No matter how long you’ve been driving your motorcycle, the road can be an exceptionally dangerous place. Not only are motorcycle drivers (and passengers) more likely to be injured in an accident, they’re also more vulnerable due to their presence on the road.
Because you take up less surface area, you may not show up in blind spots. Parked cars may not see you coming in their lane, leading to an accident after someone opens their door.
Motorcycle accident claims in Daytona Beach are filed because drivers seek justice on behalf of themselves and future drivers. The right personal injury attorney, such as those at Florin|Roebig, can help you explore your legal options in how and when to file, so you get the financial compensation you deserve. Learn more about how motorcycle accident claims work, why they’re filed, and how Florida laws can work to your advantage.
Common Motorcycle Accident Injuries Sustained To Bikers
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 to motorcycle accident victims.
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
Severe motorcycle accidents also have the potential to result in permanent disfigurement, loss of limbs, paralysis, and wrongful death.
These medical costs of these injuries can be devastating to the health and wellbeing of 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 Daytona Beach, Florida include:
- 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
Motorcycle accident attorneys in Daytona Beach may help you file a claim for any of these reasons. A motorcycle accident claim can be filed for something as small as failing to signal. If the other party was at-fault, talking to a lawyer gives you a way to clarify their responsibility so you don’t have to spend more than you need to on accident-related expenses.
Understanding Motorcycle Accident Claims
After a motorcycle accident, it’s not always easy to make the right decisions. You may be facing some pretty serious injuries, leading you to skip important steps in the claims process.
The most important thing about your accident is to first seek medical attention. This will help you understand how your body was affected by the impact, so you can start receiving the proper treatment. Visiting a doctor also provides official documentation you can use to prove your case in court.
The next step is to start looking for an attorney. This is not to say that the insurance company will be left out of the process, but that an experienced attorney will immediately prioritize your best interests.
Instead of oversimplifying the claim like an insurance company is likely to do, an attorney will look deeper into the situation to determine how the accident affected you.
A Daytona Beach motorcycle accident attorney will also try to determine if comparative negligence applies to your case. This state law will assign blame to drivers based on the facts of the accident.
If the courts determined that you were acting recklessly at the time of the accident, they may determine you were 15 percent at-fault for the accident, for example. Understanding this law can give you a better idea of how your claim will be processed.
Knowing When To File A Motorcycle Accident Claim
Not everyone should file a claim after their motorcycle accident occurs. The reality is that some people can work out a settlement with insurance. Those who file claims are typically those with life-changing consequences after their accident, though it should be noted that every situation is different.
If you need three months to recover from your injuries and also support three young children on your own, your recovery will affect you differently than someone with no dependents. A lawyer can help you decide if and when to file a claim, so you don’t miss out on compensation that is rightfully yours.
Damages Awarded For Motorcycle Accident Claims In Daytona Beach
Because different parts of your life are affected by an accident, you may need to file for any number of damages after the accident, such as:
- lost wages: If you’re unable to work due to your injuries (either now or in the future), you can file based on your approximate earnings.
- medical expenses: This cost includes all direct medical treatments, including official post-care (e.g., physical therapy, etc.).
- long-term care: If you need help in your everyday activities (e.g., hygiene, cooking, etc.), you can get the financial aid you need to hire a caretaker.
- pain and suffering: This term refers to the mental stress and anguish you may have experienced due to the accident.
- loss of consortium: If your spouse or partner has had to step up to fulfill your duties, they may be able to file for compensation.
- punitive: These damages are generally awarded to claimants purely to punish the other driver. (These are rarely given because the claimant would need to prove malicious intent on the road.)
How Much Is Your Claim Worth?
Determining the amount of your claim isn’t as easy as adding up every direct expense of the accident. Motorcycle accident attorneys in Daytona Beach look past the most obvious expenses to the larger opportunity costs.
For instance, maybe you’re unable to complete your education due to your injury. Maybe you’re unable to find another job because you don’t meet the requirements of the position any longer.
From your financial situation to your lifestyle, your defense may be structured very differently from that of another driver — even if you have the exact same injuries.
It’s crucial to have someone who understands the law by your side, so you can file your claim correctly the first time. The last thing you want to do is attempt to reopen a case if you realize you need additional compensation. It’s more efficient to align all the details the first time.
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Do You Need To Hire A Motorcycle Accident Attorney?
No. The courts will allow you to file a claim on your own. However, there are reasons why personal injury lawyers exist. The right attorney understands the nuances of Florida state law and will use that knowledge to help you. Instead of having to fight with paperwork or decide which details to include in your case, an attorney takes the weight off your shoulders.
An excellent attorney will negotiate with insurance companies to ensure you get the maximum settlement amount, pursue your case in court if necessary, and fight involved parties on your behalf.
Facts On Motorcycle Accidents In Daytona Beach And Volusia County
Volusia County, where Daytona Beach is located, experiences its share of motorcycle crashes every year:
- In 2016, there were 514 crashes and 29 fatalities.
- In 2017, there were 576 crashes and 553 injuries (or 96 percent of all riders).
- The majority of motorcycle accidents in the area are the result of head-on collisions.
List Of Top-Rated Motorcycle Accident Attorneys Serving Daytona Beach
Florin|Roebig motorcycle accident attorneys are highly knowledgeable and ready to help residents of Daytona Beach file a claim.
Our legal team of esteemed injury lawyers includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
We Are Nationally Awarded Lawyers
Get Help With Your Motorcycle Accident Claim
The motorcycle accident lawyers at Florin|Roebig are here to provide the people of Daytona Beach with a helpful consultation. When you set an appointment to discuss your motorcycle accident claim, you take a pivotal step toward putting the accident in your rearview mirror. Contact us today for a free case evaluation of your personal injury claim.