Motorcycle riders and their families deserve fair compensation when a negligent driver causes their accident-related injuries. If you suffered injuries and other losses due to that negligence, our Fort Lauderdale motorcycle accident lawyers can file an insurance claim or personal injury lawsuit to seek financial recovery.
Hiring legal representation means you have an advocate on your side who can negotiate with insurance companies and ensure your legal rights are protected.
We encourage you to reach out to The Law Offices of Anidjar & Levine for a free case review. You can speak with one of our team representatives about how a Fort Lauderdale personal injury lawyer can support your case.
What Types of Compensation Can a Fort Lauderdale Motorcycle Accident Lawyer Recover For Me?
Motorcycle accidents can cause serious, debilitating injuries, such as:
- Head trauma, including traumatic brain injuries
- Amputation
- Facial and dental injuries
- Scarring and burns, such as from road rash
- Fractured bones
- Spinal cord injuries
Compensation is often higher in these cases to compensate victims for all the medical care they need and for short- or long-term disability.
There are two main categories of compensation our Fort Lauderdale personal injury lawyers may be able to obtain in a motorcycle accident case:
Compensation for Economic Losses
These compensate you for your direct financial losses, such as:
- Medical bills, including ongoing medical expenses
- Rehabilitation costs
- Transportation expenses for medical care
- In-home nursing care costs
- Household services
- Your loss of income
- Reduced earning capacity
- Future financial losses you might expect if your injuries are long-term or permanent (e.g., future income loss)
Our legal team may collect receipts, invoices, and other financial records to prove the monetary value of your losses. You may also claim other losses not listed here, such as costs for wheelchairs or other mobility devices, if applicable.
Compensation for Non-Economic Losses
You may also be able to recover compensation for the harm you sustain that are not directly financial, such as:
- Mental anguish
- Pain and suffering
- Loss of consortium
- Emotional distress
- Permanent disability
- Physical disfigurement
- Diminished quality of life
There are numerous factors that affect the value of a motorcycle accident claim. The details of the insurance policies, fault, the severity of your injuries, your prognosis, whether the claim goes to court, and the strength of your evidence can all play a role in the outcome of your case.
Wrongful Death Damages
Unfortunately, many motorcyclists pass away because of their accident injuries. Surviving family members may qualify to file a wrongful death claim or lawsuit, which would allow them to pursue compensation on behalf of their late loved one. Wrongful death damages may include:
- Funeral expenses
- Medical debts inherited
- Loss of inheritance
- Loss of parental guidance
- Loss of companionship, love, and affection
- Loss of financial support
Grieving the loss of a loved one can be overwhelming. Our Fort Lauderdale wrongful death lawyers can help you hold the liable party accountable so that you may be able to recover some practical losses. We’ll handle your case to give you and your family space to process your loss.
How a Fort Lauderdale Motorcycle Accident Lawyer Can Help You
An attorney will conduct a thorough investigation to gather evidence and build the case for your claim. They will work to establish liability by demonstrating how the other party’s negligence led to the accident and your injuries.
Your lawyer will handle all communications with insurance companies, which often attempt to minimize payouts or shift blame onto the motorcyclist.
By negotiating on your behalf, they aim to secure a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages. If a satisfactory agreement cannot be reached, your attorney is prepared to represent you in court to advocate for your rights.
At the Law Offices of Anidjar & Levine, we offer responsive legal help. We return your calls and answer your questions promptly because we know how stressful this time can be.
Our client testimonials speak to how we go above and beyond for our clients, exceeding expectations and getting the case results that can make a real difference.
How a Fort Lauderdale Motorcycle Accident Lawyer Proves That You Have a Case
When determining the validity of a motorcycle claim, the first factor that you must address is who is at fault for the accident. That is, why did the accident occur, and who caused it? Motorcycle accident claims fall under personal injury law, which requires plaintiffs to establish how another party’s negligence caused the accident that led to their injuries.
To establish negligence, your lawyer must be able to prove the following points:
- Duty of Care: The defendant had a duty to keep you from harm. For example, drivers are prohibited from operating a vehicle while under the influence of alcohol or drugs.
- Breach of Duty of Care: The defendant breached, or violated, their duty of care through their actions or inactions. For example, the driver chose to drive while intoxicated instead of paying for a taxi or walking home.
- Causation: This point requires establishing a connection between the defendant’s breach of duty and how the accident occurred. For example, alcohol lowered the driver’s motor skills, judgment, and vision, making them a risk on the road. Because of their intoxication, the driver ran a red light, which caused them to hit your motorcycle at the intersection.
- Damages: You suffered injuries and related losses in the motorcycle accident. This point allows you to list how the accident harmed you physically and emotionally, as well as any financial losses you suffered.
These four points build the basic structure of your case argument. However, for many people, not all points will be obvious immediately and may require further investigation to establish each point.
Our legal team will investigate your accident for you to collect evidence so that we can prepare your case against the liable party.
Examples of Negligence in Fort Lauderdale, FL, Motorcycle Accident Cases
Driver negligence can present itself in many ways. Here are just some potential behaviors that could have caused your accident:
- The driver was speeding or cut you off.
- The driver was texting while driving.
- The roads were poorly maintained, e.g., potholes, uneven pavement, road debris, etc.
- The driver did not obey traffic signals or signs.
These examples showcase how further investigation might be necessary, whether it involves having a mechanic inspect your motorcycle for defects or requesting cellphone records from the defendant’s service provider to prove they were actually texting at the time of the accident.
