What To Do If You Are In A Florida Motorcycle Accident
Brian O Sutter
Motorcycle Crash
Florida is one of the best places to ride your motorcycle. With the beautiful weather, lovely coastline and highways, it is bikers paradise. But due to the amount of motorcycle drivers, Florida leads the nation in motorcycle fatalities. According to statistics, one fifth of all accidents in Florida involve motorcycles. What To Do If You Are Injured In A Motorcycle Accident
If you have the misfortune to be in an accident there are several steps that can assist your case.
• Stay At the Scene If Possible: If your injuries do not require hospitalization, stay with your vehicle and wait for the police. This allows you to complete a proper accident report.
• Collect Information: Get the other driver’s personal and insurance information. This included the license plate number, car make and model. Take down any details of the accident, take photos, not just of the vehicles but the street or intersection from all sides. If you are unable to do so, get someone else to help you record this information.
• Do Not Interact With The Other Driver: Other than getting the drivers information, do not make small talk with them. Do not apologize, don’t discuss how it happened and do not over share. It can and will be used against you later.
• Seek Medical Attention: Go to the hospital and follow up with your doctor, even if you do not feel it is necessary. If your insurance company notices a gap between the hospital date and follow up, they will question it. Remember, it is in the insurance company’s best interest to avoid paying for your treatment, saving their stockholders money.
• Keep a Ledger: It is important that you keep all receipts, medical bills and expenses and track your symptoms. These should be written down and organized to save time.
These steps will help you get all the documentation you need to file a claim.
Who Was At Fault For The Accident
In Florida, every motorcyclist has a “duty” to follow the same road rules as any other driver on the road. The same traffic laws apply, including having the entire lane to themselves, which is often ignored by other drivers. It also means the biker cannot split lanes or weave between lanes of traffic jams. If you are a motorcyclist and you are the victim of an accident, you have to prove duty of care, just as any other negligence case. You must establish that:
● You were owed a duty of care by the defendant: Vehicle drivers must obey traffic laws.
● The defendant somehow breached that duty: The driver was driving over the speed limit.
● The breach caused the plaintiff’s injuries: While speeding broadsided the motorcycle
● Damages resulted: Due to drivers speeding and hitting the motorcycle, the plaintiff was injured
It can be very challenging to prove these things. The best thing you can do is hire an attorney to help.
Damages In A Motorcycle Accident
If you have been severely injured in an accident that was not your fault you may be wondering what damages you can ask for in a personal liability lawsuit. In the state of Florida you can ask for compensatory damages. Compensatory means the amount of money that is intended to get you back to where you were before the injury. They include economic damages and non-economic damages.
● Economic damages consist of:
○ Property damage
○ Medical expenses
○ Future medical expenses
○ Lost income
○ Future lost income
○ Out of pocket costs
● Non-economic damages include:
○ Pain and suffering
○ Mental anguish
○ Emotional distress
○ Loss of enjoyment of life
○ Loss of consortium
You can also ask to be awarded punitive damages, which is intended to “punish” the party who was at fault. This is rarely awarded in Florida personal injury cases.
If you have been in a motorcycle accident your primary focus should be on healing and getting better; not the stress of getting everything ready for a lawsuit, not to mention dealing with insurance companies. The attorneys at All Injuries Law Firm have over thirty years of experience, working with accident victims. If you are a victim of a motorcycle accident call us for a free consultation and see how we can help you get the compensation for all your pain and suffering that you deserve.