Riding a motorcycle is a fun and fuel-efficient way to get around town, but like most forms of transportation, it has its downsides and dangers. Since motorcycles lack the same degree of protection that cars and trucks provide, riders can suffer serious injuries in a collision.
At Winston Law Firm, we ride too. Bradley Winston and our team of Florida motorcycle accident attorneys understand the freedom and enjoyment that comes from riding a bike. If you’ve been injured in a motorcycle crash caused by a negligent motorist, we have the experience and legal expertise you need to recover losses.
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Common Motorcycle Accident Injuries
Motorcycle crashes can result in severe injuries that require expensive medical care to recover from. Fortunately, the motorcycle accident lawyers from our team in Florida can work with you and your insurance provider to reimburse your medical bills.
Your attorney will do everything they can to obtain the damages you need to get quality medical treatment for any of the following injuries:
- Traumatic brain injury (TBI)
- Spinal cord injury
- Back and neck injury
- Paralysis
- Bone fractures
- Internal injuries
- Road rash
- Lacerations
If you’ve suffered a spinal cord injury in a motorcycle accident due to someone’s negligence, it’s crucial to seek legal assistance promptly. An experienced spinal cord injury lawyer in Florida can help you navigate the legal process, protect your rights, and pursue compensation for your injuries and damages.
Who Pays for a Motorcycle Accident in Florida?
Since Florida is a no-fault state, motorcycle accident victims must file an insurance claim with their own PIP (personal injury protection) policy. In The Sunshine State, all drivers must carry PIP insurance, and the minimum required coverage is $10,000.
Once a Florida motorcycle accident lawyer has constructed a facts-based claim, they’ll bring it to your insurance provider. Your insurance company may be hesitant to offer full compensation for your losses, as insurers are often more focused on protecting their bottom line than providing the damages their clients deserve.
Luckily, our attorneys have a great deal of negotiating experience. They’ll use their quick wits and communication skills to convince insurers to offer a settlement that makes up for all of your financial losses and emotional hardships.
What to Do if Your Motorcycle Collision Losses Exceed Your Policy Limit
If your medical bills, vehicle repair costs, and other losses are greater than your PIP policy limit, a lawyer can help you explore alternative options. According to state law, you may be eligible to file a lawsuit against the other driver if the crash caused you to sustain permanent disabilities, scarring, disfigurement, or loss of an essential bodily function.
If that’s the case for you, a motorcycle accident lawyer in Florida can prepare your lawsuit and represent you in court. Our trial attorneys have obtained countless notable case results for past clients. They’ll draw on their impressive experience to ensure your lawsuit goes smoothly.
We’ll Determine the Cause of your Motorcycle Accident
At Winston Law Firm, we’ve been in our fair share of motorcycle accidents, so we’re closely familiar with the many factors that can contribute to a crash. We’ll use our first-hand experience to find out what caused your collision so we can pursue financial compensation from the appropriate party.
Some common causes of motorcycle accidents include:
- Drunk drivers
- Speeding
- Municipal negligence
- Motorcycle defect or lack of safety features
- Reckless drivers
- Distracted drivers
- Fatigued drivers
- Road hazards
- Inclement weather
Once we’ve figured out how your accident happened, we’ll be able to identify the at-fault party. If we find that you were partly to blame for the accident, you may still be able to collect compensatory damages.
Florida’s Modified Comparative Negligence Rule Might Apply to Your Case
In the event you were partially at fault for a collision, Florida’s modified comparative negligence standard could significantly influence the compensation you are eligible to receive. In situations where fault is shared between parties, a specific percentage of fault will be assigned to each individual involved.
Under this standard, the compensation you can legally claim will be adjusted based on your assigned percentage of fault. However, it’s important to note that if your level of fault exceeds 50%, you may be barred from receiving any compensation. Our team of skilled motorcycle accident lawyers in Florida is dedicated to challenging any assertions that unfairly increase your percentage of fault.
Your attorney will rigorously analyze and present evidence to argue for the lowest possible assignment of fault on your part. This approach is crucial to maximize your potential compensation for losses related to the accident. Our legal team is also available to clarify any aspects of Florida’s fault laws and provide comprehensive guidance regarding your specific case.
Statute of Limitations for Motorcycle Accident Lawsuits
Florida’s comparative negligence rule isn’t the only law that may impact your case. Your motorcycle accident lawsuit must comply with the state’s statute of limitations. Fla. Stat. Ann. § 95.11(3)(a) states that you have two years from the date of your accident to submit a civil suit.