Contact the Law Offices of Anidjar & Levine today to get started on your case. We will listen to your case and discuss what one of our attorneys can do to build your case and represent you in litigation.
What If I Am Partly At Fault for My Motorcycle Accident?
In negligent motorcycle rider accidents, the fault is shared, so Florida’s modified comparative negligence rule applies. This rule provides that you can still file a claim and recover damages when you are partially responsible for the crash, but your degree of fault will reduce or disqualify your compensation, depending on the amount.
However, if you are found to be more than 50 percent at fault for the crash, you could lose your right to seek any damages.
What Factors Can Put Partial Fault on the Plaintiff?
Any type of careless or negligent behavior that contributed to the accident may apportion you with partial fault. For example, you may share the fault for:
- Lane splitting
- Riding along the shoulder
- Speeding and swerving in and out of lanes
- Not using proper signals
- Speeding through an intersection
Still, an insurer may try to undervalue or deny your claim by attributing more fault to you. In this case, our Fort Lauderdale, FL, motorcycle accident attorneys can challenge an insurance company’s determination of fault. We can conduct our own independent investigation and present our evidence to the insurer.
One of our Fort Lauderdale motorcycle accident lawyers can discuss more about fault and liability in your case and how to proceed with your claim during future consultations.
Understanding Motorcycle Accident Laws In Fort Lauderdale
Motorcycle accidents in Fort Lauderdale can have devastating consequences due to the exposed nature of riders. Managing the legal aftermath requires a comprehensive understanding of Florida’s motorcycle laws and how they may affect your claim.
Florida mandates that all motorcyclists carry a valid motorcycle endorsement on their driver’s license and adhere to specific regulations regarding helmet use and insurance requirements.
While riders over the age of 21 with at least $10,000 in medical insurance coverage are not legally required to wear a helmet, choosing not to wear one could potentially impact the outcome of an injury claim by potentially reducing the compensation awarded.
The Statute Of Limitations For Motorcycle Accident Claims In Florida
In Florida, there is a legal deadline, known as the statute of limitations, for filing a personal injury lawsuit resulting from a motorcycle accident. You generally have two years from the accident date to file a motorcycle accident lawsuit or wrongful death lawsuit.
Failing to do so within this timeframe can result in losing your right to seek compensation, regardless of the severity of your injuries or the clarity of the other party’s fault. This rule has some exceptions. Consulting with a motorcycle accident lawyer as soon as possible ensures all legal deadlines are met and your case is filed promptly.
I Want to File a Motorcycle Accident Claim. Where Do I Begin?
After you have tended to your immediate medical concerns, some proactive steps you can take include:
- Filing a crash report with the Fort Lauderdale Police Department or other local police department
- Taking photos of the accident scene, involved vehicles, and injuries you sustained
- Calling our law firm to get a free case review
Our team representatives will assess your case, investigate the facts, and counsel you on how to best proceed, given your unique circumstances.
Our Fort Lauderdale negligence lawyers will worry about collecting evidence and conducting investigations. We handle case documentation and evidence, reconstruction with the help of experts, witnesses’ testimonies, and other important tasks and procedures.
Steps to Take After a Motorcycle Accident in Fort Lauderdale
Taking the right actions immediately following a motorcycle accident can protect your health and legal rights.
- Call the Police: First, ensure your safety and that of others by moving to a safe location if possible and calling 911 to report the accident. Provide accurate information to responding officers but avoid admitting fault or making speculative statements.
- Get Medical Care: Continue with your medical care and stick to your prescribed treatments. If you receive counseling or care from specialists, save copies of those records, too. This will help demonstrate the seriousness of your injuries.
- Gather Evidence: If you can, document the scene by taking photographs of your motorcycle, other vehicles involved, road conditions, and any visible injuries. Collect contact information from witnesses, as their testimonies may support your case. Notify your insurance company about the accident but refrain from providing detailed statements until you consult a lawyer.
Remember that your health is your number one priority immediately after an accident, any other steps are ones that we can help you with.
Fort Lauderdale Motorcycle Accidents Cases Occur Frequently
Given the lack of safety features (e.g., crash-resistant frames, airbags, and seat belts), it is no surprise that motorcycle accidents tend to cause significant injuries and have a high fatality rate.
In 2023, there were 6,335 motorcyclist fatalities according to the National Highway Traffic Safety Administration (NHTSA). Despite far less motorcycles on the road than cars, motorcyclists account for 15% of all traffic fatalities.
Motorcycles come with inherent risks, and motorcycle riders in South Florida encounter these risks every day. According to 2024 data from the Florida Department of Highway Safety and Motor Vehicles, Broward County saw 777 motorcycle crashes. Approximately 15% of the county’s accident fatalities were from motorcycle accidents.
Our Attorneys Take Fort Lauderdale Motorcycle Accident Cases on Contingency
We do not charge upfront fees or hourly retainers. You can access legal representation on contingency when you work with us. This means we only take a percentage of your settlement when your Fort Lauderdale motorcycle accident claim or lawsuit concludes.
This way, you can seek compensation without taking focus away from your health. While you heal from your injuries, we can handle your personal injury claim.
Call the Law Offices of Anidjar & Levine Today for a Free Fort Lauderdale, FL, Motorcycle Accident Case Review
Our Fort Lauderdale motorcycle accident attorneys at the Law Offices of Anidjar & Levine advocate for motorcycle accident victims and their families. We know that motorcycle accidents can lead to catastrophic injuries, and you deserve to access the medical treatment you need to make your maximum medical recovery.
We are available to discuss your case in person or via phone. Call now for a free initial consultation to discuss your motorcycle accident today.
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