In Florida, the weather is perfect for riding a motorcycle all year long. Whether you ride for recreation or necessity, then you know that this choice of transportation comes with risks.
Florida’s roads are crowded with aggressive drivers who go too fast, and riders know that drivers are not good at seeing motorcyclists on the road.
The result is that too many riders are injured or killed every year through the fault of passenger vehicles drivers. Motorcyclists don’t have the protection of a steel frame around them like people in cars do. Consequently, these accidents can be especially hazardous and deadly.
If you or someone you love has been injured in an accident, then you require the services of a skilled motorcycle accident lawyer. Your Insurance Attorney has the resources and experience that are needed to investigate these incidents. This means that it’s possible to conduct knowledgeable negotiations with insurance companies.
Additionally, because our practitioners are also lawyers, they are empowered to take your case before the courts if the insurance company refuses to consider an equitable settlement.
According to the Insurance Institute for Highway Safety, there is an average of 4,000 motorcycle fatalities in the U.S. each year. This accounts for some 13 percent of all traffic fatalities.
Ride Smart Florida reports that this percentage is even higher within the state. The organization says that approximately 400 motorcyclists die here each year, and this equals about 15 percent of all traffic fatalities in Florida.
Moreover, statistics suggest that motorcyclists are 35 times more likely to die in a collision than they would be if they were in a car or truck.
Whether they are in a car or on a motorcycle, everyone who uses Florida’s highways and byways owes a duty of care to all of the other people on the road. This means doing your best to follow the law and the rules of the road, as well as remaining alert to the other people with whom you are sharing the road.
Nonetheless, drivers and riders routinely breach this duty. Accidents of varying degrees of seriousness are frequently the result. When injuries are sustained by the victim of one of these collisions, that victim has the right to pursue compensation for the damages they received.
At-fault drivers may be guilty of numerous infractions like swerving, speeding, improper lane change, failure to yield, use of a mobile electronic device while driving, or “driving under the influence” [of alcohol and other drugs] (DUI).
When a motorcycle accident attorney can show that a driver was negligent and caused injuries to a motorcyclist, then it is possible for the victim to get compensation to help pay for things like medical bills, and damages for pain and suffering and emotional distress.
This is where the experience and insight of a Florida motorcycle accident lawyer proves to be especially valuable.
In general, it is not easy to establish a driver’s negligence in a motorcycle collision. Doing so requires a thorough investigation at a minimum, and it may be necessary to obtain the testimony of expert witnesses as well.
Complicating the process is the fact that numerous parties may have been at least partially at-fault in the accident. In other words, if all of those parties had exercised appropriate caution on the road, then the accident wouldn’t have occurred.
Florida law relies on a comparative negligence theory, which means that the negligence or fault for an accident may be distributed amongst several parties.
As an example, consider that you are a motorcyclist who is speeding. The driver of a car fails to yield the right of way to you, and a collision occurs. Rather than finding that the car driver is solely responsible, it may be determined that the driver was 80 percent at fault, while you were 20 percent at fault.
This means that you can only recover 80 percent of the damages to which you would have been entitled if you had not been at fault in the accident.
As you can see, it’s critical that you consult with a motorcycle accident attorney as soon as you can after a crash. This makes it possible for the lawyer to conduct a full investigation that helps to minimize the blame that’s placed on you and ensures that the at-fault party’s insurance company must compensate you for your damages.
Contacting a motorcycle accident lawyer as soon as possible after a collision just makes sense. Acting quickly ensures that your legal representative has a chance to review all evidence and obtain witness testimony while it is still fresh in their minds.
Your Insurance Attorney will investigate all of the factors that may have contributed to the accident to ensure that negligence in the incident can be assigned to the proper parties.
Your motorcycle accident attorney will handle all of the negotiations with the at-fault driver’s insurance company. Thanks to his knowledge of insurance law and policy language, it may be possible to obtain a favorable and appropriate settlement without the need to file a lawsuit.
However, working with Your Insurance Attorney provides you with a distinct advantage if these negotiations fall through. They can immediately file a lawsuit that will help you recover the compensation you deserve so that you can get on with your life.
Injuries from motorcycle accidents can be especially debilitating, and if you are dealing with the untimely loss of a loved one, then you definitely shouldn’t try taking on the insurance company by yourself.
Given the great number of factors that come into play when establishing negligence in a motorcycle accident, it pays to have a seasoned legal professional working on your behalf.
Best of all, Your Insurance Attorney doesn’t get paid unless you do. No matter what stage your claim is in, contact us to get the guidance you need.
Your vehicle will be repaired once the insurance company at fault completes its liability investigation. This investigation includes, but is not limited to, reviewing the police report, speaking with their insured and speaking with the driver. This investigation can take anywhere from a couple of days to a couple of weeks.
Once the at fault insurance company completes its investigation it will either send someone out to do an estimate of the damage to your motorcycle or request that you take photos of the damage to your vehicle and send it to them.
If you do not want to wait for the at fault insurance company to complete its investigation, you can use your collision coverage on your own motorcycle insurance policy, if you have it.
DO NOT speak with any insurance companies, not even your own insurance company. Contact our office immediately advising us that you received an insurance call.
A police report is typically available within 7 business days after your accident.
In the state of Florida, your auto insurance company pays up to $10,000 towards your medical bills that pertain to your medical treatment as it relates to the injuries you sustain in this accident. This is the case whether it is your fault or not.
Each case is different. It is not possible to provide a number, or even an estimate, from the onset of any case.
Once you have completed your medical treatment, we will send a demand letter to the insurance company at fault, which will include all of your medical records and bills. Once the insurance company receives the demand, they have about 30 days to respond to our offer to settle with a counter offer or acceptance. We will then contact you to discuss the offer presented and what the next step would be in our negotiation process.
Every case is different. However, most cases take approximately 6 months to a year. If we have to file suit, it may take longer.