Working with a motorcycle accident lawyer is the most effective way to maximize the compensation you recover for accident-related damages. A motorcycle accident lawyer in Florida will protect your rights as you deal with the other complications from the accident, so get one immediately for your motorcycle accident claim.
Understanding Motorcycle Accidents
Motorcycle accidents refer to collisions or incidents involving motorcycles. Because of the increased vulnerability of riders, such incidents often result in damage, injuries, or fatalities. Motorcycle accidents can include just motorcycles, pedestrians, or larger passenger vehicles.
Statistics on Motorcycle Accidents
Motorcycle accidents are unfortunately common. This is partially due to motorcycles’ lack of protection. According to the National Highway Traffic Safety Administration, motorcyclists are 28 times more likely, per vehicle miles traveled, to suffer fatal injuries in accidents than occupants of other types of vehicles.
Common Causes of Motorcycle Accidents
Motorcycle accidents occur for a variety of reasons. Insurance companies often have an intrinsic bias against motorcycle riders and try to hold them liable.
In many cases, however, motorcycle accidents occur because of factors outside the rider's control:
- Unsafe lane changes: Motorcycles occupy a smaller space on the road and have a smaller visual profile than larger passenger vehicles. As a result, many drivers cannot see those vehicles in their blind spots. If they do not pay adequate attention, they can cause an accident.
- Speeding: Motorcycles are generally much more maneuverable than passenger vehicles, making their drivers comfortable traveling at a higher rate of speed. Speeding, however, can make it more difficult to control the vehicle. When other drivers speed, they may have less time to respond to a nearby motorcycle.
- Distracted driving: Because motorcycles fit a much smaller visual profile than larger passenger vehicles, distracted drivers may struggle to track them on the road, increasing the risk of a collision.
- Lane splitting: In most states, lane splitting, or traveling between two stopped or slowed lanes of traffic, is illegal. It is also generally illegal for a larger passenger vehicle to move into a lane on top of a motorcycle.
- Aggressive driving: Some drivers do not like sharing the road with motorcycles, so they may try to encroach on the motorcyclist's space or otherwise engage in aggressive driving behaviors that increase the risk of an accident.
Other frequent causes include lack of visibility, inexperience, and mechanical failures.
Typical Injuries Sustained in Motorcycle Accidents
Because motorcycles lack the protective enclosures that vehicles have, motorcycle accidents often result in severe injuries. Common injuries include road rashes, minor scrapes, and bruises, and more serious conditions such as broken bones, internal organ damage, spinal cord injuries, traumatic brain injuries, and, in some cases, death.
While wearing a helmet decreases the risk of a traumatic brain injury, it does not eliminate it completely.
The Legal Rights of Motorcycle Accident Victims
Understanding your legal rights as a victim of a motorcycle accident is crucial. It fuels your ability to ensure you receive fair compensation for the damages you may have suffered.
An Explanation of a Motorcycle Victim's Legal Rights
Motorcycle accident victims have legal rights to seek compensation for injuries, medical expenses, lost income, property damage, and pain and suffering. These rights involve pursuing legal action against responsible parties to ensure fair compensation and justice for damages.
You may seek economic (quantifiable financial losses such as medical bills or lost earnings) or non-economic (abstract costs including emotional distress or pain and suffering) damages.
You also have the right to legal representation in all accident-related dealings, including discussions with involved parties or potential litigations. You do not have to sign documents or make statements until you call your lawyer.
Many accident victims believe they must accept a settlement offer before discussing their needs with an attorney. Not having an attorney could limit the compensation you recover, increase your frustration, and leave you feeling unsupported as you navigate the claim process.
The Importance of Protecting Your Rights
Protecting your rights after a motorcycle accident is crucial for several reasons. Immediately after an accident, insurance companies might attempt to get you to settle for less than what you deserve or make statements that could harm your case.
Understanding your rights can prevent you from unintentionally undermining your claim and ultimately allow you to recover a higher level of compensation for the damages you suffered because of the accident. Failing to claim all your damages can create financial struggles long after the initial incident.
Knowing your rights can give you the leverage to ensure that the insurance company deals with you fairly. This helps ensure you can cover medical expenses, make up for lost earnings, and even receive compensation for the emotional distress the accident caused. It can also help you understand your right to fair dealings with the insurance company, positively influencing your mental health as you deal with your claim.
Your rights remain the same, regardless of whether or not you wore a helmet at the time of the accident.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident lawyer represents individuals who have been in motorcycle accidents and are seeking compensation for damages and injuries. Their role involves completing crucial tasks to ensure their clients receive fair compensation and appropriate legal protection following an accident.
Investigating the Accident
A motorcycle accident lawyer will diligently investigate the circumstances of the accident, gathering and examining evidence such as accident reports, witness testimonies, photographs, and video footage. If necessary, they will also work with accident reconstruction experts.
