If you were injured in a motorcycle accident due to someone else’s negligence, consider working with a Florida motorcycle accident lawyer from Eltringham Law Group to claim maximum financial compensation.
Many people love riding motorcycles around Florida. Who doesn’t enjoy the feeling of freedom? But one downside to riding a motorcycle is it can be extremely dangerous. Riders don’t have the shell of a vehicle or steel cage to protect them. Their motorcycles are also much smaller than other vehicles on the road, making them difficult to see. Both drivers and motorcyclists have a responsibility to be careful on the road. Not doing so can result in an accident that causes serious injuries.
Eltringham Law Group are experienced Florida motorcycle accident lawyers and personal injury attorneys with a track record for achieving results on behalf of injured motorcycle riders. Contact our offices to begin your motorcycle injury recovery.
Common Causes of Motorcycle Accidents in Florida
Motorcycle accidents can occur for a variety of reasons. Some of the most common we see in Florida include:
Violating the rules of the road: Bad drivers that violate the rules of the road greatly increase the risk of a serious motorcycle accident. Especially drivers who are drunk behind the wheel or are distracted, speeding, disobeying traffic signals, and more.
Failure to check blind spots: Because motorcycles are so small, they can more easily fall into a driver’s blind spot. The bad driver may try to get over without seeing them and end up colliding with them or running them off the road.
Door accidents: Drivers are responsible for checking for vehicles before opening their car doors into traffic. However, many fail to do so. This can be particularly dangerous for motorcyclists, leading to “dooring” accidents.
Poor road conditions: Debris, potholes, wet roads, and low visibility can be extremely hazardous for someone driving a motorcycle.
Lane Splitting: Many motorcyclists take advantage of the fact that they are driving small vehicles and weave in and out of lanes. While this can help riders reach their destination faster, it also substantially increases the risk of a motorcycle accident.
Vehicle defects: An accident may be caused by a motorcycle defect or another vehicle. In these instances, the vehicle manufacturer or mechanic may be to blame.
Common Motorcycle Accident Injuries
Common motorcycle accident injuries include the following:
- Road rash
- Shoulder & knee injuries
- Disc herniations & bulging discs
- Broken bones
- Spinal cord injuries
- Head injuries, including concussions
- Brain Damage (often referred to as TBI)
- Organ damage
- Post Traumatic Stress Disorder
Florida Motorcycle Insurance Requirements
Florida’s PIP laws only cover owners of motor vehicles with four wheels. Florida PIP insurance (medical expense payments coverage) does not include motorcycles riders or other self-propelled vehicles. That means if you or a family member are involved in a motorcycle accident, you cannot rely on PIP coverage to pay for your medical expenses.
However, the law does allow motorcyclists to pursue bodily injury claims and recover medical expenses against the negligent bad drivers & rule violators who hurt them. This includes other drivers, manufacturers, government entities, and more.
Florida’s Motorcycle Laws
It is up to motorcyclists to be careful on the road. If they break the law, they may be found partially or fully responsible for an accident. Which may negatively impact their right of financial recovery against the driver that injured them.
Here are some laws to be aware of when riding.
- You must have a specific motorcycle license or a driver’s license and motorcycle endorsement to ride.
- Riders over the age of 21 may operate or ride motorcycles without helmets as long as they’re covered under an insurance policy that offers at least $10,000 in injury benefit protection.
- Riders under 21 must wear a helmet. Helmet wearing is optional for riders over 21, but it is advisable.
- Riders of all ages must wear eye protection such as goggles or face shields while operating a motorcycle, even the motorcycle is equipped with a windshield. Sunglasses and prescription glasses are usually not considered adequate to meet the eye protection requirement.
- Lane splitting is illegal in Florida.
- Riders can ride no more than two abreast.
- Wheelies and other stunts are illegal.
- Riders may not carry passengers unless they have a designated seat for them to sit on.
- Riders must always have their headlights on.
- Riders may not listen to devices that interfere with their ability to hear.
- Bikes must be equipped with mirrors that allow them to see behind them for 200 feet.
What to Do After a Motorcycle Accident in Florida
Take immediate steps after being in a motorcycle accident to facilitate your recovery and preserve the strength of your case. These include:
- Call 911/the Police: It is critical to have local law enforcement come to the scene (even if you have to wait) and document the accident. This is still true for minor motorcycle accidents or if you do not think you’re really injured. Having a police report is absolutely essential for the future success of any motorcycle accident case. On the other hand, not having a police report can often severely prejudice & lower the potential value of your case.
- Take pictures: If you feel well enough & traffic conditions permit, we strongly recommend that you take pictures of ALL INVOLVED vehicles in the accident to document any damage.
- Get the contact info of everyone involved: Get the names, license plates, and insurance information of everyone involved in the accident (this is typically done by law enforcement at the scene).
- Get witness info: Get the name, phone number, street address, and email of ALL uninvolved 3rd party witnesses on the scene. This is super important because we have had many past motorcycle accident cases where the witnesses are long gone by the time law enforcement arrive on scene. These neutral witnesses can often make or break your motorcycle accident case if the at-fault driver or their insurance company tries to wrongly blame the accident on you.
- Get prompt medical attention: It’s vitally important to get prompt medical attention as soon as possible after a motorcycle accident. Preferably, by going to the local ER or other urgent care provider immediately after your accident!!! This is true even if you think your injuries weren’t that bad or you’re just a little sore. If you don’t see a medical professional right away and document your related injuries the insurance company will almost always try to falsely claim that you were not injured in the accident even though you clearly were.
Do You Need a Florida Motorcycle Accident Lawyer?
If your injuries weren’t that bad, you might assume you can handle a motorcycle injury claim yourself. However, if there is a lot at stake, hiring an experienced motorcycle accident legal team is highly advisable.
Insurance companies pray on and totally take advantage of motorcycle accident victims that go it alone without an experienced motorcycle accident lawyer. Often, when you report an accident in Florida potentially worth a lot of money, the insurance company will twist your words to make it seem like the accident was your fault, or they will try to give you as low a payout as possible because of things like your past medical history or falsely claiming that you were speeding when you were not.
The fact is, national studies show that injured victims with motorcycle accident lawyers obtain average net settlements (the amount you take home after medical expenses, attorneys fees & costs) that are at least 3x higher than DYI motorcycle accident victims. But from what we see we think that number is probably much, much higher here in Florida–so whatever you do, DO NOT go it alone or you will pay dearly. Our Florida car motorcycle accident lawyers have decades of experience dealing with insurance companies so you get every penny you’re entitled to under Florida car accident law, NEVER less!!!
Don’t let these unfair tactics prevent you from getting a fair motorcycle accident settlement. Put our lawyers‘ backgrounds in personal injuries involving motorcycle accidents to work for you. We can represent your case from start to finish.
Contact our Florida Motorcycle Accident Attorneys Today
Call Eltringham Law Group now if you were injured in a motorcycle accident due to someone else’s negligence. We care and fight so that you can move forward with your life after a motorcycle accident. Contact our Florida motorcycle accident lawyers today online or by phone.
Motorcycle Accident Case FAQs
What kind of compensation can I get for my motorcycle accident claim?
The compensation you can get for your claim will vary depending on your personal and professional situation. Still, you may be eligible to collect damages for medical expenses, lost wages, and emotional pain and suffering.
Does it matter if I was not wearing a helmet at the time of the accident?
If you were over 21 and not wearing a helmet, it shouldn’t affect your ability to collect damages.
What is the statute of limitations on a motorcycle accident claim?
According to Florida law, you have four years from the date of the accident to file a claim.