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Motorcycle Accident Lawyer

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Motorcycle Accident Injury Lawyer

In this article, we’ll break down:

Motorcycle accidents are the cause of some of the most severe and debilitating injuries that take place on the road. We’re not talking about fender benders. When a motorcycle and car collide, there’s a high probability that the motorcyclist will face a severe, sometimes life-threatening injury even when the car’s passengers walk away unharmed.

Unfortunately, you can be the safest motorcyclist out there, but you still can’t control the drivers on the road around you. If you’re injured by a driver while riding your motorcycle, you have the right to file a claim against them to recover your damages.

What are the Most Common Driver Mistakes Linked to Motorcycle Accidents?

Driver negligence can come in many forms. Distracted driving is one of the big ones and is a major contributor to motorcycle accident injuries.

Not surprisingly, cell phone use while driving is a leading contributor to distracted driving. Any time a driver takes their eyes off the road to check their phone, talk to someone in the car, or do anything other than looking forward and drive, they’re less likely to notice a motorcycle and more likely to cause a serious accident.

Failing to thoroughly check blind spots is another big cause of motorcycle accidents. A quick glance at your car’s blind spot to make sure a fellow four-wheeled vehicle isn’t alongside you isn’t good enough.  It’s each driver’s responsibility to check their vehicle’s blind spot for motorcycles before changing lanes.

The most common mistakes drivers make to cause motorcycle accidents include:

  • Distracted driving
  • Aggressive driving
  • Failure to check blind spots
  • Failure to abide by road signs and traffic laws, including traffic stops and signals
  • Speeding
  • Impaired driving

Any of these mistakes may violate what the Florida court looks at as the duty of care drivers owe to all other motorists on the road; a duty to drive safely and follow the rules of the road. If you’re in a motorcycle accident in which any of the above actions occurred, then you may have a negligence claim against the driver for breaching their duty of care.

What Should You Do if You’re in a Motorcycle Accident?

The first step to take after a motorcycle accident is to make sure you and anyone else involved in the accident has the necessary medical care.  When seeking treatment, make sure to be honest with your medical provider when it comes to your current injuries and your medical history, including any past medical care you have received or any prior accidents. You don’t want to give the insurance adjuster any reason to question your honesty and integrity.

The second step is to gather evidence from the accident scene. If you’re able to remain at the scene, call the police so they can take formal statements from everyone involved. If the other driver is at fault, these statements may be useful evidence to prove negligence.

Next, speak to witnesses and gather their information. Ask them what they saw, if they noticed whether the driver was distracted or driving aggressively, or any other details that can help you point to driver negligence.

Photos are another excellent source of evidence. Take photos showing the condition of your bike, the condition of the driver’s car, the surrounding road or intersection, and other key environmental factors involved.

Why is evidence of driver negligence important? Because the burden of proof is on you to prove the driver was negligent and that their negligence caused the motorcycle accident. The evidence you gather following the accident is what you’ll use when presenting your claim to the at-fault driver’s insurance company.  Most importantly, having an experienced advocate who is skilled in presenting the facts of the case in a manner that is most favorable to your claim is one of the key elements in recovering a fair settlement.

Quick Tip: Here’s one way to prove the automobile driver was the at-fault party in a motorcycle accident – Florida Statute 316.209 states:

(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane.
Proving the automobile driver is the at-fault party in a motorcycle accident: If the motorcyclist can show that the automobile driver violated the statute above, then that violation is considered to be evidence of negligence. However, if the motorcyclist has himself violated one of the many motorcyclist statutes (there are several under Chapter 316), then they are likely going to contend with a contributory negligence (a/k/a comparative negligence) claim. Meaning, the amount of the motorcyclist’s damage award will be reduced (not barred, but reduced, as long as the motorcyclist takes the right steps).

 

What Value Will a Motorcycle Accident Lawyer Add to Your Case?

A motorcycle accident lawyer can help you navigate the process of how and when to file a motorcycle claim in Florida, and how to get the insurance company to make a fair settlement offer.  Most importantly, your lawyer can give you direction on the type and the amount of damages you can recover for your injuries. After all, the goal of any claim you file to recover enough compensation to make you whole again.  Also, an experienced personal injury lawyer will be able to tell you how most insurance companies deal with motorcycle accident claims. Do they settle?  Will you have to file a lawsuit?  Are they likely to settle before a jury is asked to render a verdict? How aggressive will they be if you have prior injuries or have had surgery in the past related to the injury for which you are now making a claim?

How to Hire the Best Motorcycle Accident Lawyer for Your Case

It’s not just about having a lawyer; it’s about having the right lawyer–one who will walk you through each step and give you the best chance of recovering your losses.

First, search for a personal injury lawyer with motorcycle accident experience. Has the lawyer litigated an accident lawsuit like yours in the past? Have they negotiated with insurance adjusters to get clients the most compensation possible? Are they familiar with Florida’s insurance laws, including how most insurance companies deal with these claims?

Motorcycle accidents can have large damages. Victims can have large medical bills, extensive and long-lasting pain and suffering, and substantial lost wages due to long injury recovery times. You should have a lawyer who is seasoned in negotiating reductions in medical bills and someone who is familiar with ERISA plans, Medicaid and Medicare liens, and the like.

Read: Florida Car Accident Damages

If you or a family member were injured by a driver in a motorcycle accident, consult with an experienced motorcycle injury lawyer who has 38 years evaluating personal injury cases, applying the law, and effectively asking juries to render a favorable verdict.

Hire someone who has decades of experience evaluating accident facts, applying the law, and who has vast experience in asking juries to render favorable verdicts for his clients.

Call Alan Sackrin Today to Get a Free Case Evaluation

Alan Sackrin offers a free initial consultation (over the phone or in-person) to answer your questions. When you’re ready to speak with a motorcycle injury lawyer about your case, give Alan a call at 945-458-8655.