After a motorcycle accident, having a skilled legal advocate on your side can make all the difference. A seasoned motorcycle accident attorney will protect your rights and guide you through the complex legal process. At the law office of Brandon J. Broderick, we prioritize clear and open communication with our clients, offering the support you need during this difficult time.

We recognize the financial burden an accident can bring, which is why we work on a contingency basis. This means you pay nothing upfront, and we only get paid if we successfully win your case. Our goal is to secure the maximum settlement for you, allowing you to focus on your recovery and your family with peace of mind.

Without filing a claim, insurance companies may offer settlements far below what you are entitled to and need, potentially leaving you with out-of-pocket expenses. We strongly recommend that you reach out to our Florida law office today in order to receive our assistance in addressing these difficulties.

Our commitment is to use all available resources to protect your rights and secure the compensation you deserve. We’ve helped many clients in similar situations achieve favorable outcomes and are ready to do the same for you. Reach out to us today at (877) 640-5611 to discuss your case.

As you consider your options, remember that we’re here to provide compassionate, effective legal representation, standing by your side every step of the way.

Secure Compensation for Your Present and Future Medical Costs and Injuries

Motorcycle accidents can result in life-changing injuries due to the minimal protection they offer in comparison to larger vehicle such as cars. This increased vulnerability raises the risk of serious injuries and even fatalities. In such situations, it’s essential to carefully consider your legal rights and future needs. Insurance companies often push for quick settlements that may not cover your long-term medical expenses, lost wages, or diminished quality of life. You need time to fully evaluate the extent of your injuries and their impact on your future.

Experienced Trial Attorneys and Skilled Negotiators

At Brandon J. Broderick, Attorney at Law, our team of seasoned trial attorneys and expert negotiators will handle all communication with insurance companies and other parties on your behalf. We understand that insurance companies often offer insufficient settlements or may attempt to deny full coverage for your damages. Our commitment is to aggressively seek the compensation you deserve. If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to trial and fight to win.

Brandon J. Broderick, Attorney at Law, We Stand By Your Side

While you focus on recovery, we will handle every aspect of your case, alleviating your worries and defending your legal rights. Contact us for a free consultation, and let our proven success and results work in your favor. You’ve been through enough—let us make sure the law works for you.

What Steps Should I Take Immediately After a Florida Motorcycle Accident?

  1. Check for Injuries and Call 911: First, assess your condition and the well-being of any passengers or others involved. Even if the injuries seem minor, it’s essential to call 911 for medical assistance and to report the accident. Prompt medical attention is important for any injuries that may not be immediately apparent due to shock.
  2. Move to Safety: If it’s safe, move yourself and your motorcycle out of traffic to avoid further accidents or injuries. If moving the motorcycle is not possible, ensure you get to a nearby safe location.
  3. Document the Scene and Gather Evidence: Once you’re safe, thoroughly document the accident scene. Use your phone to take photos and videos of the scene, your injuries, damage to your motorcycle, and any other vehicles involved. Include details like skid marks, road conditions, traffic signs, and environmental factors that may be relevant.
  4. Exchange Information With All Involved Parties: Collect contact details from everyone involved in the accident, including names, phone numbers, addresses, driver’s license numbers, license plates, vehicle information, and insurance details. Be sure to also gather contact information from any witnesses who may have seen the accident.
  5. File a Police Report: When law enforcement arrives, provide a detailed account of the accident. Make sure an official police report is filed, as it will be critical for your insurance claim and any legal actions you may need to pursue.
  6. Seek Medical Attention: Even if you don’t feel seriously injured, get a medical evaluation as soon as possible. Some injuries, such as concussions or internal trauma, may not show symptoms right away. A medical report documenting your injuries is vital for insurance claims and any potential legal action.
  7. Notify Your Insurance Company and Consult an Attorney: Report the accident to your insurance company promptly, providing all necessary information. Be cautious about giving recorded statements without first consulting an attorney, as insurance companies may try to use them against you. Consider speaking with an experienced motorcycle accident attorney before making any formal statements or accepting settlement offers. An attorney can help safeguard your rights, handle the legal complexities, and ensure you receive fair compensation for your injuries and damages.

