South Florida witnesses over 10,000 motorcycle accidents every year. If you suffered injuries due to a motorcycle accident you did not cause, you might be eligible for compensation for your injuries, lost wages, and other related expenses. After seeking medical attention, make your next step letting our team of personal injury attorneys help you understand your legal rights.
Motorcycle Accident Attorney in Pompano Beach, FL
Every year, according to the National Highway Traffic Safety Administration (NHTSA), South Florida leads the nation’s number of motorcycle accidents and deaths. Motorcycle accidents can be a very traumatic experience that often lead to severe, debilitating, and in some cases, life-threatening injuries that can change your life. Not to mention, the financial, physical, and emotional hardships associated with a motorcycle accident can take a toll on you and your family.
It is common for police reports to blame the biker for a motorcycle accident. However, it is actually due to many factors, including dangerous roads, negligent drivers, and even debris on the road. Motorcyclists often bear the weight of the blame, when in reality, accidents are commonly caused by automobile drivers:
- Failing to yield the right of way to a motorcycle
- Cutting in front of motorcycles
- Failing to check for motorcycle riders before switching lanes
- Entering an intersection into the path of a motorcycle
Likewise, motorcycle accidents can also be the result of road hazards and defective motorcycle parts. These types of accidents mean that the accident claim needs to be handled differently.
If you or someone you know has been hurt in a motorcycle accident in Pompano Beach, you may be entitled to compensation for your injuries and damages. Working with a motorcycle accident attorney can help you fight for the compensation you deserve.
Motorcycle Accident Injuries
Unlike someone involved in a car accident, motorcycle riders are exposed to greater dangers and injuries. In most cases, motorcycle riders develop catastrophic injuries that require long-term care, which result in high medical bills, lost wages, and extensive pain and suffering. Motorcycle accident injuries include:
- Brain injuries
- Broken bones
- Spinal cord injuries
- Lacerations
- Disfigurement
- Wrongful death
At the law firm of LJW Legal, we understand the seriousness of these injuries and the impact a motorcycle accident can have on someone’s life. Let our trusted attorneys support you legally through this traumatic experience. We will aggressively fight against insurance companies trying to shift blame on your case, so we can fight for the compensation you deserve.
Please fill out our contact form or call 954-597-6770 to start your free case consultation.
What to Do After a Motorcycle Accident in Pompano Beach
Similar to a car accident, if you’re involved in a motorcycle crash, there are specific steps you should take to make sure you set the foundation for a solid case. Of course, you want to start by seeking medical attention immediately. Treating your injuries and making sure everyone is safe should be the first step after any motor vehicle accident. You also want to:
- Call your insurance company to report the accident
- Collect the other drivers’ information
- Document witnesses and their contact information
- Contact an experienced attorney
Insurance companies will often do their best to shift the blame to the motorcycle rider, which is why working with an experienced attorney can make the difference. Don’t let that happen to your case; together we will fight to help you receive the compensation you deserve as a victim of the crash.
Motorcycle Accident Claims
Build Your Motorcycle Injury Compensation Team
Depending on the circumstances of the crash, you might have different legal options. Unlike car drivers, motorcycle riders aren’t required to carry Personal Injury Protection (PIP) insurance under Florida law. Even if you have PIP coverage on your car, this coverage does not extend to cover injuries from a motorcycle accident.
However, if another party was negligent and caused your accident, the law gives you the ability to hold them accountable for the injuries and damages they caused. The other party can be a negligent driver, a manufacturer that sold defective motorcycle parts, and even government agencies that failed to maintain roadways.
Because a motorcycle accident claim can be filed under so many different scenarios, working with an experienced attorney is imperative to build a solid case. The process for seeking compensation from a motorcycle accident can be challenging and complex, and having a legal compensation team you can trust is key to seeking the compensation you deserve.
