Motorcycle Accidents

Gainesville Motorcycle Accident Attorneys

Helping Injured Riders in Florida

If you were injured or if someone you love tragically passed away in a motorcycle accident, we at Schackow & Mercadante want to help. We understand the devastating experience you have been through, as well as the many challenges that still lie ahead. Most importantly, we know how to help you navigate this difficult time in your life and fight for the justice you and your family deserve.

After a serious crash, contact the Gainesville motorcycle accident attorneys at Schackow & Mercadante for a free, no-obligation consultation. Call (352) 261-6767 to get started.

Are Motorcycle Accidents Covered by No-Fault Insurance in Florida?

Florida is a no-fault state, which means that most accident victims can turn to their own auto insurance providers and receive compensation for certain covered losses through their personal injury protection (PIP) coverage. 

However, Florida’s no-fault insurance laws do not apply to motorcycles. This means that your motorcycle accident is not covered by no-fault insurance.

Instead, you will need to prove that someone else—whether it’s another motorist, a vehicle manufacturer, or a negligent municipal entity—was responsible for the crash that caused your injuries or the death of your loved one. Once you have established liability, you and your attorney can then pursue legal action directly against the at-fault party. 

What If I Was Partially At Fault for the Crash?

If you were partly at fault for the motorcycle accident in which you were injured, you may be wondering if you can still recover compensation. The answer may be yes, depending on your level of fault.

Attorney Marie Banks explains:

What If I Wasn't Wearing a Helmet?

In Florida, motorcyclists over the age of 21 are not required to wear helmets while riding as long as they meet minimum insurance requirements. For this reason, you should not assume that you are automatically at fault for your injuries and unable to recover compensation if you were not wearing a helmet or other protective gear at the time of the accident.

You may still be entitled to compensation for your injuries, even if you were not wearing a helmet at the time of the motorcycle crash.

Florida operates under a comparative negligence system, which means that your compensation may be reduced based on your degree of fault in the accident, but you can still recover damages even if you were partially at fault.

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Common Causes of Motorcycle Accidents 

Most motorcycle accidents are the result of negligence. Sometimes, motorcyclists themselves make mistakes but, more often, it is the negligence of other drivers on the road that leads to devastating and even deadly motorcycle accidents. 

Common causes of motorcycle accidents include: 

  • Speeding 
  • Distracted driving 
  • Drunk driving 
  • Reckless and aggressive driving 
  • Traffic law violations 
  • Failure to yield the right of way
  • Failure to obey traffic control devices 
  • Failure to keep a lookout 
  • Unsafe turns, lane changes, and passing 
  • Vehicle defects, including defect design 
  • Defective or poorly maintained roadways

The cause of the crash is a critical element of a motorcycle accident claim. At Schackow & Mercadante, our motorcycle accident lawyers in Gainesville work with accident reconstructionists and other experts to identify how our clients’ accidents occurred and, most importantly, who is responsible for their damages. 

Common Motorcycle Accident Injuries 

Unlike with other types of car accident claims, you do not need to prove that your injuries meet the state’s “serious injury” threshold in order to file a personal injury claim or lawsuit after a motorcycle accident. However, most motorcycle accident victims do suffer severe injuries that would qualify, regardless. 

Common motorcycle accident injuries include: 

  • Broken bones/fractures 
  • Brain injuries 
  • Burns 
  • Cuts, scrapes, and abrasions
  • Face injuries 
  • Internal bleeding 
  • Paralysis 
  • Road rash 
  • Soft tissue damage 
  • Spinal cord injuries 
  • Traumatic amputation 
  • Whiplash 

Sadly, a disproportionate number of traffic-related fatalities involve motorcycle accident victims. Even with the proper protection—such as a securely fastened motorcycle helmet and heavy, leather gear—motorcyclists simply lack the protections occupants of passenger vehicles have, such as seatbelts, airbags, and steel vehicle frames. 

Client Testimonials
  • “I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.”

Compensation Available to Motorcycle Accident Victims

Because motorcycle accident victims tend to sustain such severe, life-altering injuries, they often face numerous physical, emotional, and financial challenges in the wake of these accidents. By filing a personal injury lawsuit, you can seek fair financial compensation for your economic and non-economic damages. 

Some examples of economic and non-economic damages in motorcycle accident claims include: 

  • Emergency medical care 
  • Hospitalization 
  • Ambulance fees 
  • Surgery and other procedures
  • Prescription and over-the-counter medications
  • Rehabilitation 
  • Physical therapy 
  • Future medical expenses 
  • Pain and suffering 
  • Emotional distress 
  • Lost income/wages
  • Loss of future earnings 
  • Diminished earning ability 
  • Lost quality/enjoyment of life 
  • Disfigurement 
  • Inconvenience 
  • Home modifications 
  • In-home assistance and care 

If your loved one tragically passed away due to a motorcycle accident, you may be able to file a wrongful death lawsuit against the liable party. While nothing can ever compensate you for such an immense loss, a fair settlement or verdict can allow you to manage unexpected financial hardships and obtain a much-needed sense of justice on behalf of your loved one.

Helping You Heal

At Schackow & Mercadante, we are here to help you heal. Our Gainesville motorcycle accident lawyers provide personal attention and one-on-one support throughout the legal process. We are aggressive when it comes to seeking maximum compensation for our clients, and we are ready to fight for you and the fair recovery you are owed.

Contact our motorcycle accident attorneys in Gainesville to learn more about how we can help you.

Why Clients Trust Us

  • Personalized Advice & Concierge Level Experience
  • Direct Communication With Your Attorney
  • Over 125 Years of Combined Experience
  • Practicing in The Gainesville Area 55+ Years

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