Fort Myers Motorcycle Accident Lawyer

Florida motorcycle accident cases proceed differently than most auto accident claims in the state. Florida’s no-fault auto insurance statutes do not apply to motorcycles, so you are not bound to file a claim based on your personal injury protection (PIP) policy, even if you only suffered minor injuries in your crash. Instead, you can hold the at-fault party liable for your damages whether you meet the state’s serious injury threshold or not.

The Fort Myers attorneys at the Law Offices of Anidjar & Levine can determine the cause of your crash, identify the liable party or parties, and recover the compensation you deserve. Call an experienced motorcycle accident attorney to review your case for free today.

Did a Negligent Driver Cause My Fort Myers Motorcycle Accident?

Often, motorcycle accidents occur because reckless, careless, or uneducated drivers make mistakes that cause a collision or crash. Motorists must pay careful attention when sharing the road with motorcycles because even a slight misjudgment can cause a problem. Some of the most common ways negligent drivers cause motorcycle accidents include:

• Pulling out in front of a motorcycle: This is one of the most dangerous types of motor vehicle collisions. If a driver pulls out in front of a motorcyclist, the driver will likely have to slam on their brakes or swerve into another lane to avoid hitting the rider. The result could be a head-on collision or a side impact that causes severe damage to both vehicles.
• Failing to yield right of way: When a motorcycle passes a car traveling in the same direction, the law requires the car to give way to the motorcycle. In other words, the car must slow down or stop completely before entering the bike lane. Failure to yield right of way can lead to a crash where the biker suffers serious injuries.
• Cutting off other cars or motorcycles: Cutting off a motorcycle while driving is just as dangerous as cutting off a car. It’s important to remember that a motorcycle has less stopping distance than a car, which means that a cut-off could end up being more deadly for the motorcyclist.
• Driving under the influence: Driving under the influence of alcohol or drugs can put everyone on the road in danger. Even though drunk driving is illegal, many people still get behind the wheel after drinking too much. These drunk drivers often don’t realize how impaired they are until after they’ve caused a motorcycle accident.
• Driving without due care: Drivers driving recklessly or failing to exercise proper caution can cause motorcycle crashes. Careless maneuvers can include speeding, running red lights, failing to use turn signals, and ignoring traffic signs and signals.
• Driving too fast while distracted: Speeding is always illegal, but it becomes especially dangerous when a careless driver is distracted by cell phones or texting. Distracted driving is often associated with crashes involving large trucks or buses, which pose a greater risk of causing serious injury or death.

Common Injuries Associated with Motorcycle Accidents

Motorcycles are smaller and lighter than passenger vehicles, so resulting injuries can be more severe. Some wounds associated with motorcycle accidents may require medical treatment or physical therapy to help restore mobility and function. They can range from minor cuts and bruises to broken bones and internal organ damage.

You may have experienced one of the following motorcycle accident injuries:

• Head injury: Head injuries are among the most common injuries suffered in motorcycle accidents. They lead to bleeding inside the skull, brain swelling, and skull fractures. Serious head wounds like traumatic brain injuries (TBIs) can require hospitalization and surgery.
• Spinal cord injury: A spinal cord injury occurs when a person’s spine is damaged or severed. This type of injury can result in paralysis below the level of the injury.
• Neck injury: Neck injuries are typically caused by whiplash, which happens when your neck is violently jerked back and forth. Whiplash can occur when a motorcycle collides with another vehicle or when a motorcycle flips over.
• Shoulder injury: A shoulder injury can occur when a motorcycle hits something like a curb or pole. It can also happen when a motorcycle slams into another vehicle.
• Leg injury: Leg injuries include sprains, fractures, and breaks. They can be caused by hitting a pothole or curb, falling off a motorcycle, or getting hit by a car.
• Fractures and broken bones: Fractures are breaks in the bone. They can result from falls, collisions, or other types of trauma. Broken bones are one of the most severe injuries that can occur in a motorcycle accident. If you break a leg or arm, you might need surgery to repair the fracture.
• Tendon injury: Tendon injuries can occur when a rider gets caught between two objects, such as a motorcycle and a fence. The impact force can tear the tendon, causing pain and loss of movement.
• Ligament injury: Ligaments are bands of tissue that connect bones. When ligaments are torn following an accident, they can cause pain and limit motion.
• Joint injury: Joint injuries can occur when a joint is forced out of its normal position. This can lead to swelling, bruising, and stiffness.
• Internal bleeding: Internal bleeding can occur when a person suffers a major bodily cut. Blood leaks into the tissues around the wound, causing internal bleeding.