By following these steps, you can protect your health, preserve your legal rights, and strengthen any potential claims after a motorcycle accident in Florida.

Common Causes of Motorcycle Accidents in Florida

Motorcycle accidents in Florida, as in other states, are often caused by a variety of factors. Understanding these common causes is key to preventing accidents and promoting safer riding practices.

Here are some of the most frequent causes:

1. Driver Negligence

  • Unsafe Lane Changes: Many accidents happen when drivers change lanes without properly checking their blind spots or using turn signals. Motorcycles being smaller and less visible are often overlooked.
  • Distracted Driving: Drivers distracted by their phones, eating, or other activities may fail to notice motorcyclists, resulting in collisions.
  • Following Too Closely: Tailgating is particularly hazardous for motorcyclists, as they have less protection and can be thrown from their bike if hit from behind.
  • Lane Splitting: Although lane splitting—riding between two lanes of traffic—is illegal in Florida, it is still a risk factor when riders engage in this dangerous practice.

2. Road Hazards

  • Potholes and Debris: Uneven roads, debris, and potholes pose significant risks for motorcyclists, as they can easily lose control when encountering these obstacles.
  • Wet or Icy Roads: Poor weather conditions, such as rain or ice, make roads slick and increase the risk of losing traction, leading to skidding or crashes.

3. Speeding

  • Excessive Speed: Both motorcyclists and other drivers traveling at high speeds have less time to react to obstacles or sudden changes on the road, resulting in more severe accidents and injuries.

4. Driving Under the Influence

  • Alcohol and Drugs: Driving under the influence is a leading cause of motorcycle accidents. Impaired drivers have slower reaction times, poorer judgment, and reduced coordination, all of which are essential to ensuring safe driving.

5. Inexperienced Riders

  • Lack of Experience: New motorcyclists are more prone to making errors, such as misjudging traffic speed or handling their bike poorly in emergency situations, increasing the risk of accidents.

6. Failure to Yield

  • Right-of-Way Violations: Many motorcycle accidents occur when other vehicles fail to yield the right-of-way to motorcyclists, especially at intersections or when merging.
  • Left Turn Accidents: Drivers running red lights often cause collisions with motorcycles and other vehicles making left turns.

7. Car Doors

  • Dooring: This type of accident happens when drivers or passengers open their car doors without checking for oncoming motorcyclists, causing the rider to crash into the door.

8. Mechanical Failures

  • Bike Defects: Mechanical issues like brake failures, tire blowouts, or other defects can cause accidents, particularly if the motorcycle isn’t properly maintained.

By understanding these common causes, both motorcyclists and other drivers in Florida can take steps to reduce the likelihood of accidents. Regular vehicle maintenance, following traffic laws, and staying alert on the road are all essential to improving safety for everyone.

Common Injuries from Motorcycle Accidents in FL

Motorcycle accidents in Florida often result in a wide range of injuries, many of which can be severe due to the lack of protective barriers compared to other vehicles. Here are some of the most common injuries sustained in motorcycle accidents:

1. Head Injuries

Head injuries, such as concussions and traumatic brain injuries (TBIs), are among the most serious consequences of motorcycle accidents. Although helmets are required for some riders in Florida, the force of a crash can still cause significant head trauma. These injuries can range from mild headaches to severe cognitive impairment or even permanent disability.

2. Spinal Injuries

Spinal cord injuries can lead to partial or complete paralysis, depending on the severity and location of the damage. These injuries often require extensive medical treatment and long-term rehabilitation and can cause permanent disability, drastically affecting the victim’s quality of life.

3. Fractures and Broken Bones

The impact during a motorcycle collision often results in broken bones. Common fractures include those of the arms, legs, wrists, and ribs. These injuries frequently require surgery, physical therapy, and lengthy recovery periods.

