The popularity of motorcycle transportation is on the rise as more and more people are attracted to the economic benefits and thrills of this exciting mode of travel. But as this popularity rises so do chances of getting involved in a motorcycle accident in Florida. Motorcycles are fast and fun, but their high speeds and unprotected nature mean that accidents can always result in injuries that are far more serious than regular traffic accidents. After an accident happens, you will likely need the help of a Palm City motorcycle accident lawyer in order to get the maximum compensation for your claim.
Injuries received in a motorcycle accident can be serious, but the law allows the injured party to receive compensation for their damages from the at-fault party. If such an accident has impacted your life or the lives of those in your family, call (954) 231-1384 and schedule your FREE consultation with an experienced Palm City personal injury lawyer today. Our professional motorcycle lawyers at Englander Peebles will help you get a better understanding of your case and options.
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How Can a Palm City Motorcycle Accident Lawyer Help Your Compensation Claim?
Having your motorcycle accident case handled by an experienced motorcycle accident lawyer has some specific advantages, as follow:
Dealing with Insurance Providers
Devious insurance adjusters will look for every loophole to deny you compensation. A skilled motorcycle accident lawyer will make sure that your rights are respected and you receive every cent of compensation due.
Preparing a Bulletproof Case
Preparing a strong case requires skill and experience. A case prepared by a motorcycle accident lawyer from FTL Injury Law will have a higher chance of success and carry weight in negotiations.
Higher Payouts
A seasoned motorcycle accident lawyer will be able to calculate the full compensation you deserve by the law and ensure that full restitutions are made
Court Case Preparation
If a resolution can’t be reached through negotiations, the case will have to be taken to court. An experienced motorcycle accident lawyer will have the skills to move the wheels of justice in your favor.
What are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents can be caused for a variety of reasons, but are mostly caused by simple indifference to traffic safety laws. Here are some of the most common causes of motorcycle accidents in Palm City, Florida and most of them are avoidable and preventable.
- Failure to yield to a motorcyclist
- Speeding
- Distracted driving
- Failure to use turn signals in front of a motorcyclist
- Driving too closely to a motorcyclist
- Drunk driving or drugged driving
- Turning in front of an oncoming motorcyclist
- Failure to pay attention to motorcycles
- Faulty mirrors, brakes or lighting
Motorcycle Accident Statistics in Florida
According to the statistics held by the Florida Highway Safety and Motor Vehicles, accidents involving motorcycles have seen a slight reduction (2.71%) from 9,143 in 2018 to 8,895 in 2019. Incapacitating injuries caused in these accidents are also down slightly from 2,118 (2018) to 2,072 (2019). But the number of motorcycle accident fatalities is on the rise, topping off at 550 in 2019 compared to 531 in 2018.
What Are the Motorcycle-Specific Laws in Palm City, Florida
If you will be heading out onto the roads and highways in and around Palm City, Florida, on your motorcycle, it is essential to know the rules. Motorcycle laws are a bit different from state to state. Here is what you need to know about motorcycle laws in Florida.
Helmet or Insurance
An adult is required to use an approved helmet or carry insurance with a minimum of $10,000 in medical benefits. Those under the age of 21 are required to wear a helmet without exception.
Good Working Order
It is essential that your motorcycle is in proper working order. The horn, brakes, and license plate must be properly installed and fully functional.
Headsets
The use of headsets and earbuds when operating a motor vehicle is not allowed. Although, the use of a single earpiece is permitted.
What are the Most Common Injuries Seen in Motorcycle Accidents?
Motorcycles lack the same protective features you will find in most other motor vehicles. When involved in an accident, motorcyclists are at risk to some very serious injuries. Some of these include:
Whiplash
One of the most common injuries sustained occurs when the joints and muscles of the neck can suffer injury when the head and neck are swung about violently.
Broken Bones
When thrown from a motorcycle moving at even moderate speeds, it is not uncommon for the bones of the hands, wrists, femurs, ulnas, ribs, clavicle or tibia to be broken or fractured.
Traumatic Brain Injuries
Helmets are important. But even still, the impact to the head can result in cerebral hemorrhaging and severe concussions.
Road Rash
A street-smart biker will use protective gear to protect themselves from hitting hard asphalt. Torn flesh and severe scarring can result from hitting the road at any speed.
