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You can face severe injuries and damage to your vehicle after a motorcycle accident. The financial fallout can add to an already stressful time.
Fortunately, you may seek compensation after a collision with help from the Fort Myers personal injury lawyers of Viles and Beckman. With more than four decades of experience, our team knows how to investigate, negotiate, and, when necessary, litigate each case we take on. Contact us today to learn how our Fort Myers motorcycle accident lawyers may be able to help you.
Why Choose Us?
Our attorneys understand how devastating accidents can be. We also appreciate the incredible economic hardship they often bring. The cost of the accident usually spans far beyond the physical injuries themselves.
We have helped countless people affected by accidents in Florida—victims who were fortunate enough to survive and the families of those who were not. We offer you:
The Benefit of Experience
Through our more than 40 years of combined experience in personal injury law, we’ve developed valuable insight into the effective litigation of motorcycle accidents in Florida.
Our experience has allowed us to develop strategies that work. We also understand how to counter the claims of insurance agents and other lawyers.
Compassion and Understanding
We know how to lend a compassionate shoulder of support to our clients while at the same time taking an aggressive stand against the other side. We believe in pursuing financial compensation for our clients with fierce determination.
Find out more by contacting our firm today.
Expect More, Receive More: Legal Support That Feels Like Family
Injuries Can Be Severe and Fatal
Bikers don’t have much protection when an accident occurs, especially at high speeds. As a result, severe, catastrophic, and sometimes fatal injuries occur.
Broken bones, lacerations, and road rash are almost always a factor. Some common types of injuries suffered by motorcyclists include:
Head Injuries
Even when wearing a helmet, motorcycle accident victims might suffer head trauma, often resulting in a traumatic brain injury (TBI). Mild TBIs typically heal on their own within a few weeks or months. However, more severe TBIs can cause severe brain damage, long-term effects, and adverse symptoms.
Spinal Cord Injuries
Severe motorcycle accidents can cause damage to the spinal cord tissue, resulting in loss of function or paralysis in the short term or permanently.
Back Injuries
When a biker gets thrown from his bike or pinned between his motorcycle and a vehicle, it can result in back injuries such as fractured vertebrae and herniated discs. Sometimes, surgery can correct these problems; other times, victims must endure chronic pain for life.
Amputations
Sometimes, during motorcycle accidents, bikers get pinned under their bike or a vehicle. This situation can crush arms and legs, potentially leading to amputation and other catastrophic injuries.
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Florida Personal Injury Protection (PIP) Insurance and Motorcycle Accidents
Florida residents who register a car must carry mandatory personal injury protection (PIP) coverage to protect them in the event of an accident. PIP coverage is not compulsory for motorcyclists, but many bikers carry it.
PIP helps pay for medical costs and lost wages when an accident occurs by providing a driver or rider with up to $10,000 in coverage. In Florida, PIP policies cover 80% of necessary medical treatment and 60% of lost wages up to the policy limit.
When severe motorcycle accidents occur, exceeding the policy limit doesn’t take long. Additionally, PIP policies do not compensate victims for non-economic losses. Find out more about these policies with a motorcycle accident lawyer in Fort Myers.
Click To ContactCan You Recover Damages Beyond PIP after a Motorcycle Accident?
Once you have met your PIP policy limits, or if you don’t carry PIP coverage, Florida laws may allow you to take legal action against any liable party.
Motorcycle riders can pursue monetary damages from a negligent party or at-fault driver. However, you must do so within two years of the date of injury, per Fla. Stat. § 95.11.
In the event you settle before trial or the court rules in your favor, you might recover the following types of damages:
- Medical expenses
- Lost wages / Loss of income
- Loss of future earnings
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Scarring and disfigurement
- Loss of consortium with a spouse
- Other non-economic damages
It is important to understand all of the economic and non-economic damages you are entitled to in order to recover full and fair compensation. An experienced motorcycle accident attorney can thoroughly calculate all of your losses to ensure you have the best chance at maximizing your monetary compensation.
Shared Liability in Motorcycle Accidents
In some motorcycle crash claims, liability might not be clear. For example, a motorcyclist might have partially contributed to the accident, even if the vehicle motorist holds most of the blame.
Florida courts apply “comparative negligence” to most personal injury cases. Courts use this notion of shared liability to assess the extent to which a plaintiff might be at fault for the accident that led to their injuries.
