Motorcycle Accidents
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Gainesville Motorcycle Accident Attorneys
Fighting For Motorcycle Accident Victims 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 our Gainesville motorcycle accident lawyers at Schackow & Mercadante for a free, no-obligation consultation. Call (352) 371-3000 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.
Contact Schackow & Mercadante today to get started with our motorcycle accident lawyer in Gainesville.
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
- Traffic law violations
- Failure to obey traffic control devices
- Unsafe turns, lane changes, and passing
- Defective or poorly maintained roadways
- Reckless and aggressive driving
- Failure to yield the right of way
- Failure to keep a lookout
- Vehicle defects, including defect design
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
- Burns
- Face injuries
- Paralysis
- Soft tissue damage
- Traumatic amputation
- Cuts, scrapes, and abrasions
- Internal bleeding
- Road rash
- 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.
What Compensation is 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
- Ambulance fees
- Prescription and over-the-counter medications
- Physical therapy
- Pain and suffering
- Lost income/wages
- Diminished earning ability
- Disfigurement
- Home modifications
- Hospitalization
- Surgery and other procedures
- Rehabilitation
- Future medical expenses
- Emotional distress
- Loss of future earnings
- Lost quality/enjoyment of life
- Inconvenience
- 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.
What Should You Do After a Motorcycle Accident?
After a motorcycle accident, it is crucial to prioritize safety and take steps to protect your legal rights. Seek medical attention immediately, even if injuries appear minor, as some conditions may not show symptoms right away. Notify law enforcement to ensure an official accident report is created, which can serve as valuable evidence later.
Document the accident scene by taking photographs of the vehicles, injuries, road conditions, and any other relevant details. Gather contact information from witnesses and the other driver, including insurance details. Avoid discussing fault or making statements that could be used against you.
Promptly notify your insurance company, but be cautious when providing statements. Consult with an experienced motorcycle accident attorney before speaking with the at-fault party’s insurer to avoid jeopardizing your claim. Legal guidance can help ensure you recover the compensation you deserve for medical bills, lost income, and other damages.
Frequently Asked Questions
How Long Do I Have to File a Motorcycle Accident Claim in Florida?
In Florida, the statute of limitations for filing a personal injury claim after a motorcycle accident is generally two years from the date of the accident. This timeline is crucial as failing to file a claim within this period typically results in losing the right to pursue compensation. However, certain circumstances could alter this timeframe, such as the discovery of new evidence or if the injured party was a minor at the time of the accident. To navigate these nuances, consulting with a knowledgeable attorney as soon as possible after an accident is highly recommended.
What Are Common Defensive Driving Tips for Motorcyclists?
Defensive driving is a crucial skill for any motorcyclist. Key tips include maintaining visibility, anticipating potential road hazards, and keeping a safe distance from other vehicles. Riders should also practice situational awareness, regularly scanning the road for sudden changes or obstacles. Using mirrors effectively and executing maneuvers with clear signals can further minimize risks. Regular attendance at defensive driving courses is highly beneficial, offering new insights and techniques to enhance safety on the road.
What Should I Do If the Other Driver is Uninsured?
If involved in an accident with an uninsured driver, it’s essential to explore alternative routes for compensation. Uninsured motorist coverage, a component often included in auto insurance policies, may offer relief. Consulting with an attorney can provide further guidance on how to proceed, possibly identifying other liable parties or coverage options. Careful documentation and reporting of the incident will also strengthen any claims made through this alternative avenue, ensuring the best possible support for recovery.
Contact Our Gainesville Motorcycle Accident Lawyer Today
At Schackow & Mercadante, we are here to help you heal. Our Gainesville motorcycle accident attorneys 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 by calling (352) 371-3000 to learn more about how we can help you.
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