Ft. Lauderdale Motorcycle Accident Lawyers Working for the Benefit of Injured Riders
As a motorcycle accident victim, you may face an uphill battle to recover from your injuries. When you are fighting to regain your health and restore some sense of normalcy to your life, the last thing you need is the stress of filing a claim or fighting with an unhelpful insurance company. RTRLAW provides tailored legal services to motorcycle accident victims and their families. We will advocate for your rights and skillfully negotiate to recover the damages you are entitled to. Call today for a free case evaluation and learn how our law firm can assist you: 954-370-5152 or toll-free at 833-HIRE-RTR (833-447-3787).
How Do Motorcycle Accidents Happen?
At highway speeds, even a momentary lapse in attention by a vehicle’s driver can have serious consequences. Accidents happen in seconds, and motorcyclists often have little time to react. Even when riders recognize a dangerous situation, there are usually no good options for avoiding injury, as laying down a motorcycle at a high speed or diverting to a ditch or meridian can also lead to serious harm.
Everyone on Florida’s roadways has a duty to drive responsibly according to the rules of the road to maintain the safety of all motorists, including motorcyclists. Unfortunately, as we all know, this doesn’t always occur, and accidents are often the result. Some of the top reasons for motorcycle crashes caused by other vehicles include:
- Driving under the influence of drugs or alcohol.
- Failing to see oncoming motorcyclists when making a left turn.
- Violating the motorcycle’s right of way.
- Distracted driving.
- Failing to account for road or weather conditions.
However, not every motorcycle accident is due to fellow motorists. Essential equipment such as brakes and tires may fail, causing a loss of control. In this case, the manufacturer of the motorcycle or manufacturer of the parts may be liable for the crash. Sometimes the road itself can be badly designed or poorly maintained, making it dangerous to ride on, and the government entities responsible for the local roads could potentially be named as a defendant. A knowledgeable personal injury lawyer can evaluate your case and identify the negligent parties involved.
What Injuries Can Occur in a Motorcycle Crash?
Without the benefit of roll bars, airbags, seatbelts, or other safety features commonly found in cars, motorcyclists are highly vulnerable to serious injuries in all types of accidents. While protective gear such as a DOT-approved helmet and thick leather chaps, jackets, and gloves can minimize some of the potential damage, there’s little to cushion a rider from an impact with the road or another vehicle. Catastrophic injuries, which are injuries that result in a long-term or permanent disability, are tragically common in motorcycle crashes. Even low-speed collisions can cause costly, life-disrupting harm. Some of the most common injuries caused by motorcycle accidents include:
- Road rash, which is the common name for lacerations, often on the arms and legs, caused by skidding across the pavement.
- Skull damage and traumatic brain injuries (TBIs)
- Broken bones.
- Punctured lungs or other injuries to internal organs.
- Facial and ocular injuries.
- Severed or crushed limbs.
- Spinal injuries, possibly leading to paralysis.
- Trauma-induced mental health issues, such as PTSD, anxiety, phobias, and depression.
Sadly, some individuals succumb to their injuries. According to the National Highway Traffic Safety Administration, 5,579 motorcyclists died in 2020. In these cases, a family may file a wrongful death suit to recover damages for the loss of their loved one. RTRLAW has years of experience in helping bereaved families seek justice for the damage that has been inflicted by the careless actions of drivers. While we know nothing can bring back your loved one, we believe no family should experience a financial crisis due to a family member’s passing. Our compassionate lawyers can help you regain your economic security by seeking compensation for outstanding medical bills, funeral expenses, loss of future support and services, and more.
What is Comparative Negligence?
In Florida, motorcyclists and their passengers are not included in what is known as the “no-fault” insurance law, a law which states that the first $10,000 of medical bills is paid for by the injured party’s own insurance.
Because motorcyclists are not included in that law, it means that motorcyclists can pursue pain and suffering, even for injuries that are not considered serious or permanent.
How does that relate to who is determined to be at fault? The state of Florida has what is known as comparative fault. That means that multiple factors are taken into consideration for the fault of an accident, and there is no guarantee that an accident will be found to be 100% one party’s fault.
So if you were found 30% responsible for an accident, you would still be able to collect on the 70% of the damages that were not your fault. With a fault system as complicated as the one in Florida, it’s best to speak with an experienced and skilled attorney to establish what your fault is, and if there is viability and value in your case.
How Might You Be Compensated for Your Injuries?
The aftermath of a motorcycle accident can be overwhelming. Bills can quickly accumulate as you require continued medical care for your injuries. Missed paychecks can compound financial difficulties since most victims need time off work to recover. For some, returning to work is impossible because of the severity of the bodily harm they experienced.
If you’ve been injured in a car accident due to the negligent actions of another, you deserve fair compensation for the wide variety of losses you’ve experienced. When valuing your claim, a skilled attorney from RTRLAW will take into account all the ways your life has been changed by your accident.
In a settlement, your compensation is typically split into two categories. The first category is economic damages. These are monetary losses you’ve suffered due to your injuries, including:
- Medical bills for surgeries, rehab, doctor appointments, prescriptions, and any other care necessitated by your injuries.
- Lost wages.
- Loss of future earning capacity if you’ve become disabled.
- Consideration for ongoing medical care, including in-home care, if needed.
The second category covers the less tangible non-economic damages you’ve endured as a motorcycle accident victim, such as:
- Pain and suffering.
- Mental anguish.
- Scarring and disfigurement.
- Reduction in your quality of life, including impacts on your spousal relations.
In lawsuits that go to trial, an additional third type of compensation known as punitive damages may sometimes be awarded. This only occurs when the court believes the defendant’s actions were malicious, intentional, or showed a reckless disregard for the well-being of others. Punitive damages exist to allow the civil court to punish offenders for their misdeeds, but they are used sparingly.
Why Should You File a Motorcycle Accident Claim?
The damage caused to you and your family by a motorcycle accident can be devastating, and those responsible should be held accountable for their actions. Florida is a no-fault state when it comes to car accidents, but if you read the fine print, the PIP coverage through your auto insurance only covers accidents involving vehicles with four or more wheels. This means that you can not use your PIP coverage to pay for medical expenses or lost wages resulting from a motorcycle accident. Instead, these expenses will come out of your pocket unless you file a successful accident claim.
RTRLAW has over 34 years of personal injury law experience, and we are ready to apply our vast knowledge and skills to your motorcycle accident case. We have the extensive resources and abilities to bring your case to a positive conclusion, so you can get back to what’s most important to you. You deserve a legal team that cares about your situation and is prepared to fight for your rights. Contact RTRLAW today at 954-370-5152 or toll-free at 833-HIRE-RTR (833-447-3787) to schedule a free consultation to discuss your legal options.