While there are exceptions to this statute, failure to adhere to the two-year filing deadline will likely prevent you from receiving the damages you need to put this accident in the past. To ensure your lawsuit is filed within the designated time frame, reach out to a Florida motorcycle accident lawyer today.
Pursuing a Product Liability Lawsuit for a Defective Motorcycle
If we find that your accident was caused by a defective motorcycle or faulty component, we’ll pursue a product liability or defective vehicle lawsuit against the at-fault manufacturer. We’ll work with engineering experts to inspect your vehicle for evidence of a defect and use what we find to prepare your case.
Once we’ve constructed a compelling product liability lawsuit, we’ll take your case to court and demand fair compensation for the injuries, financial losses, physical pain, and emotional distress you’ve endured as a result of the manufacturer’s error.
How a Florida Motorcycle Accident Attorney Can Help You
Filing a motorcycle accident claim can be a complicated process that’s best left to an experienced attorney. A lawyer from our firm can handle every aspect of your claim, so you have the time you need to attend medical appointments and recuperate from your injury.
Your attorney will keep you updated on their progress as they complete the following steps:
Investigate the Accident
To build a strong case on your behalf, a motorcycle accident lawyer from our office in Florida will collect evidence related to your collision. They’ll gather information from the official police report, eyewitness statements, and several other sources.
Assess Your Losses
To fight for the compensation you need to cover medical expenses and pay for property damage repairs, your lawyer must first determine how much your claim is worth. They’ll identify all the economic and non-economic losses you’ve endured and calculate how much you’re owed.
Communicate With Insurers
Insurance companies are known for ambushing accident victims with early lowball settlement offers. If you get a call from an insurer before you’ve had the chance to speak to an attorney, hang up the phone. Our legal team can handle all communications with insurers and determine if their offer is high enough to cover your losses.
Follow Through
Our lawyers won’t stop working until all possible sources of compensation have been exhausted. Whether they advise you to file a third-party claim or a personal injury lawsuit against the at-fault driver, they’ll work tirelessly to deliver the results you deserve.
What Sets Us Apart from Other Motorcycle Accident Firms
Our firm is composed of a small team of attorneys who take a strong stance against reckless drivers and fight for the results that our clients deserve. Our founding partner, Brad Winston, gives personal attention to each case we take on.
He conducts all client interviews and sees each case through until a settlement or jury decision is made. Our hands-on approach is a little different than how other law firms operate, but we have the results and recognition to prove that our way is superior.
We’ve received high ratings and recognition from Avvo, Expertise, Super Lawyers, Martindale Hubbell, and many other organizations. If you choose to work with us, you can be confident that our team will bring a great deal of experience and knowledge to the table.
Our team genuinely cares about the success of your case. We want to empower our clients to take legal action, even if it may feel overwhelming. To make things easier, we offer valuable resources to help you through the legal process. You can download and consult our guide to protect motorcyclists and their families, The Florida Motorcycle Bible, for free.
Contact Our Firm
Attorney Brad Winston has been riding motorized bikes since childhood. Like many riders, he progressed from lawnmower-powered mini bikes to dirt bikes, café racers in the 70s and 80s, to almost all kinds of Harley Davidson and sport bikes. He regularly rides on a home-built [rat] hardtail, a 2001 Yamaha FZR1000, and has many off-road vehicles.
If you or someone you love has been injured in a motorcycle accident, Winston Law Firm has got your back. Our Florida motorcycle accident attorneys know what it’s like to survive a serious crash, and they have what it takes to help you recover from one. Contact us today to get started on your claim.
If you’ve been in an accident with a motorcycle while riding a bicycle, it’s important to address the situation carefully. Seeking legal counsel can help you navigate the complexities of such incidents. An experienced Florida bicycle accident attorney can provide tailored guidance, ensuring your rights are protected and helping you pursue the appropriate course of action.
A Note From Brad
I ride the Yamaha when I want to go fast, and I ride the Harley when I go out with my friends. Almost all of my dirt bikes are at a place where we can ride safely across open land for days on end. I understand motorcycle crashes because I have been in a few of them myself.
I know how accidents can happen. Even if the rider could have been going slower, or did something that makes him feel partly at fault, usually someone else, or the bike itself, has contributed to the accident. That’s where we come in.
— Bradley Winston, Esq., Motorcycle Accident Attorney
