Filing a Motorcycle Accident Lawsuit in Florida
If you choose to file a claim with your insurance company or if you decide to bring a claim in or out of court against a negligent driver, the legal process can be highly complicated. A Fort Lauderdale motorcycle accident lawyer can aid you in negotiating between you and the insurance companies, helping you to take the appropriate steps in proving your case, and protecting your rights.
Ginnis & Krathen, P.A. is a knowledgeable motorcycle injury law firm in Florida that has represented victims of motorcycle accidents successfully. No matter how difficult the circumstances of your case may be or the level of injuries and property damage involved, our team of attorneys want to assist you in getting the reimbursement you deserve for your pain and suffering.
For one-on-one, personalized legal services contact our team online or by phone at (954) 905-4600. We speak English and Spanish for client convenience.
On This Page:
- Motorcycle Accident Damages
- How Do Motorcycle Accidents Happen?
- Common Motorcycle Accident Injuries
- What If I Wasn’t Wearing a Helmet?
- Hire a Motorcycle Accident Attorney Today!
What Kind of Damages Can You Recover in a Motorcycle Accident Claim?
Similar to other personal injury claims, when you file a motorcycle accident lawsuit you may be able to collect compensation for the following:
- Lost income if you are forced to miss work while recovering
- Medical expenses (including surgery, therapy, ambulance fees, etc.)
- Pain and suffering
- Lost future earnings if you are unable to return to work after your accident
- Punitive damages if the responsible party was behaving in a particularly reckless manner at the time of the accident
Every claim is unique because no accident is the same. If you would like help determining a fair settlement for your injuries, contact our firm today to discuss your accident in a free initial consultation.
Common Causes of Motorcycle Accidents
People who ride motorcycles are especially vulnerable to suffering severe, life-altering injuries after a crash. According to research, motorcyclists are 27 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and are over five times as likely to be injured.
Research has also shown that the majority of accidents are caused by drivers of motor vehicles. Some of the most common causes of motorcycle accidents involve:
- Dooring: This refers to parked cars that open their doors in the path of oncoming motorcycles. Unfortunately, this happens fairly often when drivers and passengers fail to check that it’s safe to open their doors.
- Unsafe lane changes: All drivers must signal and check their blind spots before they merge into traffic or change lanes in order to avoid colliding with others. Unfortunately, many people skip this step, which can prevent them from noticing a motorcyclist in the next lane.
- Speeding: Speeding is a leading cause of all motor vehicle accidents. When drivers go above the speed limit, they have less time to slow down behind motorcyclists or swerve to avoid hitting a motorcyclist who may be changing lanes or weaving.
- Drunk driving: Intoxicated drivers are often known to make risky decisions like run red lights or stop signs or drive too fast. Drivers also tend to be distracted and may not be able to see a motorcyclist who is riding beside them. All of these factors create a danger for motorcyclists and can cause serious accidents.
- Left-turn accidents: At intersections, drivers often cause accidents when they attempt left-hand turns in front of oncoming motorcyclists as a result of misjudging the rider’s distance or speed. These are also known as right of way errors.
What Are the Most Common Motorcycle Accident Injuries?
Because motorcyclists lack the same kind of protection that occupants of vehicles have, they tend to suffer catastrophic, or permanent injuries that require lifelong care. Some examples of motorcycle crash-related injuries include:
- crushed or broken bones
- spinal cord and neck injuries
- brain injuries
- road rash
- internal organ damage
- eye injuries
Some injured motorcyclists are physically disabled for the rest of their lives and are forced to leave their jobs when they can no longer perform their required tasks.
If I Wasn’t Wearing a Helmet When I Crashed Can I Still Get Compensation?
If your accident was caused by someone else’s negligence, you may still be eligible for compensation, even if you weren’t wearing a helmet. However, you compensation may be reduced if any of the following is true:
- You are under 21 and were therefore breaking Florida law by not wearing a helmet
- You were required to wear a helmet because your insurance coverage did not meet the $10,000 requirement
- You misrepresented yourself to your insurance company by telling them that you typically wear a helmet while riding
- You suffered more severe injuries because you were not wearing a helmet at the time of your crash
While you may still be able to recover some compensation, Florida’s comparative negligence law allows for your settlement to be reduced according to the percentage of fault you had in the accident. If you are concerned you may not be able to recover compensation, reach out to our firm today to discuss your case in a free consultation.
Call Us for Personalized Representation
If you or a loved one was injured in a motorcycle accident in Fort Lauderdale or the surrounding areas such as Miami or West Palm Beach, it is vital that you acquire the assistance of a motorcycle injury attorney urgently. When it comes to motorcycles, the insurance laws and vehicle regulations are not the same as those for a car or other vehicle. A knowledgeable motorcycle accident lawyer can assist you in navigating your way through the complicated process of negotiating with insurance companies involved in rebuilding and reenacting the accident, proving the other driver’s negligence.
Our team of attorneys has successfully helped motorcycle accident victims or their family members obtain the compensation they deserve. Because of the severe injuries typically involved with bikers and their passengers, motorcycle accidents can be especially devastating. If the accident was due to another driver’s negligence, unsafe roads, a manufacturer defect, or some other extraneous reason, we want to assist you. We can exhaustively investigate your accident, negotiate between insurance companies involved, and deliver a compelling and honest case to the court. Our motorcycle accident lawyers in Fort Lauderdale can give you the personal attention you need to assist you in getting the reimbursement you deserve.