MOTORCYCLE ACCIDENT?

Motorcycle accidents can have devastating consequences, resulting in severe injuries, medical expenses, and emotional trauma for victims and their families. If you or a loved one has been involved in a motorcycle accident in Lake Mary or the surrounding areas of Florida, you may be facing significant challenges and uncertainties. At Chubb Law, we understand the unique legal complexities of motorcycle accident cases and are dedicated to providing compassionate support and aggressive representation to injured riders and their families.

COMMON CAUSES OF MOTORCYCLE ACCIDENTS IN SEMINOLE COUNTY

Unfortunately, motorcycle accidents are a common occurrence in Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), motorcyclists are disproportionately represented in traffic fatalities. In 2022 alone, motorcyclists accounted for 19% of all traffic fatalities in Florida, even though they represent only 3% of registered vehicles.

Some of the leading causes of motorcycle accidents in Lake Mary and other Seminole County areas include the following:

• Inattention: Distracted driving by car and truck operators is a major contributing factor to motorcycle accidents. Texting, talking on the phone, or eating while driving can divert a driver’s attention from the road, increasing the risk of colliding with a motorcycle.

• Speeding: Excessive speed significantly reduces a driver’s reaction time and increases the severity of injuries in a motorcycle accident.

• Lane changes: Failing to yield the right of way or misjudging a motorcycle’s speed when changing lanes can lead to devastating crashes.

• Left-turn accidents: Left-turn collisions are a common scenario where car drivers fail to see or misjudge the distance of an oncoming motorcycle, resulting in a head-on collision.

• Impaired driving: Driving under the influence of alcohol or drugs is a serious offense that significantly increases the risk of accidents, including those involving motorcycles.

• Road hazards: Poorly maintained roads, potholes, uneven pavement, and debris on the roadway can pose significant dangers to motorcyclists, leading to accidents and injuries.

• Lane splitting: Lane splitting, the practice of riding a motorcycle between lanes of traffic, is illegal in Florida. However, some motorcyclists engage in this risky behavior, increasing the risk of collisions with other vehicles.

• Inexperienced riders: Inexperienced or unlicensed riders may lack the skills and knowledge needed to operate a motorcycle safely, increasing their risk of being involved in accidents.

• Vehicle defects: Defective motorcycle parts or components, such as brakes, tires, or steering mechanisms, can contribute to accidents and injuries, leading to product liability claims against manufacturers or distributors.

COMMON MOTORCYCLE ACCIDENT INJURIES

The lack of protection offered by a car leaves motorcycle riders vulnerable to severe injuries in an accident. These injuries can range from minor cuts and scrapes to life-altering conditions such as the following:

• Traumatic brain injuries (TBIs): TBIs can cause cognitive impairments, memory loss, difficulty speaking, and other long-term complications.

• Spinal cord injuries: These devastating injuries can result in paralysis, permanent loss of mobility, and a range of other debilitating effects.

• Road rash: This painful injury occurs when a rider’s skin scrapes against the pavement during a crash. While seemingly minor, road rash can be severe and require extensive medical treatment.

• Bone fractures: Motorcycle accidents often result in broken bones, ranging from simple fractures to complex fractures requiring surgery and lengthy rehabilitation.

• Internal injuries: Internal bleeding and organ damage can occur in motorcycle collisions and may not be immediately apparent. Seeking immediate medical attention is crucial.

• Amputations: In severe accidents, motorcycle riders may suffer amputations of limbs. This can profoundly impact a person’s life and ability to function.

• Psychological injuries: The trauma of a motorcycle accident can lead to post-traumatic stress disorder (PTSD), anxiety, and depression.

If you have suffered an injury in a motorcycle accident, contact our personal injury lawyers in Lake Mary. We can investigate your collision and determine your legal options for recovering compensation for your damages.

LEGAL RIGHTS OF MOTORCYCLE ACCIDENT VICTIMS

If you have been injured in a motorcycle accident due to the negligence or misconduct of another party, you may be entitled to compensation. You may obtain compensation for the following damages:

• Medical expenses: Compensation for past and future medical treatment, hospitalization, surgery, rehabilitation, and therapy related to your injuries

• Lost income: Reimbursement for lost wages, income, and earning capacity resulting from your inability to work due to accident-related injuries

• Pain and suffering: Damages for physical pain, emotional distress, mental anguish, and loss of enjoyment of life

• Property damage: Compensation for repair or replacement of your motorcycle and other personal property damaged in the accident

• Wrongful death: If a loved one has been killed in a motorcycle accident, surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, and loss of companionship and support.