4. Road Rash

Road rash occurs when the rider’s skin scrapes against the pavement, causing painful abrasions that can range from mild to severe. In more serious cases, road rash may require skin grafts and can lead to infections if not treated properly. Wearing protective gear helps reduce the severity of these injuries but cannot eliminate the risk entirely.

5. Internal Injuries

Internal injuries, such as damage to organs or internal bleeding, can be life-threatening and may not show immediate symptoms after an accident. Prompt medical attention is critical to diagnose and treat these injuries, preventing further complications.

6. Limb Injuries

Injuries to the limbs, including severe bruising, deep lacerations, and even amputations, are common in motorcycle accidents. These injuries may result in significant loss of function and often require prosthetics or reconstructive surgery to restore mobility.

7. Soft Tissue Injuries

Soft tissue injuries, such as sprains, strains, and contusions, can cause significant pain and hinder movement. While not as visible or immediately alarming as fractures or head injuries, they often require substantial treatment and physical therapy for recovery.

8. Psychological Trauma

The emotional toll of a motorcycle accident can be as severe as physical injuries. Many victims experience anxiety, depression, or post-traumatic stress disorder (PTSD) following a traumatic accident. Psychological support and therapy may be necessary to help victims cope with these issues.

These common injuries highlight the importance of wearing appropriate protective gear and adhering to traffic laws to minimize the risk of serious harm. If you or a loved one is involved in a motorcycle accident, it is important to seek immediate medical attention and consult with a legal professional to explore your options for compensation and recovery.

Important Florida Motorcycle Laws You Should Know

1. Motorcycle Endorsement is Required

Having a driver’s license alone does not permit you to operate a motorcycle in Florida. You must also obtain a motorcycle endorsement, which is necessary to operate any two- or three-wheeled motorcycle with an engine size of 50cc or larger.

To get a motorcycle endorsement, you must be at least 16 years old and have a valid driver’s license. You’ll need to complete and pass the Basic Rider Course offered by the Motorcycle Safety Foundation. If you don’t have a driver’s license, you can apply for a motorcycle-only license by passing a knowledge test and completing the Basic Rider Course. However, note that a motorcycle-only license does not allow you to drive a car.

2. Florida Helmet Law

Motorcycle riders under the age of 21 are required to wear a helmet. Riders aged 21 and older can choose not to wear a helmet, but they must have at least $10,000 in medical benefits insurance to cover injuries in the event of a crash.

3. Mandatory Eye Protection for All Riders

While helmets are optional for riders over 21, protective eyewear is not. All motorcycle operators must wear goggles or other protective eyewear while riding to ensure safety.

4. Lane Splitting is Illegal in Florida

Lane splitting, the practice of riding between two lanes of occupied traffic, is illegal in Florida. Motorcyclists are entitled to full use of a lane, but they are not allowed to overtake and pass between lanes of traffic.

5. No More Than Two Motorcycles Riding Side by Side

Florida law also prohibits more than two motorcycles from riding side-by-side in a single lane. Lanes are not wide enough to safely accommodate more than two motorcycles abreast.

6. “Wheelies” and Stunts are Illegal

Riders must keep both wheels on the ground while operating a motorcycle. Performing stunts like “wheelies,” where the front wheel is lifted off the ground, is against the law in Florida.

7. Passenger Rules

Carrying a passenger is only legal if your motorcycle has a designated seat for them. Additionally, your motorcycle must have footrests specifically for passenger use.

8. Listening Devices Must Not Obstruct Hearing

It is illegal to wear listening devices that block your ability to hear surrounding sounds while riding a motorcycle. However, using an earpiece for a cellphone is legal, as long as one ear remains unobstructed.

9. Headlights Must Be On at All Times

Florida law mandates that motorcycle headlights must automatically turn on when the engine starts and remain on while the vehicle is in operation. Keeping headlights on improves visibility and helps prevent accidents caused by other vehicles turning into the path of an oncoming motorcycle.

10. Motorcycles Must Have Mirrors

All motor vehicles in Florida, including motorcycles, must be equipped with mirrors. These mirrors must allow the rider to see at least 200 feet behind them. Increased visibility helps riders avoid accidents and stay aware of their surroundings.