Determining Liability
A motorcycle accident lawyer will establish the other party's liability, ensuring you do not unfairly take the blame for the accident. This involves proving the other party's negligence, a critical step in securing rightful compensation. Negligence can include several factors, such as distracted driving or ignoring the rules of the road.
Assessing Damages
A lawyer will assess the extent of your damages and injuries, calculating the appropriate compensation for current and future medical expenses, lost income, pain and suffering, and other possible costs. Your lawyer will chase down critical information about your damages, including past copies of medical bills or statements from your care provider about the potential consequences of your injuries.
Negotiating With Insurance Companies
Lawyers possess advanced negotiation skills and will strive to maximize your compensation by dealing with insurance companies on your behalf. They have comprehensive knowledge of motorcycle laws and are adept at dealing with and negating insurance companies’ tactics to reduce or deny compensation. They shield you from low offers and exploitation.
Filing and Managing a Lawsuit in Court
If the insurance company refuses to offer a fair settlement, your lawyer will take your case to court.
How a Lawyer Can Help at Different Stages of the Case
Whether you are beginning your case or are halfway through, a motorcycle accident lawyer can provide indispensable assistance.
Post-Accident
Immediately after the accident, a lawyer will guide you through essential steps and mistakes to avoid, protecting your claim from the very start. The sooner a lawyer starts collecting vital evidence, such as witness statements, the more accurate it will be. Starting early also increases the likelihood that your lawyer will find the necessary evidence to prove your case.
During the Claim Process
A lawyer reviews your insurance policies, compiles a solid claim with strong substantiating evidence, and submits it to the insurance company. They handle all subsequent communication, protecting you from statements that could harm your case and reducing your stress as you handle the complex aftermath of a motorcycle accident claim.
Negotiation Phase
If the insurance company disputes the claim or offers an unacceptable settlement, your lawyer will employ their experience and skills to negotiate for you. During the negotiation process, a lawyer protects your right to maximum compensation, discusses each settlement offer with you, and explains what to expect.
Pre-Litigation and Litigation
If the involved parties cannot reach a fair agreement, your attorney will file a motorcycle accident lawsuit against the liable parties, taking your case to court. They will guide you through this potentially intimidating process while representing you and your interests.
A lawyer serves as your advocate in court. They present your case and the evidence for your claim to show the damages you suffered due to the other party's negligence and argue for fair compensation.
Why You Should Hire a Lawyer
Navigating a motorcycle accident case without legal assistance is mentally taxing, and you could receive only minimal compensation or face a denial of your claim. Having a lawyer can streamline the process while maximizing your chances of a favorable outcome.
The Critical Nature of Legal Support
The legal journey surrounding motorcycle accidents can quickly become complex and confusing, particularly when it comes to issues such as dealing with insurance companies, determining liability, and calculating the appropriate amount of compensation.
Without a thorough understanding of the law, insurance, and legal systems, you will jeopardize your ability to receive rightful compensation.
A lawyer possesses the necessary legal knowledge to effectively navigate this process. They know the ins and outs of the laws relating to motorcycle accidents and the methods insurance companies employ to minimize or reject claims. They explain every step of the process to you, ensuring you understand your case and proceedings.
How a Lawyer Can Help Maximize Compensation
Victims of motorcycle accidents often underestimate the value of their claim, failing to account for future expenses, ongoing medical costs, or non-economic damages, such as pain and suffering. A lawyer accurately assesses your damages, ensuring you seek compensation that reflects the true extent of your losses.
An attorney will fight on your behalf during negotiations with insurance companies, deterring them from downgrading the value of your claim and pushing for the maximum compensation you deserve.
Dealing With Insurance Companies
Insurance companies focus on protecting their own rights as they navigate each claim.
They often try to minimize the amount they pay out by deploying the following tactics:
- Disputing the severity of the victim's injuries: They may insist that you could not have sustained your injuries during the accident or that you did not really need the care you claimed.
- Blaming the victim for the accident: If the insurance company can show that you caused the accident, it may prevent you from obtaining the compensation you would otherwise deserve for your injuries.
- Offering a low settlement offer.
The insurance company may also take your statements out of context, including comments about your weekend plans or any information you might provide about your ongoing recovery. An experienced motorcycle accident lawyer protects you from falling prey to these tactics.
Contact a Lawyer To Discuss Your Motorcycle Accident and Your Rights
While hiring a lawyer following a motorcycle accident is not mandatory, there are clear benefits to having legal representation. A competent lawyer can provide invaluable assistance by protecting your rights, advocating for your interests, and helping you secure the compensation you rightfully deserve.
Many people wait too long to contact a lawyer after a serious motorcycle accident. Do not miss out on the full compensation you deserve. Hire a lawyer to handle your motorcycle accident claim today.
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James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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