UNDERSTANDING FLORIDA’S INSURANCE LAWS

For all vehicles with four wheels, Florida operates under a no-fault insurance system, meaning that regardless of who is at fault in an accident, each motorist’s own insurance company is responsible for covering their medical expenses and related losses. However, the law is different for motorcycle accidents. Florida PIP (personal injury protection) insurance does not cover motorcycles; it only covers vehicles with four wheels.

Florida Statutes § 627.736 covers all four-wheeled motor vehicles, it does not provide coverage for motorcycles or other self-propelled forms of transportation. Instead, Florida Statutes § 324.021 recommends motorcyclists maintain a different type of insurance that provides financial responsibility in an accident.

Florida drivers and motorcyclists must carry at least $10,000 in Property Damage Liability (PDL) insurance, which pays for damages to another person’s property if you are found at fault in an accident. In Florida, drivers have the option to purchase additional coverages for enhanced protection, including Bodily Injury Liability (BIL) insurance and Uninsured/Underinsured Motorist (UM/UIM) coverage. These extra coverages can offer valuable protection in cases where the at-fault driver does not have enough insurance to cover your damages. Because there is no PIP coverage for motorcyclists, it is strongly recommended that riders purchase UM/UIM coverage on their own policy.

PROVING NEGLIGENCE AFTER A LAKE MARY MOTORCYCLE ACCIDENT

Florida is a comparative negligence state. This means that if you are partially responsible for the accident, your compensation may be reduced proportionally to your degree of fault. However, you can still recover damages as long as you are not more than 50% at fault for your accident.

To establish negligence in your motorcycle accident case, you will need to demonstrate the following elements:

• Duty of care: The other driver owed you a duty of care, meaning they had a legal obligation to act reasonably and prudently under similar circumstances. All drivers have a duty to operate their vehicles safely and follow traffic laws.

• Breach of duty: The other driver breached their duty of care, meaning they violated a traffic law, acted recklessly, or failed to take necessary precautions while driving. Common examples include speeding, distracted driving, failing to yield the right of way, or driving under the influence.

• Causation: The other driver’s breach of duty directly caused your motorcycle accident, meaning there is a clear connection between their actions and your injuries. Evidence like witness statements, accident scene photos, and police reports can help establish causation.

• Damages: You suffered actual damages as a result of the accident. These damages can be financial, like medical bills and lost wages, and/or non-economic, like pain and suffering and emotional distress.

Unfortunately, motorcycle riders often face an unfair bias in accident cases. Insurance companies or defense attorneys may try to shift some blame to you, suggesting you were speeding, driving recklessly, or not wearing proper safety gear. Our knowledgeable motorcycle accident attorneys in Lake Mary can help combat this bias and ensure a fair evaluation of your case.

THE LEGAL PROCESS AFTER A MOTORCYCLE ACCIDENT IN SEMINOLE COUNTY

If you have been involved in a motorcycle accident in Lake Mary, Winter Springs, Longwood, or a surrounding area in Florida, understanding the legal process that follows can help you protect your rights and pursue maximum compensation for your injuries. The key steps involved in the legal process after a motorcycle accident in Seminole County include the following:

• Seek medical attention: Your health and safety should be your top priority after a motorcycle accident. Seek medical attention immediately, even if you do not think you have been seriously injured.

• Report the accident: In Florida, you are required to report a motor vehicle accident to law enforcement if it results in injury, death, or property damage exceeding $500. Call 911 or contact the Lake Mary Police Department, the Seminole County Sheriff’s Office, or Florida Highway Patrol to report the accident.

• Gather evidence: If possible, gather evidence to support your potential claim while still at the scene of the accident. Take photos of the accident scene, including vehicle damage, skid marks, road conditions, and any visible injuries, collect contact information from witnesses, and exchange contact and insurance information with the other parties involved.

• Notify your insurance company: Report the accident to your insurance company as soon as possible. Provide them with the necessary information about the collision and cooperate with their investigation; however, be cautious when providing statements or signing documents, as anything you say or sign can be used against you later.

• Consult with a Lake Mary motorcycle accident lawyer: Contact our experienced motorcycle accident attorneys in Lake Mary to discuss your legal options. Our skilled attorneys can review the details of your case, evaluate your potential claims, advise you on the best course of action, handle communication with the insurance companies, gather additional evidence, and represent your interests in negotiations or litigation.

• Investigation and evaluation: Our lawyers will thoroughly investigate the circumstances surrounding the accident to determine liability and assess the extent of your damages. This may involve reviewing the accident report, collecting medical records and bills, consulting with accident reconstruction experts, and gathering other relevant evidence to support your claim.

