A Compassionate Lawyer For Motorcycle Accident Victims

Accidents involving motorcycles are extremely dangerous as they can result in severe injuries and even death. When the injuries are more serious, the compensation required needs to be higher in consequence. Several legal issues concerning fault and negligence, including whether or not the injured person was wearing protective gear, can have an impact on motorcycle accident claims.

The best way to protect your rights after a motorcycle accident in Florida is to get help from our experienced motorcycle accident attorney at BC Law. Founding attorney Barry Carothers has been riding motorcycles for decades, and he often rides his motorcycle to work. He understands both the dangers and joys of riding as well as the trauma associated with a motorcycle accident.

Determining Liability In Motorcycle Accidents

Florida law applies comparative negligence in personal injury cases. This means that a court or jury will examine the facts of your case and decide on a percentage of fault for each party involved in the accident. If it is determined that you are partially to blame, your settlement will be reduced by the percentage of fault that the court assigns to you. For example, if you are determined to be 25% at fault and the settlement is initially $100,000, your settlement is reduced by $25,000 for a final payment of $75,000.

Proving liability for a motorcycle accident relies on proof that the injured rider did not significantly contribute to the cause of the accident. To prove liability, the following factors need to be considered:

• Duty: The driver at fault failed to ensure the safety of those on the road.
• Breach of duty: The at-fault driver breached the duty to protect others on the road.
• Causation: The victim’s accident was directly triggered by the irresponsible/negligent conduct of the at-fault driver.
• Damages: The victim sustained damage due to the accident, either in the form of injuries, property damage and/or death.

After a motorcycle accident, it is important to gather as much information as possible. By doing this, you can help our team demonstrate these negligence elements, showing that the driver at fault was responsible for the accident.

Motorcycle Accident Injuries

Compared to car drivers, when a motorcycle accident happens, motorcyclists are at a significantly higher risk of experiencing serious injury or death. Motorcycles lack a passenger vehicle’s standard protections and leave riders unprotected. Some of the most common injuries in motorcycle accidents include:

• Broken bones
• Concussions
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Paralysis
• Facial injuries
• Internal injuries
• Road rash or burns
• Loss of limbs
• Scarring

The physical, emotional and financial impact these accidents may have on victims and their families is at the root of our commitment to protecting the interests of the victims.

Our attorney stands up to big insurance firms to ensure that you obtain fair compensation to help you put your life back together. Our law firm is committed to advocating for motorcycle accident victims.

Compensation In A Motorcycle Accident Claim

In general, compensation for injuries caused in a motorcycle accident falls into two categories: economic and noneconomic damages. Economic damages are intended to compensate a survivor of an accident for the costs and economic losses they suffer as a consequence of their injuries. Usually, economic damages include:

• Health care/medical costs – This includes hospital stays, surgery, doctor appointments, physical/occupational/speech therapy, prescription drugs and qualifying medical devices such as braces, crutches and wheelchairs.
• Lost income – Lost income compensation covers earnings you lose when you miss work due to injuries.

Noneconomic damages are meant to compensate a person for the physical and emotional or mental trauma they experience. Noneconomic damages are emotional damages and cannot be measured by comparing bills or invoices. Noneconomic damages include:

• Pain and suffering – This involves the physical and emotional distress that keep you from performing everyday tasks or engaging in activities you used to enjoy.
• Loss of companionship – This is compensation for the loss of affection and close relationships due to death or severe injuries.

You may also be entitled to seek compensation for property damage as part of your motorcycle accident settlement. This includes the cost of fixing or replacing your motorcycle and any other damaged property in the accident, such as your clothes or helmet.

A wrongful death case can be filed if a loved one was killed in a motorcycle accident. It is meant to compensate the estate of the deceased victim and his family for their loss.

Florida Motorcycle Helmet Laws

In Florida, an approved motorcycle helmet must be worn by any motorcycle operator or passenger under the age of 21. Also, protective eyewear must be worn by all motorcyclists. As long as they carry at least $10,000 in insurance, people over the age of 21 do not need to wear a helmet. If this minimum insurance plan is not available to you, you must wear a motorcycle helmet when riding.

As an experienced motorcyclist, Barry Carothers always suggests wearing an approved motorcycle helmet when riding. This is one of the best ways to avoid severe, or even fatal, head and brain injuries in the event of an accident.

Motorcycle Insurance Requirements In Florida

As stated earlier, any motorcyclist who is over the age of 21 and chooses to ride without a motorcycle helmet must have medical insurance coverage of at least $10,000. To meet the state of Florida’s minimum insurance requirement for motorcycle riders, you must meet the following thresholds:

• $10,000 per person in bodily injury coverage
• $20,000 per accident in bodily injury coverage
• $10,000 in property damage liability

Remember that personal injury protection (PIP) in Florida is only for vehicles with four wheels. This is why motorcyclists must meet minimum insurance requirements.

Deadline For Filing An Accident Lawsuit In Florida

In Florida, victims of motorcycle accidents have two years to file a case after the crash. Both personal injury and any property damage will be protected by this action. However, it is important to remember that if a motorcycle rider dies due to the injuries they sustained in an accident, a representative of their estate can file a wrongful death claim within two years of the day the rider died, including cases where the rider died due to their injuries well after the date of the accident.

How A Motorcycle Injury Attorney Can Help

The process of filing a motorcycle accident claim may seem daunting as you recover, it is important to act quickly. Evidence and witnesses are harder to find the longer you wait. If you’ve been injured or a loved one has died as a result of a motorcycle accident, call us today at 772-236-9731 for a free case review. You can also reach us through our online contact form.