Motorcycle Accident Attorney In Gainesville, FL
With its many winding roads and wide-open rural areas, Florida is a hotspot for motorcyclists. Unfortunately, the state also leads the United States in fatal motorcycle accidents. While The Sunshine State offers plenty of opportunities for motorcyclists to explore open roads, it’s critical they’re aware of the risks involved and know what to do in the event of an accident. Unfortunately for motorcycle crash victims, getting proper compensation following an accident can be difficult, especially without experienced legal representation. Without assistance from a motorcycle accident lawyer, victims are unlikely to receive adequate and fair settlement offers.
If you’re involved in a motorcycle accident, seek legal counsel and assistance to help you every step of the way. Contact a motorcycle accident lawyer at Stout Defense, P.A., to defend your rights and get you the compensation you deserve to recover lost wages, medical expenses, injuries, and vehicle repairs. Don’t wait — contact us for a free consultation.
Motorcycle Accident Law In Florida
Similar to regular car accidents, all parties involved must exchange contact and insurance information immediately after the accident. Florida law also requires that drivers involved in a motorcycle accident help injured passengers and motorcyclists. Unlike car drivers, however, Florida law does not require operators of two-wheeled vehicles to carry Personal Injury Protection (PIP) insurance. In fact, even when motorcyclists have PIP coverage because they also own cars, their policies typically do not cover injuries sustained in motorcycle accidents.
If another party was negligent and caused the motorcycle accident, Florida law gives motorcyclists the right to hold that party financially responsible for the injuries and losses they caused. These parties might include other dangerous drivers, manufacturers that sold defective motorcycle parts, or government entities that failed to maintain or repair roadways.
Common Causes Of Motorcycle Crashes
Some motorcyclists crash as a result of human error — any number of things can go wrong. Motorcyclists face different risks compared to other drivers. Learning frequent causes of motorcycle accidents can help them stay more aware of Florida’s roadways and reduce the risk of serious injury. The following include some of the most common causes of motorcycle crashes in Florida.
- Drunk Drivers
- Road Hazards
- Traffic Violations
- Defective Motorcycle Parts
- Distracted Drivers
- Lane Splitting
- Aggressive Drivers
- Failure To Yield
What To Do Following A Motorcycle Accident
Accidents are bound to happen, but knowing what to do when a motorcycle accident happens can make all the difference in case of an emergency. While it’s nearly impossible to predict when a crash will occur, knowing your rights and responsibilities can ensure recovery following the accident goes smoothly. The following includes the critical steps motorcyclists should take immediately following a motorcycle accident.
- Check yourself and others for any injuries: After regaining your bearings and checking yourself, be sure to check others for injuries and assist them if possible. Don’t move anyone who’s severely injured, and call 911 right away.
- Take photos: Take pictures of the scene from a variety of angles, thoroughly documenting the scene, including your motorcycle, other vehicles, and the surrounding environment.
- Move your motorcycle off the road: Once it’s safe to do so, move your motorcycle as far off the road as possible. This helps keep the bike from becoming a hazard to ongoing traffic.
- Gather essential information: After a police officer arrives on the scene, it’s important to gather information to receive the compensation you need. Ask the officer and others involved for their contact information, as well as vehicle information, the officer’s badge information, the police report number, and insurance information from others involved in the accident.
- Contact your lawyer: Contact your accident lawyer before giving any statements to your, or to the other driver’s, insurance company. Your attorney can deal with the insurance company on your behalf so you don’t have to worry about disclosing incriminating information or agreeing to an unfair settlement offer.
Motorcycle Accident FAQs
After a motorcycle accident, it’s important to talk to a lawyer right away to secure your rights and obtain the proper compensation. Get answers to frequently asked questions about motorcycle accidents, and contact our office today to get started on your motorcycle accident claim.
What Compensation Can I Receive From A Motorcycle Accident?
Compensation might cover any crash-related expenses, including emergency and hospital bills, rehabilitative care, lost wages, loss of earning capacity, and more. It’s important to note, however, that most insurance companies in Florida don’t compensate drivers for stress-related injuries. An accident attorney can help you seek additional compensation when needed.
How Long Do I Have To Take A Motorcycle Accident To Court?
Florida law sets a time limit, or statute of limitations, on how long you have to file claims against negligent parties. In general, victims have four years from the date of the accident to file a claim. If you miss the deadline, it is usually impossible to pursue compensation. A knowledgeable attorney will evaluate your case, help you understand your legal rights and work with you through every step of the process to ensure your lawsuit is filed at the correct time and for the proper amount.
How Can A Motorcycle Accident Attorney Help Me?
Similar to car accidents, a motorcycle accident lawyer can help review and argue settlement offers. We help gather evidence, build an iron-clad case, negotiate on your behalf, represent you in court, and above all — get you the compensation you deserve. Keep in mind, the law restricts how long you have to take legal action, so make sure you get the help of an attorney right away.
What Happens If The Accident Was My Fault? Can I Still Receive Compensation?
Florida has a “pure comparative fault” rule which means that all parties involved in an accident share the blame. In short, juries calculate two factors when determining compensation: the total amount of damages for each party and each party’s share of the fault. Depending on these factors, the court determines the proper amount of compensation.