
When choosing a skilled attorney to represent you in a motorcycle accident claim, find an attorney who has verifiable experience handling motorcycle collision cases.
Motorcycle accident claims are often given greater scrutiny, which can create a more complicated negotiation process.
They are also subject to different laws and processes than motor vehicle accident claims, both of which can require particular skill sets.
Hire A Law Firm With Extensive Resources
The most valuable tools a motorcycle accident attorney can possess is extensive legal knowledge, professional connections, and legal resources.
Having an extensive list of resources and connections can prove to you that your attorney will not cut corners in conducting a thorough investigation of your case.
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Common 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 injuries.
Severe motorcycle accidents also have the potential to result in permanent disfigurement, loss of limbs, paralysis, and death.
Common injuries from motorcycle accidents include:
- Severe head trauma
- Road rash
- Broken bones and fractures
- Eye and neck injuries
- Traumatic brain injuries (TBI)
- Spinal cord injury
- Damage to internal organs
- Internal hemorrhaging
Compensation from a personal injury lawsuit or claim can help you cover the financial and psychological toll of these losses.
What Causes 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 but attempt to protect themselves in any way possible.
Common causes of motorcycle accidents in Florida include:
- Other motorists failing to notice motorcycles on the roadways
- Poorly maintained roads
- Aggressive drivers
- Distracted driving
- Failing to notice traffic stops, signs, or signals
- Improper lane changes
- Failure to check blind spots
- Speeding
- Defective motorcycle parts
- Driving under the influence of drugs or alcohol
How Alcohol Impairment Affects Motorcycle Accidents
Motorcycle accidents and other motor vehicle crashes are commonly influenced by alcohol or drug use.
Across the U.S., alcohol impairment is involved in 34 percent of motorcycle crash deaths and likely has an even greater involvement in the higher number of non-fatal crashes.
In 2020 alone, alcohol-impaired crashes were responsible for 5,579 motorcycle accident fatalities, according to the Insurance Information Institute.
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.
Motorcycle Accident Rates In Florida
Florida is home to the second-highest number of registered motorcycle riders in the United States, with 645,012 registered motorcycle riders in 2021, according to the Insurance Information Institute.
In 2021, Florida had 583 motorcycle accident-related fatalities, a 14% increase from the previous year, according to Northwest Florida Daily News.
There were 8,624 motorcycle accidents in Florida in 2021.
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+)
Florida Motorcycle Accident Claim FAQs
For more information about personal injury claims for motorcycle accidents in Florida, learn answers to common questions below.
How Common Are Motorcycle Accidents In Florida?
There were 8,624 motorcycle accidents in Florida in 2021, which amounts to an average of nearly 24 crashes per day in the state.
Florida is the state with the fourth-highest rate of motorcycle crashes in the nation.
Does Florida Have The Highest Motorcycle Fatalities?
Florida does not currently have the highest rate of motorcycle-related deaths in the U.S., but it is among the top states for motorcycle accidents, along with California, Texas, Louisiana, and Mississippi.
What Is The Biggest Cause Of Biker Accidents?
Distracted driving is believed to be one of the greatest causes of motorcycle accidents, along with the failure of other motorists to notice motorcycles on the roadways.
Does Florida Insurance PIP Cover Motorcycles?
Personal injury protection (PIP) coverage is required in Florida for all motor vehicles with four or more wheels, which means it doesn’t apply to motorcycles.
If you or a family member were hurt in a motorcycle crash in Florida due to another’s negligence, you may need to seek compensation from a personal injury claim to cover damages.
How Long After A Motorcycle Accident Can You File A Claim In Florida?
Florida law allows you to file a claim for personal injury up to four years from the date of the incident.
However, injured persons should file a claim as soon as possible to ensure they have the best chance at securing a settlement offer.
What’s The Average Settlement Amount For A Motorcycle Accident?
The settlement amount for motorcycle accident cases ranges depending on a number of factors, including whether negligence was involved, whether you were at fault in the accident, and the extent of your injuries, among others.
List Of Top-Rated Motorcycle Accident Attorneys In Florida
Our team of skilled attorneys at the Florin|Roebig law firm have the knowledge, skills, and resources to secure you a fair settlement for your motorcycle accident claim.
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by U.S. News & World Report and named to the “Best Lawyers in America” list.
Serving the state 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.
- Chase P. Florin, B.C.S.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Nollys R. Solarte, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
At Florin|Roebig, our motorcycle accident lawyers understand what it takes to recover damages for the injured motorcycle riders we represent.
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
We Are Nationally Awarded Lawyers
Find A Florida Motorcycle Accident Lawyer Today
If you’ve lost income or experienced other damages due to serious injuries in a motorcycle accident in Orlando, Miami, Fort Lauderdale, or elsewhere in Florida, our legal team can help.
The expert personal injury attorneys at Florin|Roebig understand the seriousness of these cases 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 consultation with one of Florida’s top attorneys.