• Negotiation with insurance companies: Our attorneys will negotiate with the at-fault party’s insurance company on your behalf to seek a fair settlement for your injuries and damages. We will present evidence of liability and damages and negotiate for the maximum compensation available.

• Litigation: If a fair settlement cannot be reached through negotiations, we may advise you to file a lawsuit and litigate your case in court. We will prepare and file the necessary legal documents, conduct discovery, and represent your interests at trial, presenting evidence and arguments to a judge and jury to seek a favorable verdict.

• Resolution: Once a settlement is reached or a verdict is rendered in your favor, we will assist you in finalizing the resolution of your case. This may involve negotiating the terms of a settlement agreement and ensuring that you receive the compensation you are entitled to in a timely manner.

• Follow-up care and recovery: Throughout the legal process, continue to follow up with medical treatment, rehabilitation, and therapy as needed to support your recovery. Our legal team can help you navigate any ongoing medical issues and address any concerns or questions you may have during this time.

Navigating the legal process after a motorcycle accident in Seminole County can be complex and challenging, but with the guidance of our experienced lawyers, you can protect your rights and pursue the compensation you deserve. If you have been injured in a motorcycle accident, do not hesitate to contact our skilled motorcycle accident attorneys for assistance. We can provide you with the legal support and advocacy you need to move forward on the path to recovery.

HOW MUCH TIME YOU HAVE TO FILE A PERSONAL INJURY LAWSUIT AFTER A MOTORCYCLE ACCIDENT

In Florida, the statute of limitations for personal injury claims sets a strict deadline for filing lawsuits arising from injuries caused by another party’s negligence or wrongful conduct. Understanding and adhering to these deadlines is crucial, as failure to file a lawsuit within the specified timeframe can result in losing the right to seek compensation for your injuries. Under Florida law, the general statute of limitations for most personal injury claims is two years from the date of the accident or incident that caused your injury.

It is important to note that if your personal injury claim involves a government entity or employee, such as a municipal government or public transportation agency, special rules and deadlines may apply. In Florida, claims against government entities are subject to strict notice requirements and different deadlines for filing lawsuits. Failure to comply with these requirements can result in the dismissal of your claim.

Given the complexities of Florida’s personal injury statute of limitations and the potential consequences of missing the deadline, it is advisable to consult with our experienced personal injury attorneys as soon as possible after your accident. Our motorcycle accident lawyers can evaluate the facts of your case, determine the applicable statute of limitations, and ensure that your legal rights are protected by taking timely action to file a lawsuit if necessary.

WHY CHOOSE CHUBB LAW FOR YOUR FLORIDA MOTORCYCLE ACCIDENT CASE?

Our skilled team at Chubb Law has a 5.0 rating on Google because we treat our clients like family. After a devastating motorcycle accident in Seminole County, we can offer you the following:

• Extensive experience: Our legal team possesses in-depth knowledge of Florida motorcycle accident laws and a 99.9% success rate in securing maximum compensation for injured riders.

• Unwavering advocacy: We are relentless in our pursuit of justice for our clients. We will fight aggressively to hold negligent parties accountable and attempt to obtain the resources you need to recover.

• Compassionate approach: We understand the physical and emotional toll a motorcycle accident can take on an entire family. We offer personalized support and guidance throughout the legal process and offer you direct access to an experienced attorney.

• Guaranteed communication: Our clients have direct, unlimited access to our skilled personal injury lawyers.

• Proven results: Our legal team has a history of securing significant settlements and verdicts on behalf of motorcycle accident victims in Lake Mary, Casselberry, Oviedo, and throughout Seminole County. We have recovered millions in compensation for our clients.

• No out-of-pocket fees: We work on a contingency fee basis, meaning you pay nothing upfront and only a percentage of the compensation we recover for you.

We are happy to meet with you in the manner that is most convenient for you, whether via virtual meeting, text, or in person. Contact us today to learn how we can help you after your motorcycle accident.

CONTACT US AFTER YOUR MOTORCYCLE ACCIDENT FOR A FREE CASE EVALUATION

If you have been injured in a motorcycle accident in surrounding areas of Seminole County, or throughout Florida, you do not have to face the challenges ahead alone. At Chubb Law, our dedicated team of motorcycle accident attorneys is here to fight for your rights and help you pursue the compensation and justice you deserve. With our knowledge, experience, and commitment to excellence, we will be your trusted advocates and allies every step of the way.

Contact us today to schedule a free case evaluation and learn how we can help you move forward on the path to recovery.