You may be entitled to compensation for your injuries if you have been injured in a motorcycle accident. Our Fort Myers motorcycle accident lawyers will work to get you the money you deserve. 

What Compensation Can Be Received?

If you are involved in a motorcycle accident, it is important to remember that other damages can be recovered. These include medical expenses, lost wages, pain and suffering, loss of consortium, property damage, funeral costs, and more. A personal injury attorney will help you understand what type of compensation you can receive.

Past and Future Medical Expenses

Accident-related medical costs are high, and it’s hard to pay them off without help. The good news is that if you suffer from a Fort Myers motorcycle accident, there is a way to recover money for your damages,

Florida law states that motorcycle accident victims can file a personal injury claim and receive full compensation for past and future medical expenses. In addition, you can also receive compensation for any pain and suffering you experience.

A personal injury attorney can help you file a motorcycle accident lawsuit against the responsible party for causing your accident or product manufacturers for producing dangerous equipment. They can do this either in court or through arbitration. Your lawyer can also negotiate your settlement amount.

Pain and Suffering

PIP insurance may not be available to all accident victims; therefore, you can contact a Fort Myers motorcycle accident lawyer to file a lawsuit for accident-related pain and suffering.

For a successful claim, the nature of your injury and the duration and extent of pain produced by accident must be examined to obtain these compensations.

Lost Wages

Motorcycle accidents typically cause injuries that may force the driver to take leave from work. In this case, you can receive compensation for any lost wages you would have obtained if you had not spent time in the hospital and the accident had not happened. If you were injured in a motorcycle accident and cannot work due to your injuries, you could be eligible to collect lost wages.

Mental Anguish

Compensation can be awarded if you suffered mental anguish, or emotional distress, following your Fort Myers motorcycle accident. Symptoms of mental anguish may include:

• Embarrassment or humiliation
• Insomnia
• Depression
• Mental anguish
• Emotional distress
• Suicidal thoughts
• Stress and anxiety

Emotional distress is considered non-economic damages and can also include permanent impairments and disabilities caused by the negligent party.

Loss of Consortium

In a wrongful death case, the surviving spouse can claim damages for the loss of services and companionship. This includes loss of support, care, advice, counsel, guidance, affection, love, intimacy, protection, security, and solace.

The law allows you to seek financial compensation for losing your spouse’s companionship if you are married.

If you are the parent of a child under 18, you can recover damages for the loss of parental society, companionship, instruction, guidance, and nurture. You can also sue for losing your child’s services, such as help around the house, babysitting, cooking, cleaning, and shopping.

What Is the Claims Process Like After a Motorcycle Crash?

Most of the motorcycle accident cases we handle across South Florida involve negotiating a fair settlement after filing a third-party liability insurance claim. This claim holds the at-fault driver responsible for their negligent behavior by collecting compensation based on their auto liability insurance policy.

We use our network of investigators, accident reconstruction experts, and others to build a strong case to support your claim. Then, we aggressively pursue a settlement with the insurance company to cover your medical bills, lost wages, pain and suffering, and other losses. We manage all aspects of this process, allowing you to focus on your recovery.

We only need to litigate a motorcycle accident case occasionally to get a fair settlement. However, if this becomes necessary in your case, we can explain the step-by-step process. We will represent you in court, present your case and our evidence to the judge, and argue for the full award you deserve.

How Does Liability Work After a Motorcycle Accident?

Liability is a legal term that refers to someone’s responsibility for another party’s damages. For example, if someone is liable for your injuries, they must provide you with compensation. This makes liability a critical part of motorcycle accident cases. You can’t recover compensation if you can’t prove that someone is liable for your injuries.

Assigning liability is a multi-step process. First, our team will gather any relevant evidence that supports your case. Then, our lawyers can work towards establishing the four elements of negligence: duty, breach, causation, and injury.

Contact a Fort Myers Personal Injury Attorney to Discuss Your Options

If you were injured in a motorcycle accident, contact our Fort Myers motorcycle accident lawyers to discuss your legal options. The Law Offices of Anidjar & Levine are dedicated to helping victims get the justice they deserve after suffering from the negligence of others. 

Our team will identify the liable party who caused your accident and help you hold them financially responsible for your injuries. Contact us today and let us evaluate your case and determine if you have a liability claim against a Fort Myers motorist.

Let us evaluate your case and determine if you have a liability claim against a Fort Myers motorist.