While the weather in southern states makes year-round motorcycling possible, it also increases the likelihood of a life-changing (or life-ending) accident.
If you or a family member has been in a motorcycle accident, our team at the Law Offices of Anidjar & Levine can help. Our Palm Valley personal injury lawyers can handle your case from start to finish while you rest.
Even when wearing proper protective gear, motorcycle riders have a greater chance of having life-changing injuries from an accident. Couple that with the fact that up to 15 percent of motorcycle owners do not carry the mandatory no-fault insurance, which can be devastating. Some of the injuries riders are subject to include:
- Road rash (abrasions)
- Head injuries, including traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Facial injuries and fractures
- Broken bones
- Dismemberment (lost limbs)
In addition to physical injuries, a rider involved in an accident may suffer severe psychological effects such as depression and anxiety.
Accidents involving motorcycles have many root causes. Most common is a lack of riding skills for newer riders. Rider overconfidence and not understanding how a motorcycle operates, including susceptibility to varying road conditions, is another significant factor. The National Highway Traffic and Safety Administration (NHTSA) and the Motorcycle Safety Foundation (MSA) list other factors attributing to higher motorcycle accident statistics as:
- Limitations of the equipment
- Failure to use proper precautions
- Not incorporating defensive driving
- Inexperience in navigating curves and corners
- Lack of appropriate safety equipment
Age and alcohol use add to the frequency of motorcycle accidents.
Motorcyclists are required to carry $10,000 personal injury protection (PIP), according to Florida Highway Safety and Motor Vehicles (FLHSMV).
No-fault insurance provisions mean that your personal insurance will cover your vehicle and injuries under PIP and property damage liability (PDL). The amount of coverage is limited by your insurance policy. Once you have exhausted the available medical funds under PIP, you may still have extensive bills and costs related to your injuries.
Comparative Fault and How It Applies
Suppose you have injuries from a motorcycle accident that wasn’t your fault. In that case, you might seek compensation from the at-fault driver or insurance company. Consulting with a Palm Valley motorcycle accident lawyer can help determine if you fit the required criteria.
To obtain compensation beyond the provision of no-fault insurance coverage, Florida requires that your injuries meet specific criteria, including:
- Substantial physical impairment
- Permanent injuries
- Injuries resulting in death (your family may collect compensation)
- Permanent scarring
- Expenses that exceed PIP and PDL coverage amounts
Suppose you are not confident that your injuries meet the requirements. In that case, our Park Valley motorcycle accident can help you sort the facts. Our team can get to work assisting you in filing a claim or lawsuit to collect the compensation you deserve. We will fight to get your compensation.
The damages you are entitled to might include both economic and non-economic compensation.
Damages under the umbrella of economic damages include almost any expense you have as a direct result of the accident. They can include:
- Medical expenses for past, current, and future accident-related treatment.
- Transportation costs include ambulances and routine transport to and from medical appointments.
- Household services, including in-home caregivers.
- Lost wages and income from commissions, bonuses, and future salaries impacted by the accident.
- Home modification to add features such as safety bars, railings, and ramps.
- Physical and occupational therapy to work on restoring your ability to function in your previous capacity.
Recovery following an accident can present hurdles, but dealing with the medical costs of recovery should not be something you worry about. Our motorcycle accident team will fight to obtain coverage for all your needs.
Non-economic damages include things that won’t have a bill or receipt, such as pain and suffering. These non-tangible damages may significantly affect your life more than physical injuries. Non-economic damages cover the results of an accident that can’t be seen.
With any accident, to utilize the comparative fault options in Florida, you must establish negligence on the part of the at-fault driver. Four elements must be met to prove negligence:
- Duty of care
- Breach of duty
When a driver operates a vehicle, they must follow the road rules (duty of care). When they fail to do that (breach of duty), they may cause an accident (causation and damages). If the accident involved a motorcycle, the chances are high that the damages exceed the monetary restrictions of minimum PIP and PDL coverage.
You can file an injury claim independently, but if you have severe injuries, that might be difficult. Having a Palm Valley motorcycle accident lawyer can ease your burden. They can perform all the routine tasks to set up your case while you recover from your injuries. Some of the tasks our team will do for you include:
- Investigate your accident to determine who was at fault
- Collect evidence to support your claim
- Communicate with the defendant’s insurance company
- Provide timely and factual advice to you
Our team will provide you with a phone number allowing 24/7 text and phone access to your attorney. Our entire team is compassionate and understanding while also being fierce in their fight for your compensation.
Florida Statutes § 95.11(3)(a) provides a limited period for you to begin action on a personal injury lawsuit. For motorcycle accidents, the limit is four years from the date of the accident. Sometimes, you may spend a good portion of that time recovering, which will pass quickly. Acting now will ensure that your bills are covered in the present and the future.
Contact our team at the Law Offices of Anidjar & Levine for your complimentary case evaluation.
We Can Help.