Tampa Motorcycle Accident Lawyers

motorcycle accident with a sedanAt Jack Bernstein, Injury Lawyers, our Tampa motorcycle accident attorneys have more than three decades of experience in personal injury law. We know the challenges that motorcycle accident victims face in claiming fair compensation for their injuries.

We are dedicated to protecting the rights of motorcyclists. You have the right to fair treatment in the legal system. With our experienced Tampa accident lawyers fighting for you, you have experts on your side to build a strong legal strategy and get the maximum settlement for your claim.

What Should You Do After a Motorcycle Crash?

If you’ve been hurt in a crash, our Tampa motorcycle accident lawyers are ready to help you claim financial compensation. You may be entitled to a range of damages, but you must take the right steps to get your payment.

After a motorcycle accident, you should:

  • If possible, move away from traffic and other vehicles.
  • Call first responders and seek medical assistance if you are hurt.
  • Contact the police.
  • Call your insurance company to report the incident.
  • Get contact information from other drivers, including name, driver’s license number, and insurance details.
  • Collect contact information from any witnesses of the accident.
  • If you’re able, take pictures of injuries, damage, and the accident scene.

You should also keep calm and allow law enforcement to do their job. Avoid confrontation with other parties or saying something that could affect your claim for compensation.

What Are Common Motorcycle Accident Injuries?

man on a stretcher due to a motorcycle accident
Victims of motorcycle accidents often sustain serious injuries. They do not have the protection of a car’s safety features, and the vehicle that strikes them may be large. Common injuries include:

  • Broken bones
  • Brain damage, traumatic brain injury, concussion
  • Spinal cord injury and paralysis
  • Road rash
  • Whiplash
  • Ligament damage
  • Cuts, bruises and internal bleeding

Motorcycle riders are protected under the law, and the victim may claim the full amount of damages. There is no exception in the law or reduction when the victim is a motorcyclist—they may claim full compensation for another party’s negligence, recklessness, or intentional actions.

Does No-Fault Apply to Motorcyclists?

Motorcyclists in Florida are not required to have no-fault insurance. If they have it for their passenger vehicle, it doesn’t apply when they’re riding their motorcycle. A rider must have liability insurance minimums.

The no-fault threshold of Florida Statutes § 627.7361 does not apply, so a victim may claim pain and suffering along with economic damages whenever another party is at fault for a motorcycle accident due to negligence or more serious misconduct.

What Compensation Can You Get in a Motorcycle Accident Claim?

Motorcycle accident compensation may include all the following categories of damages:

  • Emergency medical care
  • Future medical bills
  • Rehabilitation and doctor visits
  • Lost wages and career changes
  • Property damage to your motorcycle
  • Helmet and riding gear damage
  • Pain and suffering
  • Emotional anguish
  • Humiliation, permanent disfigurement

Our personal injury lawyers know how to value damages and ensure you are compensated for all your losses. In addition, we gather the evidence needed to prove each element of the claim, including the value of your losses and the compensation that you deserve.

What Are the Causes of Motorcycle Accidents?

motorcycle after an accident

Every motor vehicle accident is different and several factors could have led to the motorcycle crash. However, driver error or negligence is a common cause of motorcycle accidents. Examples of fault in a motorcycle accident are:

  • Failing to allow the motorcyclist to use the lane
  • Pulling out in front of a motorcyclist
  • Entering the lane where the motorcyclist is traveling lawfully
  • Driving too fast for conditions including where riders may be present
  • Drunk driving, operating under the influence
  • Disobeying a stop sign or traffic light
  • Opening a car door in front of the motorcyclist
  • Poor vehicle design
  • Failing to take weather conditions into account
  • Speeding
  • Distracted driving

Other drivers must look out for motorcyclists and have an obligation to obey the rules of the road. The party that is at fault may owe the victim for a range of damages, both economic and non-economic damages.

RELATED: Florida Motorcycle Accident Statistics

How Do You Prove Your Right to Motorcycle Accident Compensation?

Motorcycle accident compensation is based on negligent behavior. A party who fails to exercise reasonable care and caution on the roads is responsible for negligence.

For example, if drivers are in a heavy traffic area, or if there are hazardous weather conditions, they should slow down. Also, a driver should be sure that the path is clear before making a turn at an intersection.

To prove your right to motorcycle accident compensation, you show how the driver at fault failed to exercise reasonable care. Violating a traffic law is most often an example of negligence.

Is There Compensation for Shared Fault in a Motorcycle Crash?

It’s possible that there are multiple parties at fault for a motorcycle accident. Don’t let that discourage you from talking to our Tampa, FL car accident lawyers about your claim. Florida uses a system of comparative negligence. That means you can still file a lawsuit even if your actions may have contributed to the accident.

Injuries for motorcyclists are often severe. It can be worth it to bring a claim even if shared fault is a question. Florida law can reduce the amount of compensation that you receive, but it may still be possible to receive something.

Our auto accident attorneys can help you understand how shared fault may impact your claim and compensation.

RELATED: What Is Florida Law on Wearing a Helmet?

Are There Tampa Motorcycle Accident Lawyers Near Me?

attorney discussing motorcycle accident case with client
The Jack Bernstein, Injury Attorneys law firm is dedicated to helping motorcycle accident victims get the compensation that they need to rebuild their lives. Our team offers dedicated legal representation and skills to our clients, including:

  • Experience with the unique issues involved in motorcycle accident cases.
  • Thorough knowledge of civil procedure and the insurance policies that may be involved in a motorcycle claim.
  • More than three decades of experience under the guidance of our founder, Jack Bernstein.
  • A law firm dedicated to helping victims—that’s all we do.
  • A team of more than 40 members. We have the personnel, resources, and technology you need to get results.
  • Success in both settlement negotiation and in achieving favorable trial verdicts for our clients.
  • Tailoring our services to reach your personal goals, whether it is through settlement or trial.
  • Attention to detail including procedural requirements to make your claim a success.
  • Courtroom experience. We represent you in all court hearings.

Throughout the case, we explain the process and offer legal advice. You know exactly what happens next and how we are working on your behalf. Our team answers your questions as we work together to get you the compensation that you deserve.

Free Consultation – No Fees Unless You Win

The first step is talking to our lawyers about your case. We offer free consultations with our legal team to see what your motorcycle injury claim may be worth. We want to learn about your case, explain the law, and answer your questions, so you understand your options. Call our Tampa motorcycle accident attorneys today to schedule your free case evaluation today.

Sources:

1FLA. STAT § 627.736 (2021)

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