Motorcycle Accident Lawyers in Pompano Beach

Motorcycle Accident Attorney in Pompano Beach, FL

Every year, according to the National Highway Traffic Safety Administration (NHTSA), South Florida leads the nation in the number of motorcycle accidents and deaths. A motorcycle accident can be a traumatic experience that often leads to severe, debilitating, and, in some cases, life-threatening injuries. In other words, even a moderate motorcycle accident can be life-changing. Not to mention, the economic, physical, and emotional hardships associated with a motorcycle accident can take a toll on you and your family.

Police officers frequently find the motorcyclist at fault in traffic accidents. The truth is, however, that most motorcycle accidents are the result of multiple factors that are outside of the biker’s control. These include dangerous roads, negligent drivers, and debris on the road. In many cases, the accident is the fault or partially the fault of another driver. Common causes of motorcycle accidents include:

• Failing to yield the right of way to a motorcycle
• Cutting in front of motorcycles
• Failing to check for motorcycle riders before switching lanes (side swiping)
• Entering an intersection into the path of a motorcycle

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. The attorneys at Long, Jean & Weschler, P.A. represent motorcycle accident victims on a contingency basis, which means that you do not have to pay out of pocket for our legal services.

Motorcycle Accident Injuries

Motorcycle riders are exposed to greater dangers and injury than someone who’s inside of a car or truck. In many cases, motorcycle riders experience 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 LJW Legal, we understand the seriousness of these injuries and the impact a motorcycle accident can have on the victim’s life. Let our experienced personal injury attorneys support you through this traumatic experience. We will aggressively fight against insurance companies trying to avoid fair compensation by shifting blame.

Please complete our contact form or call 954-715-2400 to start your free case consultation.

What to Do After a Motorcycle Accident in Pompano Beach

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. Start by seeking medical attention immediately. It will not adversely impact your case. Follow these steps to ensure that your rights are protected under the law.

• Call your insurance company to report the accident
• Collect the other drivers’ information
• Take photographs or a video of the accident scene
• Document witnesses and their contact information
• Contact an experienced attorney

Insurance companies will often do their best to avoid paying a large settlement amount, which is why working with an experienced attorney can make the difference. Don’t accept a quick settlement without speaking to one of our attorneys. LJW Legal offers free, no-obligation consultations.

Motorcycle Accident Claims

While motorcycle accidents are similar to other types of accidents, certain aspects of these cases make them unique.

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 responsible party may be a negligent driver, a manufacturer that sold defective motorcycle parts, or even government agencies that failed to maintain roadways.

Because every motorcycle accident is unique, 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 seeking the compensation 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. In 2022, Broward County experienced:

• 746 motorcycle crashes
• 598 motorcycle injuries
• 44 motorcycle fatalities

Only Miami-Dade had a greater number of crashes, injuries, and fatalities.

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. Under Florida’s modified comparative negligence law, your compensation may be reduced if you’re partially at fault for the accident.

Common Causes of Motorcycle Accidents

These are some of the most common causes of motorcycle accidents in the State of Florida:

• DUI Motorcycle Accidents – Even if you never drink while operating a motorcycle, chances are high that someone near you on the roadway has. Motorcycles have a much smaller profile and are difficult for drivers to see — even when the drivers are not under the influence. According to the FL DHSMV, 42.7% of motorcycle crashes involved alcohol in 2019.
• Distracted Driving – Drivers who are operating their vehicles while texting are much less likely to notice a motorcyclist in their area. According to one survey, 45% of drivers admitted to texting or otherwise using their phone while driving.
• Speeding – Not only do motorcycles operate at high speeds, they offer little protection to the rider when they’re struck at high speeds. Consequently, the impact can be devastating. Even when the rider wears a helmet and safety clothing, the injuries from a high-speed accident will likely be severe.
• Improper Lane Change – Because motorcycles have a relatively small profile when compared to other vehicles, drivers can easily fail to notice motorcycles, especially if they’re in a blind spot. Many accidents are caused by a driver changing lanes without properly checking.
• Lane-Splitting – This occurs when a motorcyclist drives between the lanes of traffic. Florida State Statute 316.209 makes lane-splitting illegal, but it’s also extremely dangerous. It’s important to note that a motorcyclist may still be entitled to damages, even if they were lane-splitting at the time of the accident.
• Dooring – Most motorcyclists know that they need to proceed with caution when passing cars that are parallel parked along their traffic lane. However, motorcycle dooring accidents still frequently 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 a convenient and affordable mode of transportation, and they can be a lot of fun, but they offer little protection to the rider. In addition, their smaller profile makes it easier for drivers to miss. Because the driver is almost always thrown clear of the bike, they suffer a secondary impact with another object or the roadway at the same speed that they were traveling.

