Because motorcycles lack many basic safety features, riders tend to sustain serious injuries when involved in an accident. Fractures, brain trauma, internal injuries, and spinal cord injuries are all quite common, as are burns, lacerations, and road rash. The extensive medical treatment motorcycle accident victims often require, combined with a lot of missed time from work, can make for exceptionally stressful—and financially challenging—times.
Injured riders—or their loved ones in cases of incapacitation or death—should explore their legal and financial options to see what kinds of compensation might be available. To discuss your case with a motorcycle accident lawyer in Sunrise, call the Law Firm of Anidjar & Levine and request a free consultation.
Can I File a Claim and Recover Damages After a Motorcycle Accident?
Motorcyclists are at a disadvantage when it comes to injury claims in Florida. State law requires that drivers carry personal injury protection (PIP) coverage to pay for injuries accident victims sustain regardless of fault. In the event of a car crash, drivers must turn to their own PIP coverage first for compensation. They can only hold other parties responsible in cases of severe injuries.
Motorcyclists do not have to comply with this PIP coverage requirement. When they are in an accident, they usually cannot turn to their own auto insurer for recovery. Considering the severity of injuries riders sustain and the lack of PIP coverage, getting in an accident puts riders at risk for both physical and financial catastrophe.
If you suffered an injury in a motorcycle crash, you may have other options for recovering compensation for your losses.
Personal Insurance
If you were at fault, you can seek coverage from any health insurance or disability insurance you may carry. Our Sunrise personal injury lawyers can help you file a claim with your insurer.
Liability Claim
If the other party was at fault for the accident, we may be able to file a claim with their policy. If the other driver had bodily injury liability (BIL) coverage, their policy should cover your injuries.
Lawsuit
Our attorneys can also help you file a civil suit against the at-fault party to seek recovery. Riders do not have to meet the same injury severity threshold that drivers do. We can advise you on the best course of action in your case.
Do I have a Viable Motorcycle Accident Case?
Because the injuries and expenses involved in a motorcycle accident are often substantial, you need to keep all of your legal options on the table to recover damages.
To have a viable case, we must offer proof that another party—the defendant—caused or contributed to your injuries. We must be able to show that the defendant acted in a careless, reckless, or negligent way, and that the negligence is what caused your accident.
All of the following are examples of negligence that may cause a motorcycle accident:
- Driving under the influence;
- Driving while texting and other forms of distraction;
- Not looking at surroundings or using a turn signal before changing lanes or making a turn;
- Violating traffic laws by speeding, failing to yield right-of-way, or ignoring traffic signals; and
- Driving aggressively.
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Who is Liable for My Motorcycle Accident?
Discerning liability can get tricky. A driver, another rider or pedestrian, a faulty bike part, or even defective roads may have played a role in causing your crash.
There may even be more than one party at fault. There could be multiple vehicles involved or the driver and the rider may both be partially at fault. In shared fault cases, the pure comparative negligence standard applies. This law states that when multiple parties are at fault, each party can recover only the portion of his or her damages that the other party caused. In other words, if a motorcyclist is 30 percent at fault for the accident, he can only recoup 70 percent of his losses.
Considering the nuances of liability for motorcycle accidents and the difficulty in identifying causation, you should speak to one of our lawyers before opening a claim or taking any legal action. Our attorneys would be happy to review your case and answer any questions you have about liability, recovery options, and how we may be of assistance. Contact us any time for a free case evaluation.
How much is my Motorcycle Claim Worth?
Each claim is different. Some motorcycle cases settle for several thousand dollars, while others result in multi-million dollar verdicts. Various factors affect the value of claim, such as the severity of the injuries, who was at fault, the types of coverages involved, and the victim’s pre-accident income.
When our firm represents a motorcycle accident victim, we take into account the totality of the damages and fight for maximum compensation for our client. We take the time to understand your injuries, future medical needs, your emotional harm, and how the accident will impact your future and finances. During the process, we may consult a forensic financial expert to calculate the future value of your expected losses and the expenses you will sustain as a result of the injuries.
CAUTION: Do not accept an offer from the defendant or insurer without first running it by one of our personal injury attorneys. Prematurely settling will result in less money for you and your family. Once you settle, you cannot go back and request more compensation later if your injuries do not improve or they worsen. Before agreeing to anything, have us review your claim, calculate the value, and negotiate for a larger sum on your behalf.
Do I really need a Motorcycle Accident Lawyer?
Given the complexities of motorcycle accident laws in Florida, the challenges riders have when trying to recover, and the potentially significant value of a motorcycle claim, you need an attorney who is well-versed in motorcycle cases to assist you.
The caring, determined lawyers at the Law Firm of Anidjar & Levine have successfully managed hundreds of motorcycle accident cases in Sunrise and across South Florida. We can help with every aspect of your case, from determining liability and collecting evidence to negotiating with the insurer or taking your case to court. Contact us today for a free consultation.