What to Do After a Motorcycle Accident in Pompano Beach
Similar to a car accident, if you’re involved in a motorcycle crash, there are specific steps you should take to make sure you set the foundation for a solid case. Of course, you want to start by seeking medical attention immediately. Treating your injuries and making sure everyone is safe should be the first step after any motor vehicle accident. You also want to:
- Call your insurance company to report the accident
- Collect the other drivers’ information
- Document witnesses and their contact information
- Contact an experienced attorney
Insurance companies will often do their best to shift the blame to the motorcycle rider, which is why working with an experienced attorney can make a difference. Don’t let that happen to your case; together we will fight to help you receive the compensation you deserve as a victim of the crash.
Motorcycle Accident Claims
Build Your Motorcycle Injury Compensation Team
Depending on the circumstances of the crash, you might have different legal options. Unlike car drivers, motorcycle riders aren’t required to carry Personal Injury Protection (PIP) insurance under Florida law. Even if you have PIP coverage on your car, this coverage does not extend to cover injuries from a motorcycle accident.
However, if another party was negligent and caused your accident, the law gives you the ability to hold them accountable for the injuries and damages they caused. The other party can be a negligent driver, a manufacturer that sold defective motorcycle parts, and even government agencies that failed to maintain roadways.
Because a motorcycle accident claim can be filed under so many different scenarios, working with an experienced attorney is imperative to build a solid case. The process for seeking compensation from a motorcycle accident can be challenging and complex, and having a legal team you can trust is key to getting the settlement you deserve.
Riding a motorcycle in Broward County, FL, is more dangerous than in other parts of the country or even the state. Cities like Pompano Beach have more than their fair share of motorcycle accidents due to our congested roads and highways. If you’ve been injured in a motorcycle accident, you may be entitled to damages even if you were at fault. Long, Jean & Wechsler, P.A. offers free case evaluations to injured motorcyclists and other accident victims. If we take your case, there are no out-of-pocket costs for our professional legal services. Call today to speak to a member of our legal team.
Understanding Motorcycle Accidents Laws
When it comes to operating a motorcycle on Florida roadways, the laws are consistent with those affecting other motor vehicles. For example, the speed limit is the same whether you’re on a motorcycle or in a car. Both types of vehicles are expected to stop for red lights and stop signs.
Many motorcyclists are surprised to find that Florida does not require operators to carry insurance unless they decide not to wear a helmet, in which case, they must carry $10,000 in medical insurance. Cyclists are also responsible for injuries and property damage they cause. Riders under the age of 21 must wear a DOT-approved helmet, and riders of any age must have eye protection.
Motorcycles in operation must have their headlights on, even during the daytime. The bike must also be equipped with side-view mirrors.
While violating these laws may seem like minor infractions, insurance companies will use any excuse to minimize payments.
Common Causes of Motorcycle Accidents
While every motorcycle accident is unique, these are some of the most common causes of motorcycle accidents in the State of Florida:
DUI Motorcycle Accidents
Operating a bike is difficult enough without involving alcohol, but many accidents are caused by people operating cars and trucks while intoxicated. Even if you never drink while operating a motorcycle, chances are high that someone near you on the roadway has.
Distracted Driving
Talking or texting on a motorcycle is difficult, but many drivers engage in this dangerous practice. It makes them less likely to notice the small visual profile of a motorcyclist.
Speeding
Motorcycles offer little protection to the driver, but despite this fact, they’re designed to operate at extremely high speeds. High speeds not only increase the risk of injury but also make the bike harder to control.
Improper Lane Change
Drivers can easily miss motorcycles, especially if they’re in a blind spot. Many accidents are caused by a driver changing lanes without properly checking.
Lane-Splitting
Lane-splitting occurs when a motorcyclist drives between the lanes of traffic. Florida State Statute 316.209 makes lane-splitting illegal.
Dooring
Most motorcyclists know that they need to proceed with caution when passing cars that are parallel parked along their traffic lane. However, dooring accidents frequently continue to occur.
Hazardous Conditions
Inclement weather, construction zones, and changing gradients in the roadway can make the motorcycle’s handling shift. All of these are common conditions on the Pompano Beach roadways.