Many riders wear protective clothing and helmets, but they don’t offer nearly 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.

For all of these reasons, most motorcycle accidents involve injuries to the operator. Even if you are an extremely cautious rider, you can’t always anticipate the actions of other drivers. While some of the motorcyclists we represent are partially responsible for their accidents, they are still entitled to compensation under the law. LJW Legal fights for that compensation.

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 — especially when you’re trying to recover from a traumatic incident. Here are some useful tips to narrow your search. If you have any questions, please contact Long, Jean & Weschler, P.A. today.

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. This lack of experience can hurt your chances of making a full and fair recovery.

These are some of the qualities you should look for when seeking representation.

Successful Track Record

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, many 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 firm directories 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.

Statute of Limitations in Florida

In Florida, the statute of limitations is four years from the date of the accident, except in cases of wrongful death. If you’re loved one has died in a motorcycle crash, the statute of limitations clock begins at the date of death and expires in two years.

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 they only get paid if they reach a settlement on your behalf or win in court.

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

It’s important for motorcycle accident victims to remember that the insurance adjuster does not work for you; they work for the insurance company. Talking to the insurance company adjuster 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. If you have a case, we can take you on as a client 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, which 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’ve discussed the details with them.
• Once you have counsel, refer all requests from the insurer to your lawyer. They are your liaison between you and all other parties.

Going to Court: What to Expect

Ideally, your motorcycle accident claim will not reach the trial stage. Most cases are settled without litigation. However, a small percentage of cases end up in the Broward Civil Courthouse. If this happens with your case, it’s essential to have a battle-tested litigator on your side.

The LJW Legal team has extensive courtroom experience. Insurance attorneys know this, which makes them more hesitant to push for a trial.

Preparing for Litigation

Our attorneys begin preparing for litigation from the moment we take your case. Knowing that you have a litigation attorney is an incentive for the insurance companies to reach a reasonable settlement. Among other things, our 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.
• Reviewing all discovery evidence from opposing counsel.
• 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 the financial damages of the accident. In other words, the items have price tags 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 attempt 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 and non-economic damages combined or $500,000, whichever is greater.

For example, if you’re compensable damages are $150,000, the punitive damage cap is $500,000, because it’s more than 3 x $150,000. On the other hand, if your compensable damages are $200,000, the damage cap is $600,000 since 3 x $200,000 is more than $500,000. However, the courts may not award you the maximum damages if they award punitive damages at all. This portion of your damages is at the discretion of the court.

Frequently Asked Questions About Motorcycle Accidents

These are some of the most common questions of motorcycle accident victims:

What Should I Do Immediately After a Motorcycle Accident?

The most important thing is your health and safety. Get to a secure position and call 911. Even if you feel relatively well after a motorcycle action, seek medical attention. You may have internal injuries that you’re unaware of. Once you’ve attended to your well-being, contact LJW Legal. We can initiate your case over the phone.

How is Fault Determined in Motorcycle Accidents?

In most cases, fault is determined by the traffic laws of the state of Florida. For example, if a driver runs a red light and strikes a motorcycle, they are at fault. However, not all accidents are as cut and dry. Consider the same situation, but the motorcycle was exceeding the speed limit.

In these cases, the rider may be responsible for a portion of the damages. Our attorney can review your case and determine whether or not there’s comparative negligence. If you are partially at fault, you can still receive compensation for your injuries, but the amount will be reduced.

What Compensation Can I Claim After a Motorcycle Accident?

If you have a viable case, you’re entitled to all costs associated with the accident, including all medical bills, lost wages, and property damage. You will also be entitled to compensation for your physical pain, emotional trauma, and inconvenience.

In instances where the actions of the other driver were reckless or egregious, you may also receive compensation for punitive damages. For example, a driver hit you intentionally or was subsequently found to be intoxicated at the time of the crash.

Do I need a Lawyer for a Motorcycle Accident Claim?

You’re not required to have an attorney to file a claim, but it’s always better to seek legal advice before making any other move. If you have filed a claim but have not accepted a settlement, you can still receive compensation for your injuries. However, if you sign a waiver of liability, you will lose your ability to seek further damages.

How Long Do I Have to File a Motorcycle Accident Claim?

In Florida, the statute of limitations for a motorcycle accident with survivable injuries is four years from the date of the accident. In the event of a wrongful death, the statute of limitations is two years from the date of death.

However, you should contact an attorney as early as possible. Witness testimony and physical evidence can lose effectiveness over time. The sooner your attorney can start on your case, the better your chances of receiving a full and fair recovery.

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 954-715-2400 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 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 award you the compensation you deserve. Get help today with our Free Case Evaluation.