Spinal Cord Injuries
If the backbone is impacted, severe damage to the spinal column can result. This can lead to the partial or complete loss of certain body functions.
How is Fault Determined in a Palm City Motorcycle Accident?
Florida follows the concept of “no-fault” when it comes to auto insurance, nevertheless, “fault” will be an important point to establish in your Florida motorcycle case. If the damages suffered are too high to be covered by your personal insurance policy, there is a chance that you can make a claim with the at-fault driver’s insurance provider. If the insurance company agrees that the other driver was at-fault and not you, a resolution may be reached. If not, the case will be taken to court.
The courts will then examine the case and determine who is truly at-fault. The jury may also decide that both parties were at fault and will assign a percentage of responsibility to each person involved in the accident. If the at-fault driver is 80% responsible for the accident and the victim only 20% responsible, the victim will only be entitled to 80% of the compensation due. In other words, if the damages and injuries come out to $20,000, the victim will only receive $16,000.
What Type of Compensation Can I Receive for My Motorcycle Accident?
It is impossible to give a single answer that will apply to all motorcycle accident cases in Florida. Generally speaking, there are three categories of compensation available for the victims of a motorcycle accident and their families.
Economic Damages
These damages can be calculated by collecting receipts, bills, and pay stubs. Economic damages seek to reimburse the victim for the financial consequences of an accident, for example, the past, present, and future medical bills will be covered. The same goes for the loss of income caused by time spent off work or loss of earning capacity.
Non-Economic Damages
Some damages will be harder to convert into a financial figure. Expert witnesses will be called in to provide an estimate for the compensation available for pain & suffering, mental anguish, or loss of capacity to enjoy a normal life. The exact amounts will be negotiated with the insurance provider or assigned by the courts if the case is taken to court.
Punitive Damages
Finally, if the actions of the at-fault party were considered especially egregious or life-threatening, punitive damages may also be applied. Punitive damages are applied to punish the at-fault party and the amount determined by the severity of their actions.
Why Was My Motorcycle Accident Claim Denied?
Insurance companies are not known for their benevolence, but their tenacity in protecting their own interests. Insurance adjusters will look for every reason they can find for denying a claim and avoiding making payouts.
The policy was canceled or lapsed
The liable party may have insurance, but if they are late in making payments or the accident occurred during a lapse in their policy, the insurance company will categorically deny the claim. This is a good reason to make sure you are protected by a “Full Coverage” policy.
You don’t have full coverage
If you have full coverage insurance, you will not have to worry about the insurance of the at-fault party. Full coverage insurance pays compensation even if the other driver is “under-insured” or has no insurance at all.
The driver was not insured
There may be times that the at-fault driver is not covered by an insurance policy. It will be necessary to review the policy on permissive and non-permissive use of the vehicle. A bare minimum insurance policy will not typically include this coverage.
They believe the accident was your fault
If the insurance adjusters believe the fault of the accident lies with you rather than the other driver involved, they may choose to deny your claim. This can happen due to a lack of evidence or an unfavorable police report taken at the time of the accident.
They don’t believe that you were actually hurt
If the insurance provider doubts that you were actually injured in the accident, they may choose to deny your claim. For this reason, it is important to have your injuries examined and reported by a qualified medical professional.
They don’t believe your injuries were caused in the accident
You may have very obvious injuries, but if the insurance adjusters believe these injuries were sustained prior to or after the accident, they will also deny your claim. This is another reason a prompt report from a medical professional is an important part of a solid motorcycle accident case.
It is important to remember that the insurance denies claims as part of their standard procedure for protecting their own interests. A denial doesn’t reflect on the validity of your case. If your claim has been denied, speak with a skilled motorcycle accident lawyer who can examine the details of the accident and advise you on what to do next.
Final Notes on Motorcycle Accident Lawyers Palm City, Florida
It will be essential to act fast to protect your interests if you or someone in your family has been injured in a motorcycle accident in Palm City, Florida. Contact a professional motorcycle accident lawyer who can help you better understand your rights and handle the legal minutiae while you focus on making a recovery.
Schedule a FREE consultation with one of the auto accident lawyers at Englander Peebles today by calling (954) 231-1384. An experienced motorcycle accident lawyer will examine the details of your case and help you begin the process to obtain the compensation you need to make a full recovery.
