What To Do After You’ve Been In A Motorcycle Accident In Florida
Michael Babboni
Motorcycle Accidents
Most people are surprised to learn that in the state of Florida the average motorcycle rider is over forty, married, and is typically in a professional or managerial position earning over $50K per year. You would think this group of people would have lower accident rates which is true for auto accidents but it is not motorcycles. Add to that, the state of Florida at the top in the nation for motorcycle accidents. 19% of fatal accidents in Florida involve a motorcyclist. One of the reasons for these high numbers is that Florida does not have a helmet law.Motorcycle Safety Laws In Florida
While the state of Florida does not have a helmet law, there are other safety laws for the protection of motorcycle riders. The law in Florida Stipulates that:
● Eye protection is required
● Motorcycle must have both a footrest and seat for passengers
● Rider Education course is required for a first time motorcycle license
● Mirrors must be on both sides as well as turn signals
● Handlebars cannot be higher than the riders shoulders when seated
● Mufflers are limited to 86 decibels maximum
● Mandatory headlight use in daytime
● No lane splitting
● A motorcyclist must carry minimum liability required by the state of Florida
Motorcycle Accident Injuries
It is extremely rare that when a motorcycle is involved in a collision that the motorcyclist walks away unharmed. Most motorcycle riders experience injuries because they are ejected from the motorcycle at the time of the accident. In addition to limb amputations, paralysis head trauma leads the list as the leading cause of death in motorcycle accidents. Many end up having to live with a traumatic Brain Injury (TBI) and can never again live an independent life.
Motorcycle riders can also suffer from concussions, less serious than TBI but still be life-threatening.
Florida Motorcycle Accident Liability
Liability for a motorcycle accident is often difficult to determine. Since a common misconception is that the “biker” is reckless, hard living, and have a death wish. Far from the truth in most cases. Every motorcycle accident has different circumstances so liability is determined by many factors, including road conditions, weather conditions, the speed at which both drivers were traveling at and driver error. In the majority of cases, the driver of the passenger vehicle has violated the motorcyclists right of way. In addition to be another person’s fault, the accident could have been due to a defective part in the motorcycle. If this is found to be the cause of the accident, the motorcyclist can file a lawsuit against the motorcycle manufacturer or the parts maker.
In the state of Florida, you are not covered by no-fault auto insurance, so you are not limited in the damages you seek and can also include pain and suffering in your lawsuit.
Damages You are Entitled To Request After Your Motorcycle Accident
While every motorcycle accident is unique and the circumstances are different, if you were injured due to another driver's negligence, you can request damages for your injuries.
The damages you can request include:
● Medical Expenses: This includes all doctor expenses, hospital, emergency room, ambulance, Therapy and medication. Your personal injury attorney will help determine past, present and future medical expenses.
● Lost Wages: This includes time you were unable to work because of your injuries. It also includes future earnings if you cannot return to your job.
● Pain And Suffering: The pain and suffering you are experiencing due to your injuries from your motorcycle accident.
● Emotional Trauma: Any emotional trauma, anxiety, depression, grief, PTSD that occur after the motorcycle accident.
● Loss of Consortium: Loss of consortium is the loss of care, affection, companionship between spouses.
What Steps To Take After A Motorcycle Accident
Once you are out of the hospital, the first step is finding a good personal liability attorney whose expertise is in motorcycle lawsuit. The best way to help your motorcycle attorney is to never sign anything without your attorney looking at it first. No matter how nice the insurance adjuster acts towards you, keep in mind they work for the insurance company and their profit is their bottom line. The adjusters job is to get you to settle for the least amount possible. If the adjuster calls, refer them to your attorney. Another bad idea is to discuss your accident or injuries, post photos or memes on any social media no matter how harmless it seems. You cannot be too careful. Find a personal injury attorney you can trust and let them do the work.
When it comes to dealing with insurance companies, the St. Pete Layer has a reputation for getting our clients the compensation they deserve. Since we specialize only in personal injury cases, we are experts at confronting the insurance companies, allowing you to focus on healing and resting knowing your case is in good hands. Located on Center Street in St. Petersburg, stop by or call us for a free consultation to learn more.