There’s nothing better than riding your motorcycle up and down the Florida highways. It’s warm out and there’s sun all year long. It’s like no other place in the country. People who live in Fort Lauderdale have it better than most, But, riding your motorcycle does have its risks. You could get into a motorcycle accident. If this happens, call a Fort Lauderdale motorcycle accident attorney.
Motorcycle accidents can be very dangerous. Victims have nothing standing between then other than a plastic helmet. Riders are thrown from their bikes. They can end up bad burns and broken bones. They could even suffer a spinal cord injury or internal injuries.
Some people assume that all motorcycle drivers are careless. They tend to drive fast and weave in and out of traffic. But, for the most part, they do try to be careful like everyone else on the road. They just have more freedom than most drivers.
Car drivers don’t like sharing the road with motorcycle riders. They can’t see them. They seem to come out of nowhere. And, car drivers just don’t appreciate the ways motorcycle riders tend to ignore some of the rules of the road.
If you get hurt in a motorcycle accident, you should call a Fort Lauderdale personal injury lawyer.
Why is There is a Bias Against Motorcycle Riders?
A lot of car drivers have a negative view of motorcycle riders. They complain that they weave in and out of traffic. And, some of them do. But that’s only because motorcycles smaller and more maneuverable.
In reality, most motorcycle drivers aren’t reckless. They just prefer to ride on a bike rather than in a car. That doesn’t mean they deserve to get hurt.
Some car drivers do have a hard time seeing motorcycles on the road. This is because they’re smaller and can sneak up on you. This makes it even more important for car drivers to pay more attention and keep an eye out for them.
The Fort Lauderdale highway patrol officers see more motorcycle accidents than they like to. Unfortunately, by the time the police get there, the damage has already been done. The passengers of both the car and the motorcycle are already injured. All the officer can do is conduct his investigation and make sure everyone’s okay.
- 1 Why is There is a Bias Against Motorcycle Riders?
- 2 Your Florida Motorcycle Accident Attorney Will Prove Your Case
- 3 A Police Report Helps Prove Causation
- 4 Injuries Caused by Motorcycle Accidents in Florida
- 5 What Kind of Damages Will Your Attorney Demand?
- 6 Call a Fort Lauderdale Motorcycle Accident Lawyer Today to Schedule Your Free Initial Consultation
Your Florida Motorcycle Accident Attorney Will Prove Your Case
Just because you get into a motorcycle accident doesn’t mean you’re automatically entitled to damages. If you don’t suffer actual injuries, you can’t recover. You have to prove that you’re hurt and that the defendant is responsible for your injuries.
Almost all motorcycle accidents are caused by negligence. Negligence means that the other driver didn’t exercise the care he was required to use.
In order to prove negligence and get you the compensation you deserve, your attorney must show:
- The other driver owed you a certain duty of care
- They breached this duty
- This breach caused the accident
- You were injured as a result
The first element is easy to prove. People who drive cars are required to keep their eyes out for motorcycle riders. They have to follow all traffic rules and be courteous of other motorists – including motorcycle drivers.
It’s also relatively easy to prove your injuries. As long as you get medical treatment immediately after your accident, it shouldn’t be hard to document your injuries. However, if you didn’t go to the hospital, you’ll be making your attorney’s job a lot harder.
The difficult part is proving that the defendant breached his duty of care.
Your Fort Lauderdale motorcycle accident attorney will use the following to prove fault:
- Testimony from witnesses who saw the accident
- Sworn affidavits from you about how the accident happened
- All recordings from possible cameras including the other driver’s dash cam
- Abstracts of the other driver’s accident and driving records
- Testimony from experts who will recreate the accident using pictures and the accident report
A Police Report Helps Prove Causation
Just as with any other motor vehicle accident, if you get in a motorcycle accident, you need to call the police. There are things the cops can do that you can’t do yourself. They can get you the medical attention that you need. They’ll arrange for an ambulance to come to the scene to transport anyone with injuries to the hospital.
The police will also make sure he gets copies of the drivers’ license, registration and insurance. If someone has a revoked or suspended license, he can check this. This is not something you can do yourself.
If the other driver asks you not to call the police, don’t give in. Whether you think it’s necessary or not, you need to call the police. If the other driver asks you not to call the police, there’s a reason. Some of these reasons include:
- He doesn’t have a valid driver’s license
- The car is stolen
- He doesn’t have insurance
- He has warrants out against him
- He’s in the middle of some sort of criminal activity
- He was speeding or breaking a traffic law at the time of the accident
- He’s drunk or under the influence of drugs at the time
The police will investigate all of these things.
Your Fort Lauderdale motorcycle accident attorney will rely on the police report to prove causation. It has valuable information that you’ll never be able to capture any other way.
