Motorcycle riders are at a much higher risk of injury in a traffic accident than car occupants. This is due to the fact they do not have protections such as seat belts, airbags, or a crash-resistant frame. Their injuries are often severe or catastrophic and they can sustain hundreds of thousands or even millions of dollars in medical bills and other losses.
To speak to someone from our team about your case, free of charge, contact the Law Offices of Anidjar & Levine. We can explain your legal options and help you pursue a claim for fair reimbursement.
Recovering Damages for Your Motorcycle Accident
Florida’s insurance laws for motorcyclists are unique compared to other states. In Florida, riders only have to prove financial responsibility by either purchasing liability coverage or by securing a Financial Responsibility Certificate. They also do not have to carry personal injury protection (PIP) coverage, which would normally cover their medical expenses and lost wages if they suffered an injury in a wreck. PIP coverage is only required for motor vehicles with four or more wheels.
Because motorcyclists are not part of Florida’s no-fault system, the only real way a rider can recover is by seeking damages from another party. If you can prove that another party was responsible for the accident, then you can file a claim against him or her.
In most cases, a rider would seek damages from an at-fault driver, but there may be other liable parties as well, such as an at-fault bike manufacturer, a bus or truck company, or even a city entity responsible for defective roads. To determine liability and to see if you qualify to file a claim for compensation, connect with us.
Proving Fault in a Jacksonville Accident
One of the trickiest and most important parts of a motorcycle accident claim is proving the at-fault party’s negligence. Fault is often highly disputed, and the insurance company may try to pin much of the blame on you. Our personal injury lawyers at the Law Offices of Anidjar & Levine can help you collect evidence to establish your case.
Examples of evidence we may be able to use include:
- Eyewitness reports
- The police report
- Input from an accident reconstructionist
- Video footage from a traffic cam or witness’s cellphone
- Other evidence specific to the case, such as the driver’s cell phone records in texting cases, toxicology/breath tests results, and evidence of defects in motorcycle parts
We Will Handle the Unique Challenges of Your Accident Case
Motorcycle accident claims are often challenging to pursue. Victims may want to enlist the help of an attorney to make sure the insurer handles their claims fairly and properly compensates them in a timely manner.
We can manage the common issues associated with motorcycle accident cases, including:
- Wrongful blame for the crash: Insurers often apportion fault on riders, even when another driver may hold the blame.
- Denied or challenged claims: It is possible that an insurer will say that your injuries are not as serious as they are, denying your claim or offering you a lower settlement than you deserve.
- Other unfair insurance tactics: Some insurance companies may go out of their way to make it difficult for you to seek fair compensation. They could ask you to make a recorded statement and use it to lower your settlement value, for instance.
We can help you handle these and other unfair tactics.
Receiving Compensation When You Are Partially at Fault
You may still receive compensation even if you were partly to blame for your accident. Florida adheres to the pure comparative negligence rule. This rule essentially provides that you can still recover damages for your injuries even when you are partly at fault—but you will receive less compensation based on your share of the blame.
For example, imagine you suffered an injury in a motorcycle accident on W. Beaver Street. The driver didn’t check her blind spots before changing lanes and hit you. However, you were also partly at fault because you were traveling over the speed limit. The insurance company apportions you with 30% of the blame and the driver with 70%. In this case, your damages are 30% lower, based on your fault in the accident.
Because fault plays such a large role in determining the outcome of your case and the amount of money you collect, it is a good idea to have one of our skilled and determined attorneys help you establish fault and liability.
The Damages You May Recover for Your Injuries
Motorcyclists tend to sustain very serious injuries after a crash, such as road rash, broken teeth, shattered bones, traumatic head injuries, amputation, and spinal cord damage. Given the astronomical costs for medical care and the possibility of long-term disability, many injured riders will be at high risk for financial ruin after a serious accident.
Fortunately, when someone else is at fault for your accident, you can recover most of the losses associated with your injuries. These losses include:
- Medical and physical therapy expenses
- The cost of transportation to medical visits
- Household services
- Lost wages and disability
- Scarring and disfigurement
- Assistive devices, home renovations to accommodate a disability, and the cost of hiring help at home
- Counseling and therapy
- Pain and suffering, psychological injuries, and mental anguish
- Lower quality of life
The Steps You Should Take After a Motorcycle Accident
After getting the immediate medical care you need, you will need to report your accident to the insurance company. Do not provide any more than the basic information about the accident. The insurance agent can use things you say during the conversation against you later to deny or reduce the value of your claim.
You may find it valuable to call our team before giving the insurance company a recorded statement. This way, we can explain your options and how best to proceed so you do not unwittingly make mistakes that could hurt your claim.
At this point, you should also begin collecting evidence for your case. You will need evidence to prove fault and to prove the extent of your injuries. Our attorneys can help you collect relevant paperwork for your accident file. That file should include:
- A copy of the police report
- Photos of the accident scene, damage to your bike, and your injuries
- Witness contact information
- Your insurance policies
- The other involved parties’ information
- Your medical records, bills, and receipts
- Proof of pre-injury wages, such as pay stubs and W-2s
- All other receipts and bills related to your injuries
- An injury journal to record your daily pain levels, treatments, and progress
Why Choose the Law Offices of Anidjar and Levine
If you work with our team, you can expect support through every step of your legal case and beyond.
We go the extra mile for our clients, offering the following services:
- You will receive your attorney’s phone number
- You will get responses to all of your questions in a timely manner
- We will help you book necessary appointments if you need assistance
Legal Representation in Jacksonville at No Upfront Cost to You
You may be wondering if it makes sense to pay for an attorney to represent your case. However, keep in mind that we can get started on your case with no upfront fees or retainers involved.
Because we work on a contingency-fee-basis, we only get paid if we win your case. You can get legal help now with no financial risk to you.
Time Is Limited to Receive Compensation in Florida
Keep in mind that you have limited time to take legal action for your case. Per Florida Statutes §95.11(3)(a), you generally have four years to file a lawsuit if you are eligible to do so. We recommend getting started as soon as possible so that you can take advantage of all legal tools available to you.
Take Advantage of Your Free Case Review Today
Call the Law Offices of Anidjar & Levine today to speak with someone from our team and get started with your claim. A Jacksonville motorcycle accident lawyer from our firm can get to work pursuing compensation for you.