Vulnerable motorcycle riders are far more likely than passenger vehicle occupants to die in traffic collisions. Those who survive often suffer devastating injuries. In 2020, more than 5,500 motorcyclists died in motorcycle crashes, according to the National Highway Traffic Safety Administration (NHTSA).
If you were injured in a motorcycle crash or lost a loved one in one, you may be entitled to financial compensation. Our Tampa motorcycle accident lawyers provide responsive legal care and could assist you with all aspects of your claim.
Call today to schedule a free consultation with a Tampa personal injury lawyer.
Dangers of Motorcycle Riding
Riding a motorcycle poses unique dangers, including:
- Road hazards: While debris on the roadway can pose a danger to any driver, motorcyclists are at particular risk because road hazards like uneven pavement, potholes, and oil spills can throw them off balance.
- Lack of experience: Operating a motorcycle requires different skills and more coordination than driving a car. Inexperienced motorcyclists may cause single-vehicle or multi-vehicle collisions.
- Difficulty being seen: Motorcycles are much smaller than passenger vehicles, so other drivers may not spot them in time to avoid crashing into them.
- Weather conditions: Even a small amount of rain or other precipitation on the roadway can cause motorcycle tires to lose traction and hydroplane.
Common Causes of Motorcycle Accidents
Several factors have been shown to increase the fatality rate in motorcycle crashes. Some of the reasons cited by the NHTSA for deadly motorcycle wrecks include the following:
- Speeding: Motorcycles can become unstable and begin to shake or wobble when riders are speeding. The NHTSA reports that 34% of motorcycle riders killed in accidents in 2020 exceeded the speed limit.
- Age: The NHTSA reports that the average age of motorcyclists killed in motorcycle crashes in 2020 was 43. Motorcyclists aged 50 and older had the highest rate of motorcyclists killed in traffic accidents during weekend crashes.
- Alcohol use: 27% of motorcycle riders killed in fatal motorcycle accidents in 2020 were alcohol-impaired, according to the NHTSA.
- Lack of licensure: The NHTSA also reports that 36% of motorcyclists involved in fatal motorcycle accidents in 2020 traffic accidents did not have a valid motorcycle license at the time of the crash.
Common Motorcycle Accident Injuries
Motorcycle riders and their passengers may suffer from a variety of severe injuries, including:
- Head injuries: Motorcyclists may be ejected from their bikes and hit their heads on a hard surface, like another motor vehicle or the pavement. Many traumatic brain injury victims have difficulty leading independent lives after their accidents.
- Spinal cord injuries: Motorcycle accidents can lead to injuries that interfere with signals between the brain and spine. Symptoms of spinal cord injuries include nausea, dizziness, and loss of sensation. Thoracic spine injuries may result in paralysis.
- Facial fractures: If a biker is not wearing a helmet, they may suffer fractures to the jaw, chin, cheek, or other facial bones, potentially resulting in disfigurement.
- Broken bones: Motorcyclists ejected off their vehicles may suffer fractures of the leg, arm, wrist, hand, rib, clavicle, or other bones.
- Amputations: If a car crashes into a motorcyclist and the motorcyclist is pinned between the vehicles, they may suffer an amputation.
- Road rash: Road rash is not a simple skin burn. Instead, it is a painful injury resulting from the epidermis coming in direct contact with a hard surface. This kind of wound can result in surface nerve damage, infections, skin irritation, and other related injuries.
- Psychological injuries: Motorcycle accident victims may also suffer from anxiety, depression, and other psychological injuries.
- Fatal injuries: Sadly, many motorcycle injuries are fatal. The most common cause of death is head injury. Other causes include chest and abdominal injuries, spinal cord injuries, broken bones, internal bleeding, and burns.
Who May Be Responsible for a Florida Motorcycle Crash?
When you retain our Tampa motorcycle accident lawyers, we will quickly get to work to determine who is liable for your motorcycle wreck. Responsible parties may include the following:
- The other motorist: One of the most commonly cited reasons for motorcycle accidents is that the other driver did not see the motorcycle. If the driver fails to be on the lookout for motorcycles, they may be liable for the crash.
- The motorcyclist: If you were a passenger and the motorcyclist was impaired, speeding, or otherwise reckless, you may have a claim against the motorcyclist.
- An employer: If the negligent driver was driving for an employer at the time of the collision, the employer might be responsible for the damages you sustain.
- Government: If the accident was due to poor road maintenance, the government entity responsible for that roadway’s upkeep might be liable for your injuries.
Proving the At-Fault Party’s Negligence in a Florida Motorcycle Accident
Uncovering the causes and contributing factors that led to your motorcycle accident allows our legal team to establish the negligence that entitles you to recover compensation. Our investigation can help prove their:
- Duty to provide you with reasonable care
- Breach of that duty
- Responsibility for causing your injuries
- Responsibility for the accident’s financial consequences
Our legal team will collect evidence and interview witnesses to build your case file and help you fight for a fair and appropriate financial settlement.