What Makes Motorcycle Accidents More Dangerous?
Motorcycles are great means of transportation, but they entail special risks. For one, they offer little protection to the rider. Many riders wear protective clothing and helmets, but they don’t offer as much protection as the cage in even a small vehicle.
Cars are much heavier than motorcycles, which means that when a car collides with a motorcycle, the change in the bike’s trajectory is much more significant. Additionally, the motorcyclist will almost always face a second impact with the roadway.
Motorcycles are smaller and harder for drivers to see than cars, making them less likely to be noticed.
Qualities of a Reputable Motorcycle Accident Lawyer
Chances are that if you haven’t been in a motorcycle accident, you’ve never thought about hiring a motorcycle accident lawyer. It can be intimidating trying to find the right attorney. Here are some useful tips to narrow your search.
Look for Experience and Expertise
Most personal injury lawyers will claim that they handle motorcycle accidents. While there are several law offices in Broward County that have extensive motorcycle accident experience, many are personal injury attorneys who have never specifically represented a motorcyclist.
When interviewing attorneys, ask how many motorcycle cases they’ve handled.
Track Record of Success
Most cases are settled before they get to court, so it’s sometimes difficult to tell how successful an attorney or law firm has been in their cases. However, a lot of law offices will proudly disclose the settlement amounts they’ve garnered for their clients. During your initial consultation, you should ask your attorney how many cases they’ve settled or won that were similar to yours. They should be able to provide this information.
Client Referrals and Testimonials
Testimonials are a great way to gauge the client satisfaction of a law firm. Review the attorney testimonial page. However, most attorneys will not post negative testimonials on their own page. Also, check out third-party rating systems and apps to see how they rank against other firms.
Local Law Firms in Pompano Beach
Geography is important in personal injury law. If you’ve been injured in Pompano Beach, you’re going to want to hire a Pompano Beach motorcycle accident lawyer. Why? A local attorney will be familiar with Broward County judges and insurance defense attorneys. These relationships can be invaluable when pursuing a claim.
Additionally, they will be familiar with the landscape. When they are looking at a police report that shows that an accident occurred at US 1 and Atlantic Boulevard, for instance, they don’t need to pull the intersection up on Google Maps to know what it looks like. In fact, they can easily drive over to the intersection and inspect it in person.
Online Legal Directories
Legal directories can be useful for narrowing your search, but it’s important not to rely solely on them. Some legal directories are poorly organized, or their algorithms provide substandard results for clients. Avvo.com is the gold standard of law firms for Florida. Use it as part of your research, but don’t make your decision based solely on a high rating.
The Importance of Timely Legal Action
The days after a motorcycle accident are crucial to the case. For one, this is the time when bruising and abrasions are most apparent. Additionally, the memory of the accident is more clear in the minds of witnesses. Many drivers are in a hurry to get their vehicles to the body shop right after an accident, so invaluable evidence can be lost. Additionally, for most types of motorcycle accident lawsuits — the exception being wrongful death — the statute of limitations clock starts on the date of the accident.
Statute of Limitations in Florida
For most accidents, the statute of limitations is four years from the date that the injury occurs. After that time expires, you won’t be able to take legal action against the responsible party, and the insurance companies have no incentive to pay.
With wrongful death cases, the statute of limitations is two years from the date the accident victim died, regardless of when the accident occurred.
Preserving Evidence for Your Case
Preserving evidence is essential to the success of your case. Your motorcycle accident attorney will do their best to collect all of the available evidence, but you may be the only one who has a shot at collecting some of this information. Here are a few tips that can help you win your case or increase your settlement.
- From a safe vantage point, take photographs of the accident scene if you’re able. You’ll want to get pictures of the accident damage, the position of your motorcycle, damage to your helmet or protective clothing, the spot where you impacted the road, debris on the roadway, skid marks, and geographic indicators that can help put the scene in perspective.