Florida Motorcycle Accident and Injury Statistics

According to Florida's 2022 Annual Traffic Crash Facts Report, the latest statistics reveal the following:

  • There were a total of 9,270 motorcycle crashes in Florida in 2022.
  • These crashes resulted in 631 fatalities, with 605 being motorcycle drivers and 26 being passengers.
  • 1,999 motorcycle drivers and 154 passengers sustained incapacitating injuries.
  • Additionally, 5,929 motorcycle drivers and 479 passengers suffered other types of injuries.

There is also a noticeable trend in motorcycle accidents based on the time of year. According to data from Ride Smart Florida, the following statistics highlight these trends:

  • March sees the highest rate of serious injuries for motorcyclists, averaging just under 250 serious injuries between 2015 and 2022. October follows closely, with an average of 210 injuries, while August has the lowest rate at 150 serious injuries.
  • March also records the highest fatality rate for motorcyclists, averaging just under 64 deaths during the same period. April and May follow with 52 and 51 deaths, respectively.

Additionally, motorcyclists are at a higher risk of being involved in accidents that result in severe injury or fatalities on Saturdays and Sundays throughout the year.

What Compensation Can I Expect After a Motorcycle Accident in Florida?

After a motorcycle accident in Florida, the type and amount of compensation you may be entitled to depend on several factors, such as the severity of your injuries, the extent of property damage, and the degree of fault among the parties involved. Here are the primary types of compensation you can expect:

Economic Damages in FL Motorcycle Accident Settlements

Economic damages are calculated based on the financial losses you've suffered due to the accident. These include compensation for both past and projected wage losses during your recovery, as well as the total cost of your medical expenses.

Medical Expenses

Compensation for medical expenses typically covers:

  • Emergency Room Visits: Costs for initial treatment following the accident.
  • Hospital Stays: Costs for surgeries, overnight stays, and intensive care.
  • Ongoing Medical Treatment: Follow-up visits, physical therapy, and rehabilitation.
  • Medication: Prescription drugs needed for recovery.
  • Assistive Devices: Costs for wheelchairs, crutches, or other medical aids.

Lost Wages

If your injuries prevent you from working, you may be compensated for:

Current Lost Income: Wages lost from the time of the accident until you're able to return to work.

Future Lost Income: Compensation for future earnings if your injuries lead to long-term or permanent disability.

Severe injuries can result in higher medical expenses and other losses, which can complicate negotiations with insurance companies. Hiring an experienced Florida motorcycle accident attorney can strengthen your case, ensuring that insurance adjusters take your claim seriously and increasing the likelihood of a fair settlement or favorable court outcome.

How Are Future Medical Expenses Estimated?

If you require ongoing treatment, your claim should include compensation for future medical expenses. Estimating these future costs is essential for comprehensive compensation, and a lawyer will often work with medical experts to assess the long-term impact of your injuries. These experts can evaluate the severity of the injury and provide testimony on future care needs, which may include medications, nursing care, and future lost wages.

Your attorney may also consult with economists or other specialists to calculate your anticipated income loss and other financial impacts. This careful analysis ensures that future expenses are adequately covered in your settlement.

It’s very important not to rush into accepting a settlement offer, especially if it appears low. Make sure that all your injury-related losses are carefully assessed before considering any offer. If you're still undergoing medical treatment or may need surgery or additional care in the future, accepting an early settlement could leave you responsible for further expenses. Having a clear understanding of the full compensation required to cover your losses is essential to ensure you are adequately compensated.

Non-Economic Damages in FL Motorcycle Accident Settlements

In addition to economic damages, non-economic damages are awarded for physical and emotional suffering resulting from the accident. These are more difficult to quantify but are important in compensating for the broader impact of your injuries.

Pain and Suffering

Compensation for pain and suffering accounts for the physical and emotional distress caused by the accident. Factors that influence this amount include:

  • Severity of Injuries: More severe and long-lasting injuries generally result in higher compensation.
  • Impact on Quality of Life: How the injuries affect your ability to perform daily activities and enjoy life.

