Injuries from motorcycle accidents are often severe. With no vehicle frame, seat belts, or airbags for protection, you bear the full brunt of the impact in a crash. This can lead to traumatic brain injuries, spinal injuries, broken bones, and other trauma.
If another party’s negligence contributed to your motorcycle accident, you might be eligible for financial compensation for your injuries. Our experienced motorcycle accident attorneys can help you win damages for medical expenses, therapy and rehabilitation, pain and suffering, and other costs associated with your Naples accident.
Motorcycle Accident Statistics in Florida
With its year-round sunshine, Southwest Florida allows motorcyclists to ride almost daily. While most motorcycle rides do not result in accidents, according to Florida Highway Safety and Motor Vehicles (FLHSMV), in 2019:
- Nearly 9,000 motorcycle accidents resulted in injuries.
- About 550 motorcycle crashes resulted in fatalities.
- More than 2,000 motorcycle accidents resulted in incapacitating injuries.
One form of evidence we collect will include your medical records, bills, and prognosis. These help us understand the severity and impact of your injuries so we can accurately assess their previous and ongoing costs.
For a free legal consultation with a motorcycle accidents lawyer serving Naples, 800-747-3733
How Can I Win Compensation for a Naples Motorcycle Accident?
To win compensation after a motorcycle accident, we must prove that another party was at least partially at fault. The at-fault party can be something other than a motorist. In some cases, the manufacturer of your motorcycle or one of its parts may bear liability.
In other cases, a flaw in the road design, such as a large pothole or malfunctioning traffic control device, may contribute to an accident.
Our job as your representation is to gather all the available evidence, examine it, and determine where the fault lies. Then, we can take the necessary steps to pursue the responsible party or parties for damages. There are several parties we may turn to for compensation for your injuries.
Another Motorist May Be Liable
If you collide with another motorist while on your motorcycle, we examine the details of the collision and determine the other motorist’s percentage of fault. If the motorist was doing any of the following, chances are, they are either partially or fully liable for the collision:
- Driving under the influence
- Driving while distracted, such as texting or accepting a phone call while driving
- Reckless driving
- Disregarding a traffic control device like a stop sign, yield sign, or traffic signal
We Could Hold the Manufacturer Accountable
In certain cases, the motorcycle manufacturer, or the bike accessory maker, may share in the responsibility for a crash. For instance, a defective product may be to blame if:
- Your bike’s brakes failed
- A tire on your motorcycle blew out and caused you to lose control
- Your bike helmet was faulty and did not protect you from injury
At your initial consultation, we can review your accident’s specifics and determine if manufacturer liability exists.
The Municipality in Charge of Road Maintenance May Be Responsible
As we investigate your accident, we also determine if issues with the road’s design or maintenance were potential contributors. Signs of poor road design or maintenance may include hazards like potholes, uneven pavement, lack of guard rails, poor visibility, or debris on the road.
A government municipality may be at fault for your accident. In this case, you may have even less time to pursue compensation than you would in a lawsuit against a negligent motorist. We will determine the liable party in your accident and take prompt action to recover your damages.
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What Types of Damages Can I Recover for My Naples Accident?
Recovering from a motorcycle accident can be a long and painful process. In many cases, the expenses add up quickly. In addition to your medical bills, we can pursue damages like lost wages and emotional damage. In extreme cases, we can even pursue punitive damages to punish the responsible party for their gross negligence or misconduct.
There are two types of damages we can pursue in a motorcycle accident claim:
Economic Damages from Your Injuries and Lost Wages
These damages compensate you for tangible financial losses. Compensation for medical expenses, rehabilitation, physical therapy, lost earning capacity, and time away from work are economic damages you may suffer after a catastrophic injury.
Another common economic damage in a motorcycle case is property damage. You may need repairs to your bike or to replace it.
Non-Economic Damages Related to Your Losses
These are damages to which we cannot assign a specific dollar value. Pain and suffering, emotional damage, and loss of consortium all constitute non-economic damages.
Because these damages are subjective, the more evidence we can produce in your favor, the higher your compensation.
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Can I Still Receive Damages If I Am Partially at Fault for My Bike Wreck?
Many vehicle accidents involve shared responsibility. If you were partially at fault for your motorcycle accident, you could still win damages from another party.
Florida has a specific law to govern accidents with shared responsibility. This law is called the contributory negligence rule. It states that you can recover damages in a crash for which you were partly responsible. However, the amount of your award declines proportionally to your level of fault.
For instance, if your damages total $100,000, but the courts decide you were 25% responsible for your motorcycle accident, your award drops by $25,000, leaving you with $75,000.
