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Motorcycle Accidents

At Britto & Herman Injury Lawyers, we help individuals in Jupiter and all Florida counties seek appropriate compensation for their suffering and expenses after they have been injured in a motorcycle accident caused by another person’s negligence.

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Motorcycle Accident Lawyers in Jupiter, Serving All Florida Counties

Experiencing a motorcycle accident in Florida can be a traumatic and life-altering event. After your initial pain and suffering, the aftermath often involves a range of frustrations and difficulties that may include your inability to work and mounting expenses due to medical bills and treatments. Fortunately, motorcycle accident victims in Florida do not have to face this process alone. Our experienced motorcycle accident attorneys at Britto & Herman Injury Lawyers provide injured motorcyclists invaluable guidance and support, helping to navigate the legal system while seeking fair compensation for the many economic and noneconomic losses often caused by a motorcycle accident.

Motorcycle accident cases can be complex. If you are a motorcycle accident victim, our experienced personal injury lawyer team can guide you regarding your options for pursuing legal action after you were injured in a motorcycle crash in Florida. Our law firm offers free case evaluations for Florida motorcycle accidents, and we can help you seek compensation for many types of losses you may have suffered in a Florida motorcycle accident:

  • Emotional Impact: Victims may grapple with profound emotional and psychological challenges such as anxiety, fear, mood swings, humiliation, and even post-traumatic stress disorder (PTSD). These emotional effects can persist long after physical injuries have healed, impacting the victim’s quality of life.
  • Physical Injuries: Motorcycle accidents can lead to severe injuries, including broken bones, head injuries, and spinal cord damage. Such injuries can lead to chronic pain, limited mobility, and loss of independence.
  • Financial Difficulties: The financial impact of a motorcycle accident can be substantial. Medical bills can quickly pile up, from emergency care to ongoing treatment and rehabilitation. If the injuries prevent the victim from working, they may also face a loss of income.
  • Legal Challenges: Navigating the legal system to seek compensation for these losses can be complex and frustrating. It’s often necessary to engage an experienced motorcycle accident attorney to ensure that victims receive the compensation they need.

Contact the experienced motorcycle accident lawyers Britto & Herman Injury Lawyers today to schedule a free consultation so we can strategize your next steps to seek appropriate compensation for the losses you have suffered due to your motorcycle accident.

Typical Motorcycle Injuries in Florida

Motorcycle accidents in Florida can lead to a variety of injuries — some of which can be severe and life-threatening. Here are the common types of injuries that victims may suffer:

  • Traumatic Brain Injury (TBI): This injury occurs when the brain suffers trauma, often due to a sudden impact or violent shaking. Symptoms can range from mild concussions to severe brain damage.
  • Spinal Cord Injuries: These injuries can be caused by a violent blow to the spine, potentially leading to permanent changes in strength, sensation, and other body functions below the point of injury.
  • Road Rash: This is a type of skin abrasion that occurs when a motorcyclist slides across the pavement during an accident. It can lead to serious skin damage, infections, and scarring.
  • Internal Injuries: These include damage to organs, internal bleeding, and broken ribs, which can be life-threatening if not treated immediately.
  • Facial and Neck Trauma: This includes injuries like broken cheekbones, lacerations, and whiplash, often due to a lack of helmet use.
  • Lower-Extremity Injuries: These injuries commonly affect the rider’s legs and wrists, including fractures, dislocations, and sprains.
  • Burns: Motorcyclists can suffer burns from their vehicle’s exhaust pipes or from friction during a slide on pavement.
  • Fatalities: In some severe cases, motorcycle accidents can lead to death — usually due to catastrophic head, neck, or chest injuries. At Britto & Herman, we can help you pursue a wrongful death claim if the incident occurred due to someone else’s negligence.

Wearing a helmet and protective gear, observing traffic rules, and riding responsibly can significantly reduce the risk of these injuries. If you have suffered these or any other injuries in a car accident, you need to seek medical attention and coordinate closely with an experienced Florida motorcycle accident attorney to strategically plan your medical and financial recovery.

Seek Medical Attention Immediately, As You May Have Unknown Injuries

Seeking immediate medical attention following a motorcycle accident in Florida is essential for several reasons, affecting your ability to recover in both health and financial terms:

  • Detection of Unknown Injuries: Not all injuries are immediately apparent after an accident. Conditions like whiplash or internal bleeding may not show symptoms until hours or even days later. A medical professional can conduct the necessary tests and examinations to identify hidden injuries.
  • Prompt Treatment: Early diagnosis leads to prompt treatment, which can significantly improve your prognosis. For example, untreated internal bleeding can lead to serious complications and even death.
  • Medical Documentation: Medical records provide an official account of your injuries, which is very important when seeking financial recovery. These documents can serve as evidence of the extent and severity of your injuries, the treatment received, and the potential impact on your future health and quality of life.
  • Legal Implications: Immediate medical attention can also strengthen your personal injury claim by establishing a clear link between the accident and your injuries. A delay in seeking treatment could give the opposing party room to argue that your injuries were not due to the accident.

Your health should be your immediate priority following a motorcycle accident. Even if you feel fine, it’s still important to seek help from a medical professional to help ensure your well-being and protect your legal rights.