Compensation for Damages After a Motorcycle Accident in Tampa
Florida is considered a no-fault insurance state, meaning that motorists generally pursue compensation from their own insurance policies if they are involved in an accident, regardless of fault.
However, these rules do not apply to motorcyclists. Therefore, motorcyclists will have to prove that the other driver was at fault to recover financial compensation for the economic and non-economic damages they sustain, such as:
- Property damage to their bike
- Medical bills, including future medical expenses
- Loss of earnings
- Loss of future earning capacity
- Loss of household services
- Pain and suffering
- Mental anguish
- Wrongful death expenses, such as burial costs
What To Do After a Motorcycle Wreck
Motorcycles are fun, fast, and relaxing to ride. But accidents happen, and they can lead to catastrophic injuries. Here are a few things you should do after being involved in a motorcycle wreck:
Get Medical Attention
Even if you don’t think your injury is serious, seeking medical care is still important. You could have whiplash, which can cause headaches, neck pain, and dizziness.
Or you might have suffered a concussion. A doctor can determine whether you can go home or need further evaluation. Be sure to attend all scheduled follow-up appointments, which are important to your health and motorcycle accident claim.
Gather Evidence
After the crash, you’ll want to document everything about what happened. If you aren’t too badly hurt, take photos of the accident scene and obtain contact information from anyone who witnessed the crash.
File Your Claim With the Insurance Company
You’ll likely file a claim with your insurer, either directly or through an attorney. Be careful what you say to an insurance adjuster, and avoid discussing the accident in detail until you’ve spoken with a lawyer.
Contact an Experienced Motorcycle Accident Attorney
An experienced motorcycle lawyer can help you file a claim and handle all communications between you and the insurance companies.
How Our Personal Injury Team Can Help With Your Tampa Motorcycle Crash
Our personal injury team will provide responsive legal care by:
- Thoroughly investigating your accident and identifying all liable parties
- Gathering evidence of fault and damages in your accident, including photos and videos of the scene, the accident report, eyewitness testimony, medical records, and employment records
- Handling communication with the insurance companies
- Advising you of your legal rights throughout the process
- Negotiating a fair settlement for your personal injury claim
- Making recommendations on how to respond to settlement offers
- Filing a personal injury lawsuit and fighting for you in court if your case doesn’t settle
Our experienced motorcycle accident lawyers are dedicated to helping accident victims and work tirelessly on your behalf.
Our Tampa Motorcycle Accident Attorney Can Help You Meet Deadlines
The personal injury statute of limitations in motorcycle crash cases is generally four years from the date the accident happened, according to Florida Statutes § 95.11(3)(a).
Similarly, if a family member did not survive a motorcycle accident, qualifying family members have up to two years to file a wrongful death lawsuit, according to Florida Statutes § 95.11(4)(d).
Filing a Lawsuit
We will file a lawsuit if we cannot resolve your case with a monetary settlement. Filing an accident lawsuit does not mean your case will go to court since a settlement can be made and accepted until a trial verdict is rendered.
Filing a lawsuit protects your right to take the culpable party to court if we cannot reach a favorable settlement agreement.
We Offer a Client-Friendly Fee Structure
Our experienced team understands how costly and stressful the aftermath of a motorcycle wreck can be for you and your family. When we accept your case, we do not add to your financial hardship. Instead, we do all of the following at no upfront cost:
- Investigate your accident
- Build a compelling case file
- Consult relevant experts
- Negotiate with the insurer
- Represent you in court
Once your case is resolved with a financial award, our law firm will accept a percentage of your settlement or trial verdict as our fee.
This contingency fee agreement allows you to seek compensation immediately, avoid the risk of an expired statute of limitations, and get legal service and support at no upfront or out-of-pocket cost. We only get paid when we win your case.
Reviews and Recommendations for Our Law Offices
When clients share praise and accolades for our law firm, they leave online reviews like the following:
- Erik F Gonzalez: “I am extremely grateful to Anidjar & Levine. I got involved in a motorcycle accident and thank God I am alive…More than a client, I was treated as a person, like family…I do recommend this amazing firm to anyone at any time. Respect and professionalism — do not expect less.”
- Bernard Agurs: “After getting struck from behind on my brand-new motorcycle, I researched the best motorcycle accident representatives. This led me to Shire Patel at Anidjar & Levine…After fighting for what I deserved…Shire provided me with a settlement way more than initially expected…fights for YOU and what YOU deserve!”
Hear from additional clients and learn more about why injured parties trust our law firm with their fight for fair compensation on our client reviews page.
Contact Us for Help With Your Tampa Motorcycle Accident Case
If you or a loved one was injured in a motorcycle crash, the Tampa motorcycle accident lawyers from the Law Offices of Anidjar & Levine could manage your claim.
Don’t let the insurance company take advantage of you. We offer a free consultation to explain your legal rights and discuss your options. Contact us today to learn more and get started on the claims process.