Why You May Bear Partial Fault for a Collision
The court might consider you partially at fault if you took any of the following actions:
- Speeding: Speeding is illegal in Florida and is considered negligent behavior. The law presumes drivers know how fast they’re going and should not exceed posted speed limits.
- Driving Under the Influence (DUI): DUI laws prohibit impaired driving. This includes alcohol, drugs, or other substances. If you are convicted of DUI, you will likely be considered partially to blame for your accident.
- Reckless driving: Reckless driving is defined as driving without regard for others’ safety. Because recklessness could result in serious injuries or death, the court would consider you partially at fault for your motorcycle wreck.
- Failure to yield right of way: Failure to yield the right of way means failing to yield to others when approaching an intersection or stop sign and can cause collisions.
- Swerving in and out of traffic: Swerving in and out of lanes puts you and other motorists at risk.
- Failing to obey traffic signals: Failing to obey traffic signals is illegal and often leads to accidents.
- Lane splitting or riding between two lanes of traffic: Lane splitting or riding between two traffic increases the chance of collision. It is also illegal in Florida.
- Riding along a highway shoulder: Riding along a highway shoulder increases your chances of being hit by passing vehicles.
- Failed to wear a motorcycle helmet: If you were not wearing a motorcycle helmet, the other party might argue that you are partially responsible for any brain injuries you suffered since a helmet would have reduced or prevented your injuries.
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Our Naples Attorneys Can Help You Pursue Damages for Your Injuries
After a motorcycle accident, your priority should be seeking medical treatment. If you wait to see a doctor, an insurance company may argue that your injuries came from a different accident and that they do not have to pay you.
Next, connect with a qualified personal injury attorney to discuss the details of your case. Our experienced motorcycle lawyers can advise you on how to proceed.
Be sure to document everything, particularly regarding your medical treatment and rehabilitation. We need to be able to show the court the extent to which the accident has affected you. Keep copies of everything your doctors give you, including treatment protocols, bills, injury assessments, and prescriptions.
We will build your case using all evidence of your motorcycle crash. This includes police reports, eyewitness statements, photographs from the accident scene, and expert testimonies. The more evidence we have, the stronger case we can build. Please allow us to get started as soon as possible on your case.
Our Motorcycle Accident Team Will Obtain a Copy of Your Accident Report
The evidence our investigation uncovers will tell the story of your motorcycle accident. Your police report is an important part of your evidence. It will tell our team:
- The date, time, and location of the accident to help us ensure compliance with the statute of limitations
- Causes and contributing factors of the crash to help us define the at-fault driver’s negligence
- Contact information for the at-fault driver and his insurance company
- VIN and other identifying information for your motorcycle to help prove its manufacturer played a role in the accident
It might also contain beneficial evidence like police-generated notes, diagrams, photos, and videos.
Florida’s Statute of Limitations
According to Florida Statutes §95.11, you generally have four years to file a personal injury lawsuit and two years to file a wrongful death lawsuit.
When you have a few years to take legal action, it may seem like there is no rush, but getting started on your case quickly is best. We do not want evidence to disappear or witnesses to forget what they saw.
Our Firm Operates Under a Contingency-Fee Agreement
If we take your case, you owe us nothing upfront or out of pocket. We handle personal injury claims on a contingency fee basis. That means we only receive payment when you get paid; we take a portion of your settlement or court award that we secure for you.
We want you to be able to get legal representation without draining your bank account, so you do not need to stress about whether you have the funds to hire one of our personal injury lawyers.
Our Law Firm Takes Your Personal Injury Claims Personally
According to Insurance Institute for Highway Safety (IIHS) statistics, Florida is home to more than 645,000 registered motorcycles and their riders. If you are a motorcycle owner, rider, or passenger injured in an accident, we will help you fight to recover damages.
Our personalized, client-focused legal support means you get:
- Compassionate, communicative legal care
- Answers to all your questions and concerns
- Prompt replies to your phone calls and emails
- Help with scheduling medical and other appointments
- Help with having your damaged motorcycle repaired
A motorcycle crash can change your life physically and psychologically. Long-term or catastrophic damage from the accident can also seriously impact you financially. We are committed to helping you recover from the accident. While we build your case, you can focus on getting better.
Call Today to Find Out How a Motorcycle Accident Lawyer Can Help You
If you or someone you love is a motorcycle accident victim in Collier County, call the Law Offices of Anidjar & Levine today. The consultation is always free, and we are happy to go over the details of your case and advise you on how to proceed. We offer responsive legal care and go the extra mile for our clients.
You will get your attorney’s phone number and receive frequent case updates. We can schedule any appointments for you as well. Contact us, and let us fight for the monetary compensation you deserve.
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