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Motorcycle Accident Lawyer in Fort Lauderdale

When attempting to recover compensation after a motorcycle incident, the different regulations in place combine with the lack of honesty from insurance companies make the whole process rather difficult. If you or any loved ones have been injured while riding a motorcycle, you need a reliable personal injury attorney in Fort Lauderdale you can trust and this is possible with The Injury Firm. Over the years, we’ve gained extensive experience in recovering compensation from a whole manner of motorcycle incidents and we can apply this knowledge to your case today.

As well as medical bills, we work on a case-to-case basis to recover loss of income, pain and suffering, and even damage to property. Regardless of the incident, we offer a free consultation so feel free to get in contact today.

Do I Need a Fort Lauderdale Personal Injury Attorney for My Motorcycle Accident?

If you’re currently asking this question, you aren't alone because it seems to be common after a motorcycle accident. However, recovering compensation from a motorcycle incident is even harder than doing so from a car incident and this is partly to the lack of Personal Injury Insurance Protection (PIP). In some states, this protection is only required for vehicles with more than four wheels.

Currently, there’s a misconception that, if the motorcyclist has a car with PIP, it works in the same way. Despite this, PIP doesn’t actually extend to other vehicles and you may be left having to pay for medical bills with no help by your side. For this reason, we’re here to help you recover compensation if somebody else was at fault for the incident. As long as you contact The Injury Firm soon after the incident, we can get to work and gather all the evidence we need to build a successful case.

After you choose us, we will photograph the scene to detail how the incident occurred, gather statements from witnesses, collect police reports, check medical records, contact the relevant insurance companies, reconstruct the accident, contact appropriate experts, investigate the other motorist, and do all we can to build the strongest possible case.

The Injury Firm - Motorcycle Accident Personal Injury Attorney

When researching attorneys in Fort Lauderdale, you’re likely to come across many different options and we don’t shy away from this. However, we have the experience and the right skills to construct the most effective case possible using the evidence gathered. Over the years, we’ve developed a team of experts that know motorcycle law inside-out and they work every day on cases just like yours. Although we never like to hear of accidents of the road, we have recouped millions of dollars for riders like yourself in an attempt to make road users more aware and thus make the roads safer.

Making a Motorcycle Accident Claim

If you or your loved one wasn’t at fault for the incident in question, you may be able to recover damages. As we mentioned, motorcyclists are not covered by PIP but this is also a good thing because it means the normal restrictions don’t apply. For injured riders, there isn't a ceiling to the amount they can claim for pain and suffering, medical bills, and more.

With ordinary motor vehicles, PIP insurance means that the victim has to pass an injury threshold before then going ahead with the case. Furthermore, reclaiming pain and suffering is significantly harder and, in the majority of cases, actually impossible. Without this injury threshold standing in the way, we can help you claim for absolutely all damages including those mentioned previously.

Negotiations - At The Injury Firm, we will discuss your expectations from the case and we’ll give our professional opinion as to what’s achievable. If it seems to be the best course of action for your case, we can contact the insurance company of the guilty party to negotiate a settlement outside of court. By utilizing the information gathered in the previous phase, we can gain the upper hand with the insurance company. If the negotiations don’t meet the target of the case, the next step will be to prepare for a legal case.

Negligence - With motorcycle accidents, they qualify as ‘personal injury’ cases which means the main factor to consider is negligence; this is what the judge will consider when ruling. Therefore, we will need to prove that the other road user was to blame with no chance of it falling at your own feet.

At this stage, we need to show that the user went outside the laws of the road and made it unsafe for all other road users within a certain radius. To do this, we’ll assess the weather conditions on the day, whether they followed the laws of the road sufficiently, whether they were under the influence of alcohol/drugs or distracted by a mobile phone, or even if they were showing a lack of attention to their surroundings. Once this has been proven, we can move forward with confidence in the case.

Product Liability - Let’s not forget, road incidents aren't always caused by other road users and you could have experienced a fault in the motorcycle itself. Although we have optimum trust in road vehicles these days, defects can still occur and, in these circumstances, we could pursue a lawsuit against the manufacturer. Once again, we would have to investigate fully and find the root cause of the problem which could include contacting industry experts and the like.

To prove the defect of the product, the experts will have to show that it was ‘unreasonably dangerous’ and should not have been in the hands of the rider. Additionally, we’ll have to show that you were riding the bike within the laws of the road and that there hadn't been a major shift in performance from the date of purchase.

As long as these steps are fulfilled and everything is as it should be, we can pursue the case because the fault lies solely with the manufacturer. Although this could be anything, common examples include defective fuel systems, defective tires, accelerators, brakes, gears, etc.

Wrongful Death - Sadly, a certain percentage of motorcycle accidents do lead to death but we’re here to provide you with the help you need to retrieve compensation. With an attorney by your side, you have a professional who knows what to do as well as what pitfalls to avoid.

Guide to Compensation from a Motorcycle Accident

Nowadays, the term ‘compensation’ is used as an all-encompassing word but the truth is it can vary greatly from one case to the next. Below, you can see the most common claims;

Loss of Wages - If you have had to take time from work because of an injury caused by the motorcycle accident, you are entitled to a fee back as a replacement. Not only does this cover what you’ve missed already, it should also calculate what you’re set to lose in the coming weeks and months.

Medical Expenses - As perhaps the most common of all, victims can receive all funds spent on medical expenses whether it’s for emergency care, surgery, therapy, etc. As long as the service is a direct impact of the incident, this can be retrieved.

Mental Suffering - Both victims and their families may be entitled to compensation for any emotional trauma experienced due to the accident. In addition to grief and worry, this could include embarrassment, fright, and nervousness.

Pain and Suffering - Next, you could also claim for physical pain and this is something that cannot be included with motor vehicle accidents because there is PIP insurance. During a court case, the jury will consider the nature of the original injury, the extent of the injury, and how long the recovery period will be.

Loss of Consortium - For the partner of the victim, there may be an opportunity to claim for a loss of general marital benefits including comfort, sexual relations, affection, and companionship.

Motorcycle Incident Causes

In truth, driver or rider negligence is still the major issue on roads these days and this could include failing to yield, driving when under the influence of alcohol or drugs, driving too fast/slow, swerving around a cyclist, not checking for motorcycles when pulling on to a main road, lack of attention, and a lack of room between the two vehicles.

Despite the many advertising campaigns in recent years, the leading causes of motorcycle incidents are failure to yield and a failure to recognize motorcyclists when in traffic. Furthermore, drivers may not be paying the right amount of attention when turning left thus cutting in front of a motorcyclist. Elsewhere, the motor vehicle driver may not judge the speed of the motorcycle correctly and turn when there isn't enough time.

Motorcycle Incident Injuries

Even though motorcycle protective equipment has improved significantly in recent years, there is still much less protection for riders than motor vehicle drivers. Therefore, injuries can vary in terms of location and extent. Below, we see the most common injuries of all;

  • Brain Damage
  • Severe Head Trauma
  • Bone Fractures
  • Disfigurement
  • Paralysis
  • Neck Injuries
  • Spinal Cord Injuries
  • Loss of Limbs
  • Death

If you or a loved one has been involved in a motorcycle accident, it can be a very tough time but you need to call an attorney you can trust. At The Injury Firm, we have the experience and the skills to get the right result for you so feel free to get in touch today for your free consultation

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.