Insurance companies often use a "multiplier" method to calculate pain and suffering, multiplying your medical expenses by a number (usually between 1 and 5) based on the severity of your injuries. More severe or permanent injuries tend to result in a higher multiplier. In these situations, having an experienced motorcycle accident attorney is to navigate the complexities and effectively justify the compensation you are pursuing. Their expertise will help ensure that you receive a fair and comprehensive settlement.

Can I Pursue a Wrongful Death Claim After a Fatal Motorcycle Accident in Florida?

Yes, it is possible to pursue a wrongful death claim in Florida following a fatal motorcycle accident. A wrongful death claim in Florida can be filed if the death was caused by the negligent or wrongful act of another party.

Who Can File a Wrongful Death Claim?

In Florida, a wrongful death claim must be filed by the personal representative of the deceased person's estate, typically appointed in the decedent’s will or by the court.

Grounds for a Wrongful Death Claim

To succeed in a wrongful death claim, it must be proven that the death resulted from the defendant's negligence, recklessness, or intentional act. Common scenarios in motorcycle accidents include:

  • Negligent Driving: Such as speeding, distracted driving, or impaired driving.
  • Reckless Driving: Including aggressive driving behaviors or road rage.
  • Defective Motorcycle Parts: If the accident was caused by a defect in the motorcycle, the manufacturer could be held liable.

Types of Damages

Damages awarded in a wrongful death claim can include:

  • Medical Expenses: Costs incurred due to the accident before the death.
  • Funeral and Burial Costs: Expenses related to laying the deceased to rest.
  • Loss of Income: Compensation for the loss of the deceased's future earnings.
  • Loss of Consortium: Compensation for the loss of companionship, care, and support.
  • Pain and Suffering: Damages for the emotional distress suffered by the deceased before death and the grief experienced by the family.

Statute of Limitations

Under Fla. Stat. § 95.11(4)(e), the statute of limitations for wrongful death litigation in Florida is two years from the date of death. It is essential to adhere to this timeframe to avoid losing the right to seek compensation.

Due to the complexities of wrongful death claims, seeking the assistance of an experienced attorney is strongly recommended. A skilled lawyer can guide you through the legal process, gather essential evidence, and advocate on behalf of the deceased's family to ensure fair compensation.

Pursuing a wrongful death claim in Florida after a fatal motorcycle accident allows the family or estate of the deceased to seek financial relief and justice for the loss caused by another party's negligent or wrongful actions. Legal expertise can significantly improve the likelihood of a successful claim.

How Long Do I Have to File a Motorcycle Accident Claim in Florida?

In Florida, the time limit for filing a motorcycle accident claim is governed by the state's statute of limitations, which sets the deadline for when a lawsuit must be initiated. Understanding these time limits is vital to ensuring you preserve your right to seek compensation.

If you were injured in a motorcycle accident, you generally have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this timeframe could result in the loss of your right to pursue compensation for your injuries, medical expenses, lost wages, and other damages.

Exceptions to the Statute of Limitations

There are rare exceptions that may alter the standard statute of limitations. For instance, if the injured party was a minor or if the defendant intentionally concealed facts related to the accident, the deadline might be extended. However, these exceptions are uncommon, and it is critical to consult with a knowledgeable attorney to determine how the statute of limitations applies to your specific case.

Importance of Filing on Time

It’s essential to take action within the statute of limitations because, if you miss the deadline, your claim may be dismissed, and you may lose your ability to recover compensation. Starting the claims process early also allows your attorney to gather evidence, speak to witnesses, and build a strong case on your behalf.

If you or a loved one has been involved in a motorcycle accident in Florida, it's important to consult with an attorney as soon as possible to ensure your claim is filed within the legal time limits and to maximize your chances of a successful outcome.

How Can I Establish Fault in a Florida Motorcycle Accident?

Motorcycle accidents follow the same legal principles as car collisions when determining fault and assessing negligence. All drivers have a responsibility to operate their vehicles safely. If a motorist violates a motorcycle’s right of way, they are generally considered liable for the accident. It’s notable that in two-thirds of motorcycle-vehicle collisions, the other driver is found to be at fault, and 70% of accidents involving motorcycles and other vehicles occur at intersections.