What To Do Following a Motorcycle Accident in Florida

Following a motorcycle accident in Florida, there are several steps you should take to preserve evidence, identify the other driver involved, and ensure your legal rights are protected.

Steps To Take at the Accident Scene After a
Motorcycle Accident

  1. Ensure Everyone is Safe: Check on all parties involved in the accident and move to a safe location if possible.
  2. Call the Police: Report the accident to law enforcement even if the accident seems minor. The police will create an official accident report, which can be vital for insurance claims and potential lawsuits.
  3. Document the Scene: Take photographs of the accident scene, including your motorcycle, other vehicles involved, road conditions, and any visible injuries. This can serve as key evidence in your case.
  4. Identify the Other Driver: Secure the other driver’s contact and insurance information. Also, try to gather contact information from any witnesses.

Steps To Take After Leaving the Motorcycle Accident Scene

  1. Seek Medical Attention: Even if you don’t feel injured, it’s crucial to seek immediate medical attention. Some injuries may not be immediately apparent, and prompt treatment can improve your prognosis.
  2. Contact a Motorcycle Accident Attorney: An experienced attorney can guide you through the legal process, help preserve critical evidence, and represent your interests in discussions with insurance companies.
  3. Report the Accident to Your Insurance Company: Notify your insurer about the accident. However, avoid discussing fault or the extent of your injuries until you’ve consulted with your attorney. In many cases, your motorcycle accident attorney will handle communications and negotiations with the insurance company on your behalf.
  4. Follow-up Appointments and Treatment: Attend all medical appointments and adhere to prescribed treatments. It’s important to demonstrate that you’re taking your recovery seriously.

All Jupiter motorcycle accidents are unique, and this list is not exhaustive. Always consult with a motorcycle accident lawyer to understand the right course of action.

Types of Motorcycle Accidents in Florida — and How They Happen

Motorcycle accidents in Florida can occur in various ways, each with distinct implications for establishing fault and pursuing a personal injury claim. These cases often involve distinct factors from standard car accidents or collisions involving other types of motor vehicles.

  • Solo Accidents: These occur when a motorcyclist crashes without any other vehicle being involved. Factors contributing to solo accidents can include road conditions, weather, or rider error.
  • Collisions Involving Cars or Trucks: These accidents often happen when other motorists fail to see motorcyclists due to their smaller size. Common scenarios include a car making a left turn in front of an oncoming motorcycle or a truck merging into a lane occupied by a motorcycle.
  • Rear-End Collisions: These occur when a vehicle hits a motorcycle from behind. The driver of the rear vehicle is usually at fault in these cases.
  • Lane Splitting Accidents: These accidents happen when a motorcycle rider rides between lanes of slow-moving or stopped traffic. While lane splitting can be seen as a gray area in terms of fault, it can be argued that a motorcyclist was not riding safely given the existing traffic conditions. Despite this potentially reckless behavior, you should still consult a personal injury lawyer experienced in motorcycle accident claims.
  • Left-Turn Accidents: These are very common types of motorcycle accidents, often occurring when a vehicle makes a left turn in front of an oncoming motorcycle. The driver making the left turn is typically found at fault, unless the motorcyclist was speeding or in the wrong lane.
  • Distracted Driving: Motorcycles are notoriously difficult to notice on the road due to their smaller size and different behaviors as compared to more common types of passenger vehicles. Consequently, a driver who is distracted is often less likely to notice an incoming motorcyclist in their vicinity, and this can lead to distracted driving accidents.
  • Speeding and Alcohol Use: Accidents caused due to speeding or alcohol use can involve complex liability issues. The injured motorcyclist’s speed is an important factor, as well as the speed of the other driver(s). While the speeding or intoxicated driver may be partially at fault (and they were violating traffic laws intended to prevent such behavior), other factors such as road conditions or the actions of other drivers can also contribute.

Proving fault is crucial to securing compensation for injuries sustained in the accident. An experienced motorcycle accident attorney can help to assess motorcycle accident causes, gather evidence, establish fault, and navigate the legal process.

Types of Damages in a Florida Motorcycle Accident Case

In a Florida motorcycle accident case, if the accident was caused by someone else’s negligence, the injured motorcyclist may be entitled to both economic and non-economic damages.

Economic Damages You May Seek After a Motorcycling Accident in Florida

These are quantifiable losses that can be measured in monetary terms:

  • Medical Expenses: This includes costs for medical bills such as emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, and any future medical care related to the injury.
  • Lost Wages: If the injury prevents you from working, you may recover compensation for lost income. This also applies to reduced earning capacity if you’re unable to earn as much as you did before the accident.
  • Property Damage: You can claim compensation for repairs or replacement of your motorcycle and any other damaged personal property.

Your motorcycle accident lawyer at Britto & Herman will work with you to estimate the scope of your economic damages, accounting for medical bills, lost income, and damage to your property in your Florida motorcycle accident claim.

