Florida Motorcycle Accident FAQ
Motorcycle accidents may seem like they’re the same thing as car accidents, but they’re often far more complex. The injuries are more intense. Fatalities or severe, lifelong impairments are far more likely. We’ve put together this FAQ to guide you through this confusing time.
One of the biggest differences lies in how people perceive motorcyclists. Often, juries and judges are more likely to believe the motorcyclist was at fault, or reckless for being on a motorcycle at all. Paradoxically, a motorcycle accident is more likely to be caused by the negligent driver of an automobile than by any other factor. You need to make an outstanding legal case to secure the compensation you’re entitled to. In addition, motorcycle accidents are far more likely to be fatal, which means it’s likely to become a wrongful death suit, not just a personal injury suit. When the victim does live the injuries are often more severe, and may even require lifelong care—a situation which requires a special kind of settlement. Yes, and no. In Florida, there’s no law which says you have to wear a helmet unless you’re under the age of 21. You have to have medical insurance to ride around without a helmet, but you are permitted to do so. You have a right not to wear one if you choose. A helmet alone doesn’t prevent injuries, even fatal ones, though the extra protection certainly helps. Unfortunately, you’re likely to run into that bias again once juries find out you weren’t wearing a helmet. It will be twice as hard to overcome this prejudice. If you weren’t wearing a helmet you need to be even more careful about what you say and do, and you need good attorneys on your side who will help you build and investigate your case. Probably not. The settlement is unlikely to cover all of your needs after an accident. Think about it. You’ve probably suffered from broken bones, head injuries, spine injuries. You might be paralyzed for life. You might be dealing with brain damage. You’re probably going to lose wages while you’re hospitalized. You may lose your capacity to do work for good. Your spouse may end up having to take on a much bigger burden as he or she struggles to pay the bills, do the housework, and care for you alone. You might have to hire professionals to take care of some of the tasks you once did. And you may have new medical bills which will follow you for a lifetime. You’re entitled to compensation for all these expenses. Even if an insurance company offers you $150,000 on the spot it simply may not be enough to compensate you for your losses. In fact, it might not even cover your very first visit to the ER. It doesn’t matter if the adjuster seems kind. It doesn’t matter if the amount seems big. Right now, the insurance company is not your friend. Call us and let us handle the insurance companies for you. We know what is actually reasonable in these cases, and we can begin working you towards a settlement you deserve. And, if the matter goes to trial, this is the easiest way to ensure you don’t accidentally say something which will wreck your case later. Contact a personal injury attorney right away. The decedent’s spouse and minor children may be entitled to receive compensation. This compensation should cover loss of the decedent’s future income, funeral expenses, loss of benefits, any medical expenses incurred while attempting to save the decedent’s life. You may also entitled to compensation for the loss itself, even though there’s no monetary value that can ever be placed on such a devastating loss. Some plaintiffs feel guilty, as if they’re “profiting” from the death of a loved one. It’s a natural emotion, but there is one pragmatic fact…you’re going to have a lot of bills to pay and some major expenses to handle. You have lost that source of support, and the negligence of another human being may be the likely cause for that loss. The negligence may not have been malicious or even purposeful. Everyone’s attention slips from time to time—but one slip is all it takes. Finally, your loved one would want to know you’re taken care of. So please don’t hesitate to contact a personal injury attorney. You’re exercising your legal rights—you’re not doing anything wrong. People are sometimes reluctant to call lawyers unless they’re pretty sure they have a “good case.” They’re afraid of being rejected by the lawyer, or even told the entire incident was their own fault. However, the truth is…if you were in an accident and you had injuries? There’s a case. If your loved one died in a motorcycle accident, there’s a case. You need a lawyer to determine the strength of the case, and to build the case based on the facts. You can’t sit around trying to guess whether or not you have a case. Everyone will have an opinion—family members, friends, and random people you meet on the street. The truth is, you need a lawyer to sort everything else, because you’re involved in a case now no matter what. Now, the idea is to protect your rights. First, call the police, and call for medical help. If you can, write down the name, address, and phone number of the other driver, the witnesses, and anyone else who is on the scene. If you’re capable of doing so you should take photos. If not, at least try and observe the location, the conditions at the time of the accident, and anything else you can think of. Get medical help even if you don’t think you’re injured—you probably have injuries you can’t see yet, especially in a motorcycle accident. Avoid answering questions unless those questions are being asked by a police officer. Some insurance adjusters show up right at the scene of the accident, hoping to catch you off guard while you’re injured. Others will show up at the hospital. These guys truly do deserve the term “ambulance chasers,” since they’re there to wreck your case before it’s even begun. Don’t sign anything, don’t say anything, and don’t give away any information. Call your own insurance company, however, just as quickly as you can. You want your own insurance company to cover its share of the damages, and it won’t do that if you don’t file a claim. Next, follow every one of the doctor’s instructions. Brushing off the doctor’s instructions can harm your case later. When you’re well enough to do so, write down notes about what you saw at the scene of the accident while it’s still as fresh as possible. Keep records of everything—the police report, your medical bills, receipts from any services you had to use while you were recovering, and anything else that seems to relate to the case. Get those copies to your lawyer so they can help you get reimbursed.