If the court finds the plaintiff partially liable, they reduce the damages they award accordingly. So, for example, if you sue for $600,000 in damages, and the court decides you are ten percent at fault, you can only collect 90%, or $540,000.
Our motorcycle accident attorneys in Fort Myers can counter these arguments for you.
What Are Common Causes of Florida Motorcycle Accidents?
The following list briefly overviews common causes of motorcycle accidents in Florida. Often, the reasons for these devastating incidents are:
- Speeding
- Drowsy driving / Fatigued driving
- Texting while driving
- Reckless driving
- Following too closely
- Distracted driving
- Failing to check blind spots
- Drunk driving
- Road rage
- Dangerous road conditions
You can speak to an experienced motorcycle accident lawyer in Fort Myers about the specific causes of your collision.
7 Things You Should Do After a Motorcycle Accident
Our legal team understands defense strategies to avoid paying out large settlements or court awards. We will advocate for you to get the best outcome for your case.
Yet, some actions you take immediately following a motorcycle collision can help increase the chances of receiving maximum compensation for your motorcycle accident injuries. Here are some tips to follow:
Seek Medical Treatment ASAP
If you do not get to the hospital via ambulance ride or refuse medical treatment immediately after the accident, you should still let a doctor check you out.
Part of building a solid case against at-fault parties is demonstrating the accident caused your injuries; medical documentation serves as this proof and as leverage for negotiating a settlement with the insurance company.
Further, some injuries don’t present symptoms immediately, especially internal injuries and some bone fractures. So, letting a physician check you out sooner than later might be the difference between life and death.
Get Contact Information from Others Involved in the Accident
Get names, addresses, email, phone, and insurance info from drivers and occupants in the vehicle which struck your bike if you are physically able. You should also get contact information from eyewitnesses who might have stopped to help.
Keep Records of Economic Losses
Accidents can be expensive, and you need documentation of your loss to provide to the court. Documentation can include:
- Property damage to your bike and belongings
- Medical bills
- Gas receipts and mileage to and from the hospital for follow-up visits
- Any other items you buy for medical care
- Over-the-counter pain medication
- Any out-of-pocket prescription costs
Use Your Cell Phone to Take Pictures at the Scene
Once cleaning crews and tow trucks arrive at the scene of the accident, valuable information might get swept away. If you are physically able, use your phone to take photos or videos of:
- Property damage
- Road hazards
- Road conditions
- License plates
- Any visible injuries
You may not need these pictures, but in the event you must go to court, photographic evidence is often much stronger than handwritten information on a police report.
Don’t Accept an Early Settlement Offer
When insurance companies know their policyholders are at fault, they sometimes try to offer quick and easy settlements. These offers are large enough to make them attractive but are typically much lower than you deserve for losses you’ve incurred.
When you accept an offer, you give up your right to sue for damages. These offers protect insurance companies from paying a higher settlement or substantial damage awarded by the court.
Always consult with a Fort Myers motorcycle accident attorney for advice on any offers you receive. It’s likely your lawyer can negotiate a higher settlement.
Only Speak to Your Attorney About Your Claim
Expect insurance companies to investigate your motorcycle accident claim, which includes adjusters interviewing you about the accident.
Insurance company employees have extensive training about eliciting responses from you to devalue your claim. Unfortunately, they often try to do the same by talking to family members or close friends about your accident.
Of course, you would like to share details with your loved ones, but it’s in your best interest to keep your lips sealed until we settle or litigate your claim so that you or one you love doesn’t say something to devalue your claim.
Keep Your Accident Details Off of Social Media
Insurance investigators will check your social media accounts to look for additional ways to devalue your claim. For example, they might look for pictures that suggest your injuries aren’t as severe as you reported or you are recovering faster than you reported.
Investigators can easily misinterpret anything you post on Facebook, Instagram, and other social media sites. They can use your posts to devalue your claim. You don’t have to delete your social media accounts, but you should curb or eliminate posting until settling your claim.
Start Working With Fort Myers Motorcycle Accident Attorneys Today
A Fort Myers motorcycle crash attorney can take charge of all aspects of your case. Our team at Viles and Beckman has experience dealing with insurance companies, investigating accidents, and helping clients recover damages for their injuries.
Let an experienced attorney handle the details of your case now when you contact us today.