- Talk to witnesses who stop to make sure everyone is all right. If they say they have to leave, ask them for their contact information. If a witness leaves before you can talk to them, try to note the tag.
- Allow EMTs to examine you. This will establish a baseline for your injuries. If they recommend you go to the hospital, either allow them to transport you or drive yourself there.
- Note the names of the police officers, rescue workers, and other people involved in helping you that day.
Legal Fees for Personal Injury Cases
Unlike criminal defense lawyers who work against a retainer, motorcycle accident lawyers work on a contingency basis. That means their legal fees are contingent upon winning. When you hire a Pompano Beach motorcycle accident attorney from Long, Jean & Wechsler, P.A., we will interview you, collect evidence, depose witnesses, file your claim with the insurer, negotiate, and if necessary, fight for you in court.
Do not pay out of pocket for a Pompano Beach motorcycle accident lawyer, call today for immediate professional representation.
Collaborating with Insurance Companies
One of the things that’s important for motorcycle accident victims to remember is that the insurance adjuster does not work for you; they work for the insurance company. Talking to the insurance company can jeopardize your case.
Communicating with Your Insurance Provider
You may need to communicate with an insurance adjuster from your company or the at-fault parties. Here are a few things to remember:
- You should not give a statement before you have an attorney. If they ask you for one, advise them that you are still seeking counsel and call LJW. We can take your case immediately.
- Don’t accept a settlement offer. The money may seem good now, but you could severely limit the payout. The insurance company will require you to sign a waiver of liability that will make it impossible for you to pursue additional damages.
- Don’t admit guilt or partial responsibility to the insurance company. You and your attorney can present a statement in the proper context.
- Once you have counsel, refer all requests from the insurer to your lawyer.
Going to Court: What to Expect
Ideally, your motorcycle accident claim will not reach court. Most cases are settled before this part of the process. However, a small percentage of cases do end up in the Broward Civil Courthouse. If this is your case, your attorney will prepare you for the experience.
Preparing for Litigation
Attorneys begin preparing for litigation. Knowing that you have an attorney who could litigate a case should it become necessary is an incentive for the insurance companies to settle. Preparation for litigation includes:
- Reviewing the accident report and medical records for your case.
- Deposing all witnesses, including rescue personnel.
- Consulting expert witnesses.
- Constructing a list of all damages resulting from the accident.
- Preparing a letter of demand for the insurance company.
- Negotiating with the insurance company.
- Handling all required court appearances, including motions to suppress, preliminary hearings, etc.
Documenting Damages and Losses
Personal injury damages fall into three categories:
Economic Damages
These are damages for items that have a price tag attached to them. For example, all of your medical bills, damage to your motorcycle, lost wages from missing work, and anything else that resulted in a financial loss. There is no cap for economic damages in the state of Florida.
Non-Economic Damages
Also referred to as “pain and suffering,” non-economic damages try to address the intangible loss from an accident. These items include physical pain, emotional trauma, and reduced enjoyment of life. In a wrongful death claim, it could include loss of companionship. Non-economic damages do not have a cap in Florida.
Punitive Damages
In rare motorcycle accident cases, the courts will award punitive damages. These are non-compensable damages that are intended to punish the defendant for egregious or intentional behavior. Punitive damages are capped at three times the amount of economic damages or $500,000, whichever is greater.
Working with a Motorcycle Accident Lawyer in Pompano Beach
If you or someone you know has been injured in a motorcycle accident in South Florida, working with a trusted personal injury attorney can help you prepare a case that will help you fight for the legal compensation you deserve. Call 954-597-6770 today or contact us online to start your free case consultation.
With offices conveniently located in Pompano Beach, our motorcycle accident attorneys are ready to answer all of your questions 24/7.
When the unexpected happens, let our team defend you against greedy insurance companies looking to take advantage of your pain and suffering. Our experienced motorcycle accident lawyers will aggressively fight to make your legal rights heard and to award you the compensation you deserve. Get help today with our Free Case Evaluation.