Florida motorcycle accident cases proceed differently than most auto accident claims in the state. Florida’s no-fault auto insurance laws do not apply to motorcycles, so you are not bound to file a claim based on your personal injury protection (PIP) policy first even if you only suffered minor injuries in your crash. Instead, you can hold the at-fault party liable for your damages no matter if you meet the state’s serious injury threshold or not.
The attorneys at the Law Firm of Anidjar & Levine can determine the cause of your crash, identify the liable party or parties, and recover the compensation you deserve. Call us today at 800-747-3733 to set up your free introductory meeting with a motorcycle accident lawyer in Fort Myers.
Did a Negligent Driver Cause My Motorcycle Accident?
Often, motorcycle accidents occur because reckless, careless, or uneducated drivers make mistakes that cause a collision or crash. Motorists need to 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;
- Excessive speeding;
- Cutting off other cars or motorcycles;
- Not using turn signals, especially when merging;
- Driving drunk or otherwise impaired; and
- Distracted driving.
We can identify the liable party who caused your accident and help you hold them financially responsible for the injuries and losses you suffered. It is important to remember that even if your injuries occurred in a single-vehicle crash, another driver may have been responsible for causing the accident. Let us evaluate your case and determine if you have a liability claim against a Fort Myers motorist.
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 type of 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 other experts 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.
Only occasionally do we need to litigate a motorcycle accident case 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.
Will the Insurance Company Try to Trick Me out of Money After a Motorcycle Accident?
Insurance companies have many tricks and tactics the use to try to reduce the payout in a motorcycle accident claim. One of the most common is attempting to blame some or all of the crash on you. Unfortunately, some people believe motorcyclists are reckless and the insurance company may try to use this stereotype against you by alleging you were:
- Lane splitting;
- Driving recklessly;
- Swerving or weaving; or
- Violating other traffic laws that caused the crash.
We can often mitigate the effects of these claims, especially in cases where there is no concrete proof of negligence on your part. If you did contribute to your injuries, this does not bar you from collecting compensation. Florida’s comparative fault law reduces your available payout based on the share of the fault you hold. For example, if a judge rules you are 20 percent at fault in a crash, you can still collect 80 percent of the value of your claim.
One of the most common reasons comparative fault comes into play is when motorcycle riders do not wear a proper helmet. While this is legal for insured riders over the age of 21, the insurance company may still claim it exacerbated your injuries and this is likely to reduce your payout. We encourage all motorcycle riders to wear a helmet every time they ride.
How Much Compensation Can I Expect to Collect for My Crash-Related Injuries?
We cannot tell you exactly how much you will receive in your motorcycle crash case before we reach a settlement. We can, however, help you understand the estimated value of your damages. This gives us a range to aim for when negotiating your settlement.
To determine what a fair settlement might look like based on the details of your accident, we need to calculate both your economic and non-economic losses. We typically begin by collecting all your bills and receipts and adding up the money you spent and the money you still owe. Then, we look at documentation of lost wages and other similar losses. Last, we meet with experts who can help us understand your prognosis, future care needs, and ongoing care costs. This gives us a good idea of exactly how the accident impacted your family’s financial health and how it may affect your future.
Using your economic damages, we can put a monetary value on your pain and suffering damages, as well. There is no set industry standard for calculating this value, but we can choose from several complicated formulas to arrive at a fair number. We often choose a method depending on the facts of your case, opting for the one that best reflects the severity and nature of your suffering.
Once we determine a fair settlement value, we can discuss this with you and help you understand how much you might expect to gain from a payout.
Can I Talk to a Motorcycle Accident Lawyer in Fort Myers for Free?
At the Law Firm of Anidjar & Levine, our motorcycle accident attorneys offer complimentary consultations to help you understand your legal options for compensation. We can help you navigate the claims process and recover the financial payout you deserve if a negligent motorist caused your crash. Call our office today at 800-747-3733 to learn more.