Motorcycles are popular throughout Florida, and it is vital for all drivers to know the risks that motorcycles present on the road. These vehicles lack the safety features found in enclosed passenger cars, such as seatbelts, airbags, and crash-resistant frames. They are also smaller, making it easier for other motorists to overlook nearby motorcyclists. When motorcycle accidents happen, they have a greater chance of resulting in severe or fatal injuries compared to most other vehicle crashes.
If you or a family member is struggling with injuries from a recent motorcycle accident, Florida’s no-fault rule for vehicle crashes states that you must file a claim against your own auto insurance policy to recover your damages. However, you could have grounds to file a personal injury claim as well if you suffered severe injuries and your insurance cannot fully compensate your losses.
Spohrer Dodd Trial Attorneys provides compassionate and comprehensive legal counsel in the aftermath of a motorcycle accident in the Baldwin area. Throughout the years of our firm’s operation, we have successfully helped many past clients recover substantial case awards from those who have caused their accidents, and we are ready to put this experience to work for you. You have a limited timeframe in which to pursue your recovery, so it is vital that you connect with an attorney you can trust as soon as possible after your accident.
If your auto insurance policy cannot fully compensate for all the damages you suffered in your recent motorcycle accident and you know another driver is to blame, the first challenge you will face in your recovery efforts is proving the exact cause of your accident. You must identify the driver responsible and then prove exactly how they caused the accident. This can require various forms of evidence, such as traffic camera recordings, cell phone records, eyewitness statements, and more.
Most of the motorcycle accidents reported throughout Florida each year are the result of negligence, or failure to use reasonable care in specific situations. Distracted driving, speeding, and moving violations are a few examples of negligence that commonly result in severe motorcycle accidents. Alternatively, it is also possible for intentional and illegal misconduct to have caused your accident. In such cases, the at-fault driver faces prosecution from the state, alongside their civil liability for your damages. Driving under the influence (DUI) of drugs or alcohol is one of the most common examples of how illegal misconduct can cause motorcycle accidents in Florida. Speeding and DUI are commonly cited causes of fatal motorcycle accidents.
It is important to note that Florida recently enacted a modified comparative fault rule for personal injury claims. This means that, if a plaintiff is found to have partially caused their claimed damages, they will lose a percentage of the total compensation won from the defendant to account for this. As long as they are less than 50% at fault, their fault percentage is subtracted from their case award, and they receive the remainder. If they are 50% or more at fault, they cannot claim compensation from the defendant. Many defendants in motorcycle accident cases will claim that victims partially caused these incidents, so it is vital for injured riders to have legal counsel they can trust to help them overcome any such accusations of comparative fault.
Once you recover as much compensation as you can through your auto insurance policy, the next step of your recovery process is filing a personal injury claim against whoever caused the accident. Under Florida law, the plaintiff in a personal injury case has the right to seek compensation from the defendant for any economic damages they caused, which may include:
Beyond economic losses, a plaintiff may also claim pain and suffering compensation, and Florida law does not place a limit on this form of compensation in most personal injury claims. This means that the plaintiff may seek as much as they think is appropriate. Pain and suffering compensation should reflect the overall severity of the harm the plaintiff suffered and the scope of long-term damages they face from the accident. For many personal injury plaintiffs in Florida, pain and suffering compensation accounts for most of their total recovery.
If you choose Spohrer Dodd Trial Attorneys as your legal counsel for your motorcycle accident claim, you can have a dedicated legal advocate ready to assist you with all phases of your recovery efforts. Our team knows how to gather the evidence you will need to prove liability for the damages you suffered, and we can navigate the difficult insurance claim-filing process. When you have grounds to pursue a personal injury claim against an at-fault driver, we can help you build the most robust claim possible and seek to settle the claim for as much compensation as state law allows. The sooner you connect with a legal representative you can trust, the more likely you are to succeed with your case and maximize your total recovery.
A: You are not strictly required to hire legal representation to help you recover from a motorcycle accident in Florida, but doing so can significantly improve your chances of recovering as fully as possible from your damages. A Baldwin motorcycle accident attorney can guide you through the insurance claim-filing process and, if you have grounds to pursue a personal injury claim as well, they can help you build your case.
A: You have a few days after your accident in which to file an insurance claim. Review the terms of your policy to see the window in which you must file your claim. That way, you can ensure that you can recover as fully as possible through your insurance. However, if you have grounds to file a personal injury claim in response to your motorcycle accident, you will face a two-year statute of limitations. While this may seem like a generous timeframe, it is vital that you start the claim filing process as soon as possible to have the greatest chance of success with your case.
A: If you have grounds for a personal injury claim in Baldwin or anywhere else in Florida, you have the right to seek total compensation for all economic losses you suffered from the incident in question. These are likely to include property damage, medical expenses, and lost income. Also, remember that you can claim compensation for projected future losses as well, such as lost future earning potential. You may also claim as much pain and suffering compensation as you believe to be appropriate to reflect the severity of your experience.
A: Most personal injury claims filed in Florida end in private settlement negotiations. When a defendant is clearly at fault for a personal injury, it behooves them to agree to settlement negotiations so they can save money on legal fees. However, settlement requires both parties to be willing to compromise on mutually agreeable terms. If they cannot, the case will proceed to litigation and could take several months to more than a year to resolve.
A: The lawyers at Spohrer Dodd Trial Attorneys can take your motorcycle accident case on contingency, meaning you will only pay our firm a fee if we win compensation on your behalf. Your contingency fee will be a percentage of the total amount recovered from the defendant, and you will owe nothing if we are unable to obtain compensation for your damages for any reason. This billing policy ensures that you can have the legal representation you need when you need it most.
Spohrer Dodd Trial Attorneys has successfully represented many past clients in a wide range of difficult personal injury claims, including many motorcycle accident cases. We know the various legal challenges you could encounter as you seek compensation for your losses, and our firm wants to help you approach this difficult process with confidence and security. If you are ready to learn what a Baldwin motorcycle accident attorney can do for you in your impending case, contact Spohrer Dodd Trial Attorneys today to schedule a consultation with an attorney you can trust.