In some instances, a commercial vehicle driver may be involved in a motorcycle accident while performing job-related duties. In such cases, the driver’s employer could be held partially liable for the accident. Additionally, if a defect in the motorcycle contributed to the crash, the manufacturer may be held responsible for any resulting injuries.

Under Florida’s modified comparative negligence law, if you are partially at fault for the accident, your compensation may be reduced based on your percentage of fault. However, if you are found to be more than 51% at fault, you may be barred from recovering any compensation.

Since each motorcycle accident is unique, determining liability can be complex. It’s highly recommended to contact an experienced Florida motorcycle accident attorney promptly to help establish fault and navigate the legal process.

Do I Need a Lawyer to File a Motorcycle Accident Claim in Florida?

While hiring a lawyer for a motorcycle accident claim in Florida is not legally required, doing so can significantly enhance your chances of securing fair compensation and successfully navigating the complex legal process.

Expertise in Personal Injury Law

Motorcycle accident attorneys specialize in personal injury law and have an in-depth understanding of Florida’s legal procedures. They are skilled in handling the complexities of motorcycle accident cases, including gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Accurate Valuation of Your Claim

An experienced attorney can accurately evaluate your claim by considering all potential damages. This includes medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. Without legal expertise, you might undervalue your claim and miss out on the full compensation you deserve.

Negotiating with Insurance Companies

Insurance companies often try to settle claims for as little as possible. A lawyer can manage all communication with insurers and use their negotiation skills to advocate for a fair settlement. They can also protect you from common tactics insurers use to reduce payouts, such as questioning the severity of your injuries or disputing necessary treatments.

Proving Liability and Building a Strong Case

Proving liability in a motorcycle accident can be difficult, especially if multiple parties are involved or facts are in dispute. A lawyer can gather and analyze evidence, such as police reports, medical records, witness statements, and expert testimony, to build a strong case on your behalf.

Handling Legal Procedures and Deadlines

Filing a motorcycle accident claim involves strict deadlines and legal procedures. Missing a deadline or filing incorrectly can jeopardize your case. A lawyer ensures that all paperwork is filed correctly and on time, allowing you to focus on your recovery.

Representation in Court

If a fair settlement cannot be reached, your case may go to trial. Having an experienced trial lawyer represent you can greatly improve your chances of a favorable outcome. They will present your case effectively, cross-examine witnesses, and counter the defense’s arguments.

While you can file a motorcycle accident claim on your own, hiring a lawyer offers numerous benefits that can help ensure you receive the full compensation you are entitled to. Their expertise, negotiation skills, and ability to navigate the legal system can make a significant difference in the outcome of your case.

Brandon J. Broderick, Attorney at Law, Is Ready to Assist You After a Florida Motorcycle Accident

If you or a loved one has suffered injuries in a motorcycle accident, we understand how overwhelming and painful this experience can be. The road to recovery can seem daunting with mounting medical bills, lost wages, and the physical and emotional toll of the accident. At the law firm of Brandon J. Broderick, Attorney at Law, we are here to stand by your side during this difficult time, providing compassionate and dedicated legal support. Our team is committed to ensuring that your rights are protected and that you receive the compensation you deserve to aid in your recovery and alleviate some of the burdens you are facing.

We believe that every client deserves honest, open communication and unwavering advocacy. By choosing our firm, you can rest assured that our team of experienced attorneys will devote 100% of our resources to your case, fighting tirelessly for your rights. We work on a contingency basis, meaning you won’t pay any upfront costs, and we only get paid if we win your case. Our goal is to give you peace of mind, allowing you to focus on healing while we handle the legal complexities. Let us help you navigate this challenging time and work towards a brighter, more secure future.

We have multiple office locations across the state of Florida. Wherever you are in Florida, our motorcycle accident attorneys will travel to you. Contact us today for a free consultation, and take the first step towards getting the support and justice you deserve.

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