Some of the critical information listed in the police report includes:
- Name, license and insurance information for both drivers
- Name and contact information for witnesses
- Statements made by both drivers
- Witness statements
- Pictures of the scene, road conditions and the vehicles
- Whether either driver was under the influence of alcohol or drugs at the time of the accident
- Information regarding any citations issued as a result of the accident
Don’t make your lawyer’s job any harder than it already is. If you don’t call the police, you’ll deprive him of the proof available in the police report.
Injuries Caused by Motorcycle Accidents in Florida
Most victims of motorcycle accidents suffer pretty serious injuries. Because of the impact, they may even suffer fatal injuries. Fort Lauderdale motorcycle accident lawyers work hard to prove your injuries and get you the compensation you deserve.
Some of the most common types of injuries caused by motorcycle accident include:
- Traumatic Brain Injuries- This type of brain injury occurs when you suffer a severe blow to the head. A traumatic brain injury (TBI) is often life threatening. It will change your life forever. You could end up totally paralyzed and unable to work ever again. Some of the symptoms of a TBI include:
- Memory loss
- Vision loss
- Hearing damage
- Permanent disability
TBI often require surgery. You will probably need physical and occupational therapy as well. This means you’ll be in the hospital for weeks or months.
- Back injuries – Back injuries are common with motorcycle accidents. You can imagine what happens when you get ejected off your bike. You may get smashed onto the side of the road. You could get run over by another vehicle. This causes serious back injuries. Back injuries usually require surgery and long-term physical therapy.
- Neck injuries – Whiplash is a very common injury. You can suffer whiplash in a motorcycle accident. Although, chances are, you’ll suffer an even more serious neck injury. You could even break your neck. This can causes partial or total paralysis. It really depends on where the break occurs. You could also suffer muscle and tendon tears. They can do the necessary tests at the hospital to see if you’ve suffered any neck injuries.
- Burns – Burn injuries are more common with a motorcycle accident than other types of accidents. If your body is thrown from the bike, you may end up with road burn all over your body. Or, your bike may catch on fire upon impact. If this is the case, you could end up with second or third-degree burns. These burns will probably affect all exposed parts of your body. Even if you’re wearing protective clothing, there will be parts of your body uncovered.
Whether you think your injuries are minor or not, you need to go to the hospital. The doctors need to make sure you don’t have internal injuries. They can also provide medical documentation for your case.
What Kind of Damages Will Your Attorney Demand?
The point of filing your claim is to get paid for your injuries. You shouldn’t have to pay for this out of your pocket. Your attorney will demand that the defendant pay your damages. Some of these damages will include:
- Medical Bills – You deserve compensation for your current medical bills and your future medical bills. You may need additional surgeries and physical therapy. You may need to see a chiropractor for years. Your lawyer will submit evidence of the cost for your future medical bills.
- Lost Wages – The defendant is liable for your lost wages. You may have missed weeks or months from work due to your injuries. You may also end up permanently disabled. If this is the case, the defendant must reimburse you for these lost wages.
- Property damage – If you’re in a motorcycle accident, you’ll probably have to repair or replace your bike. The defendant is responsible to cover these out of pocket costs.
- Pain and Suffering – You’re entitled to recover for your mental and physical pain and anguish. Your attorne will submit the following types of proof to show pain and suffering:
- Testimony from your doctor and therapist
- Pictures of your injuries
- Statements from friends and family members about the things you can no longer do because of your accident
- Your own testimony about the pain and depression you’ve suffered
In some cases, your pain and suffering damages are the bulk of your case. They can exceed the rest of your damages combined. It all depends on how serious your injuries were.
If you win your case, the defendant’s insurance company will have to pay. If the defendant’s policy doesn’t cover all of your damages, you can pursue the driver personally for the rest. Your lawyer will try to settle your claim long before it goes to court to avoid this problem. Just understand that if you settle, you may have to accept less than what you initially demanded. This is the tradeoff for getting guaranteed money.
Your attorney will work hard to negotiate a fair settlement with the insurance company. He won’t advise you to take less that what is fair. He also won’t accept a settlement without talking to you first.
Call a Fort Lauderdale Motorcycle Accident Lawyer Today to Schedule Your Free Initial Consultation
If you get hurt in a motorcycle accident, you need an attorney. Motorcycle accident victims suffer pretty serious injuries. You may be out of work for a while. The last thing you want to do is deal with the insurance company and attorney.
Your attorney will go to battle with the insurance company on your behalf. He’ll do his best to settle your claim.
Call and schedule your free initial consultation today. You can sit down with an experienced truck accident attorney in Fort Lauderdale and discuss your case. He’ll answer any questions you may have. He’ll also give you an idea of what your case may be worth.
The consultation is absolutely free and you pay nothing until you win your case. The defendant will have attorneys working for him and you should too.
Contact a Florida motorcycle accident lawyer today to set up your initial consultation.