Motorcyclists are at an increased risk of serious injuries in a collision when compared to occupants of other types of vehicles. This means more hospital bills, a longer time spent in rehabilitation, more time away from work, and other financial losses. If your accident occurred because another motorist acted negligently, we may be able to help you file for compensation to cover your accident-related damages.
The lawyers at the Law Firm of Anidjar & Levine can evaluate your case and help you understand your legal options based on the details of your crash. We can manage the claims process for you and get you the maximum compensation available. Call today at 800-747-3733 for a complimentary consultation with a motorcycle accident lawyer in Pembroke Pines.
What if another motorist caused my motorcycle accident?
If a driver acts carelessly or negligently and causes a crash that leads to serious injuries, the injured parties may file for compensation. This means as long as we can collect the evidence to prove another driver caused your crash, we can collect a payout to cover your injuries.
Negligence can occur in many ways, but often it revolves around breaking a traffic law put into place to protect the safety and well-being of others on the road. This may describe drivers who:
- Pull out in front of motorcycles;
- Cut off other vehicles behind them;
- Fail to use turn signals; or
- Drive distracted or drunk.
In some cases, another party may even be liable for a single-vehicle motorcycle crash. This most commonly occurs when:
- The motorcycle has defective brakes;
- There is a road design or maintenance issue; or
- Another party lost debris on the roadway.
These cases can be more difficult to prove, but we can help you identify the at-fault party and file a claim based on their insurance to cover the cost of treating and living with your serious injuries.
What if the insurance company tries to blame me for the accident?
It is not uncommon for at-fault motorists and their insurance companies to try to blame accidents on the motorcyclist involved. Unfortunately, there is a stereotype of motorcyclists that can be difficult to live down. Of course, if you did not contribute to causing the crash, we will fight for the full value of your claim.
In some cases, though, the motorcyclist does actually share blame in causing the accident. When this occurs, Florida’s comparative fault law applies. This law states that you can only receive a partial payout based on the percentage of fault you share. If the court decides you are 20 percent responsible for causing your accident, you can only collect 80 percent of the value of your damages.
Some of the most common ways bikers contribute to their own accidents include:
- Driving recklessly;
- Lane splitting;
- Swerving in and out of traffic;
- Excessive speeding;
- Failing to use turn signals; and
- Violating other traffic laws.
If you were partially to blame for the accident, we can still help you receive damages. We will do everything we can to mitigate the impact the comparative fault statute has on the amount of compensation you receive.
What if I was not wearing a helmet?
Florida law does not require helmets for insured motorcycle riders over the age of 21, but riding without a helmet can still hurt you during the insurance claims process.
Many at-fault drivers and their insurance companies will say your injuries would have been minor if you were wearing a helmet at the time of the crash. Depending on the facts of your case, this claim can significantly reduce the amount of compensation you can collect. If you were not wearing a helmet when you crashed, let us know so we can work to build a strong case demonstrating the severe nature of your injuries with or without protective gear.
What can I expect out of the claims process?
There is no reason to try to manage your claim on your own. Give us a call as early in the process as possible so we can get to work on your case. We will use our resources, knowledge, and experience to collect a variety of evidence to support your claim, including many types you probably could not collect on your own.
We rely on accident reconstruction experts to help us demonstrate the cause of your crash and medical specialists who can put a price on your ongoing and future care needs. We also interview eyewitnesses, attempt to locate video of the crash from local businesses, and use other techniques to build a strong case for you.
Once we feel confident we have all evidence we need to support your claim, we file the claim with the at-fault party’s liability insurance provider. While Florida law does not require personal injury protection (PIP) policies for motorcyclists, we can help you file this type of claim if you carry PIP coverage.
After we file your claim, the insurance company typically comes back with a low-ball settlement. We will respond with another offer that is within the range you deserve. This negotiation process continues until we reach a settlement amount both sides agree on. We aggressively represent your interests throughout this process, fighting for the maximum amount of compensation available based on your damages.
In most cases, these negotiations result in a fair settlement. Occasionally, we may recommend pursuing a personal injury lawsuit in civil court to get the compensation a client deserves.
What types of damages can I get through an insurance claim?
Because of the serious nature of injuries sustained in most motorcycle crashes, we understand you need compensation to pay for hospitalization, rehabilitation, lost wages, and even ongoing nursing care. In addition to your economic damages—your actual financial losses—we can also ask for non-economic damages. These damages include compensation for the pain and suffering you endured and other emotional losses.
Occasionally, punitive damages may also be available. Courts award these damages to help prevent similar incidents in the future. They are typically only available when the at-fault party intentionally caused your crash or was guilty of gross negligence.
Call us today for a free consultation.
At the Law Firm of Anidjar & Levine, our lawyers understand you need support and guidance in your quest to recover the compensation you deserve after a crash. Let us handle the process for you. Call us today at 800-747-3733. We offer complimentary consultations and you pay nothing until we reach a settlement in your case.