Non-Economic Damages You May Seek Following a Florida Motorcycle Accident

These are subjective, non-monetary losses that are more difficult to quantify when pursuing your motorcycle accident claim:

  • Pain and Suffering: This refers to the physical pain and emotional distress suffered due to the motorcycle accident injuries.
  • Emotional Distress: This can include anxiety, depression, and other emotional trauma associated with the motorcycle crash and subsequent injuries.
  • Loss of Enjoyment of Life: This covers loss of enjoyment in daily activities, hobbies, exercise, and other recreational activities.
  • Loss of Consortium: Spouses of injured motorcyclists may be able to seek damages for loss of companionship, affection, comfort, and sexual relations if the injured motorcycle rider dies from the injuries or is prevented from living a normal life due to the accident. A Loss of Consortium claim may be brought later, following a valid personal injury or wrongful death claim.

Each case is unique, and the amount of damages awarded will depend on the specifics. Consult an experienced Florida motorcycle accident attorney who can help accurately calculate and negotiate these damages.

Proving Fault in Your Florida Motorcycle Accident Case

Proving fault in a Florida motorcycle accident case involves establishing negligence, which is the failure to behave with an appropriate level of care for others. Note the following important factors and concepts related to proving fault in your Florida motorcycle accident case:

  • Negligence and Duty of Care — Every road user has a duty to exercise reasonable care to prevent harm to others. This includes a duty to prevent harm to motorcycle riders. When a driver fails to uphold this duty, they can be held liable for related damages.
  • Evidence Gathering — Collecting evidence at the scene of the motorcycle crash is a key component to proving fault. This may include photographs, witness testimonies, police reports, and vehicle maintenance records.
  • Differences from Other Accident Cases — Motorcycle accident cases can differ from other motor vehicle accidents due to the unique risks motorcyclists face. For instance, motorcycle riders are more exposed and vulnerable to injuries, and other drivers often overlook them due to their smaller size.
  • Comparative Fault — Florida follows a modified comparative fault system, which means that multiple parties can share fault for an accident. Under this system, your compensation is reduced by your percentage of fault in the accident. For example, if you’re found to be 20% at fault, your potential compensation will be reduced by 20%. However, you would not be able to seek compensation if you are determined to be at fault at a level of more than 50%.

The Four Elements Proving Fault for Damages You Suffered in a Florida Motorcycle Accident

To establish fault, you must prove four elements:

  1. The other party had a duty of care to you.
  2. They breached this duty (e.g., by speeding or driving recklessly).
  3. This breach caused the accident.
  4. You suffered damages in the accident caused due to the breach of duty.

Given the complexity of proving fault in a motorcycle accident case, it’s wise to work with an experienced Florida motorcycle accident lawyer to help you gather and present evidence, navigate the comparative fault system, and advocate for your interests following a motorcycle crash.

Dealing With Insurance Companies Following Your Motorcycle Accident

Communicating and negotiating with insurance companies following a motorcycle accident in Florida can be a complex and delicate process. Having your motorcycle accident attorney handle this aspect of your case is critical for several reasons:

  • Knowledge of Insurance Law: Insurance law can be confusing, and insurance companies may use this to their advantage. An experienced Florida motorcycle accident lawyer understands how these laws work and can ensure your rights are protected.
  • Negotiation Skills: Insurance adjusters are skilled negotiators whose job is to minimize the company’s payouts. Your attorney will have the skills and experience to negotiate effectively on your behalf.
  • Avoiding Damaging Statements: Anything you say to an insurance adjuster could potentially be used against you. For example, seemingly innocent comments about your physical condition or details of the accident could be misconstrued as admissions of fault or downplaying your injuries.
  • Accurate Valuation of Claims: Insurance companies may offer quick settlements that do not fully account for all your damages. An attorney  familiar with the claims process can accurately value your claim, considering both current and future medical expenses, lost wages, pain and suffering, and other factors in order to pursue compensation.
  • Avoiding Unnecessary Delays: Insurers may delay the process hoping you’ll become desperate and accept a lower settlement. An attorney can help to expedite the process by ensuring your paperwork is filed correctly and promptly.
  • Litigation: If a fair settlement cannot be reached, your attorney can prepare to take your case to court.

In sum, having an attorney handle communications with insurance companies can help towards maximizing your recovery and protecting your rights. It’s wise to consult with an experienced motorcycle accident attorney before speaking with an insurance adjuster.

Schedule a Free Consultation with Britto & Herman Injury Lawyers in Jupiter, Florida

At Britto & Herman Injury Lawyers, our priority is to seek justice for accident victims and their families throughout Florida. We are dedicated to assisting our clients during challenging times, helping them find guidance and stability.

With a proven track record of successfully representing clients in motorcycle accident cases, we have the requisite experience and knowledge to effectively advocate on your behalf, seeking the compensation and you need in the aftermath of a Florida motorcycle accident.

We serve motorcycle accident victims in all Florida counties. Call us today at (561) 835-5555(561) 835-5555 to schedule a free case evaluation with an experienced Florida motorcycle accident lawyer, or fill out our online form, and we will be in touch shortly.

Don’t delay, as time is of the essence in motorcycle accident cases. Count on the personal injury attorneys at Britto & Herman Injury Lawyers to provide unwavering support and carefully navigate the legal process to protect your rights and interests.

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