Motorcyclists do not have the same protections as drivers and passengers in other vehicles, so they often suffer serious injuries even in seemingly minor accidents. If you suffered injuries in a motorcycle crash and another driver was responsible, you can hold them liable for compensation to cover any related damages. This money covers medical bills, lost wages, ongoing care, pain and suffering, and other accident-related costs.
At the Law Offices of Anidjar & Levine, our Cape Coral personal injury lawyers can help you understand your options for compensation based on the specific details of your case. Call us today to schedule a free consultation with a motorcycle accident lawyer in Cape Coral.
We Can Hold The Driver Liable For Your Motorcycle Accident
In order to file a claim for your motorcycle accident injuries, we need to show the other party acted negligently. For example, when a driver runs a red light, they break a traffic law that exists to keep you safe. By breaking this law, they caused an accident and thus your injuries. They are, therefore, responsible for paying for the damages that resulted from the accident.
Some of the most common causes of motorcycle accidents include:
- A driver who pulls out in front of a motorcyclist;
- Speeding drivers who cut off motorcyclists behind them;
- Distracted drivers;
- Defective brakes on motorcycles;
- Road maintenance issues; and
- Debris in the road.
It is important to note that the liable party is not always another driver. Sometimes the party who acts negligently and causes your accident is a parts manufacturer, a driver who is not directly involved, or even the government agency tasked with maintaining the road. We can help you identify the at-fault party when we file your Cape Coral motorcycle accident injury claim or lawsuit.
What If The Other Party Blames Me For The Motorcycle Accident?
Florida has a modified comparative fault statute that applies when you share the fault for an accident with another party. According to Florida Statutes § 768.81, you can still file a claim and collect compensation, but you must be more than 50 percent at fault for the accident. If you are partially responsible for the accident under this threshold, you may not get the full value of your damages. There are a number of ways motorcyclists contribute to their own crashes. This may include:
- Failing to use lights or proper signals;
- Speeding;
- Swerving in and out of traffic;
- Lane splitting; and
- Breaking other traffic laws.
If you were not wearing a helmet at the time of your crash, the at-fault driver or their insurer may try to use that to reduce your payout. They do this by arguing that your injuries would not have been as severe had you been wearing a helmet. While Florida law allows insured motorcyclists over 21 years of age to ride without a helmet, courts have upheld this argument in several cases. If you were not wearing a helmet at the time of your accident, contact the Law Offices of Anidjar & Levine as early as possible.
The other party’s insurance company may try to accuse you of being over 50 percent at fault for the accident, even if you were not. This tactic can jeopardize your compensation, but we know how to fight back against such strategies. No matter what, our Cape Coral personal injury attorneys will work to ensure your right to compensation remains protected throughout the process.
What Damages Can I Recover After A Cape Coral Motorcycle Crash?
Motorcycle crashes often result in serious, permanent injuries that can require ongoing nursing care or prevent the rider from ever returning to work. Brain and spinal cord injuries, limb amputation, fractures, burns, scarring, and serious facial injuries are all common in motorcycle accidents. Because these devastating injuries can require long periods of rehabilitation and ongoing care, the damages in motorcycle crash claims tend to be high.
There are several types of damages available from most motorcycle accident claims.
Economic Damages
Economic damages include your actual losses and expenses as well as your estimated future costs. This includes medical expenses, rehabilitation costs, in-home caregiving expenses, lost wages, loss of future income, and ongoing care costs. Almost any accident-related expense can fall into this category. We will identify every possible loss related to your accident.
In a wrongful death lawsuit, we can also pursue funeral expenses, loss of support from the deceased, and other monetary losses related to their passing.
Non-Economic Damages
Non-economic damages cover the emotional losses you endured, such as pain and suffering, mental anguish, and other similar damages. Since these losses are intangible, the insurance company usually applies a formula to your economic losses to come up with a value for your non-economic damages. We can also pursue non-economic damages if a loved one passes away after the accident, and these include loss of companionship, among other damages.
Punitive Damages
Occasionally, we may also pursue punitive damages for our clients. The courts calculate these damages to punish an at-fault driver or other responsible party for gross negligence. This type of damage is rare and only used if the liable party acted in a reckless or intentionally harmful way. We most often see this type of damage in cases that involve drunk or drugged drivers or hit-and-run accidents.
There is no way to know the exact value of your accident claim until we reach a settlement with the insurer or the court awards you a payout. We can, however, look at all the factors that go into determining the value of a settlement and help you understand the range you can expect.
Our Motorcycle Accident Lawyers Handle Your Case From Start To Finish
Reach out to our Cape Coral motorcycle accident lawyers as soon as you can after your accident. We have the resources and knowledge to collect the evidence necessary to present a strong case in support of your claim. We can even consult with accident reconstruction experts and specialists to understand the cost of your future medical care based on your specific prognosis.
After estimating your costs, we file a third-party liability insurance claim based on the at-fault driver’s insurance policy. With this claim, we often send a demand letter asking for a settlement that covers your full range of damages.
In most cases, the insurance company responds to our claim and demand letter with a low settlement offer. This begins a series of negotiations where we aggressively fight for the maximum payout possible based on the facts of your case. This typically results in a fair settlement agreement. We rarely need to file a personal injury lawsuit in civil court to recover the compensation you deserve. If you case does go to court, the Law Offices of Anidjar & Levine are prepared to do everything in our power to get you the money you deserve,
We Make Sure Your Case Is Filed By The Statute Of Limitations
As a motorcycle accident victim, you have a lot to deal with. The emotional impact and physical toll are daunting, and your financial losses can feel overwhelming. However, don’t let this feeling prevent you from acting quickly. Per Florida Statutes § 95.11, you only have two years to file your lawsuit for damages. This timeframe also applies to lawsuits for wrongful death claims.
While two years may seem like a lot of time, it can go by very quickly when seeking medical care while dealing with insurers and the courts. While some circumstances can extend this statute of limitations, it is not a guarantee. Let our personal injury attorneys handle your case so you don’t have to worry about the deadlines.
Let Our Cape Coral Injury Lawyers Help You After A Motorcycle Accident
We know how difficult life must be, but we want to help get you the compensation you are owed for someone else’s negligent and careless behavior on the road. We believe people like you deserve legal representation to help fight for the maximum compensation possible.
The motorcycle accident attorneys at the Law Offices of Anidjar & Levine can help you navigate the complicated insurance claims process and recover the compensation you need after a motorcycle crash. Call our office today for a free, no-obligation consultation.
We Can Help.
