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Tampa Office: (813) 231-0138
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How to File a Motorcycle Accident Claim: Everything You Need to Know
If you are seeking compensation for a motorcycle accident, this guide can help. Here is everything to know about how to file a motorcycle accident claim.
According to the Florida Department of Highway Safety and Motor Vehicles, there were more than 8,600 motorcycle crashes in Florida in 2021. These resulted in thousands of injuries, including almost 2,000 incapacitating injuries and 584 fatalities.
The reality is that while riding a motorcycle is a convenient and even exhilarating way to travel, it also poses unique dangers. If you or someone you love has been involved in a motorcycle accident, you may be entitled to justice and compensation.
This blog post will highlight how you can file a motorcycle accident claim and everything you need to know about this process.
This includes the common causes of motorcycle accidents, the steps you should take after an accident, the statute of limitations, comparative negligence, proving negligence, and more. Let's get started.
Common Causes of Motorcycle Accidents
To start, it's beneficial to understand some of the common causes of motorcycle accidents.
For example, a common cause of serious motorcycle accidents is cars making left-hand turns. According to the National Highway Traffic Safety Administration, this is a leading cause of motorcycle accidents in the United States.
Common reasons for left-turn accidents include speeding, driver distraction, and low visibility. Given that the left-turn right-of-way laws are clear, a car driver who collides with a motorcycle is almost certainly at fault (though motorcyclists may also share some of the fault).
Head-on collisions are a serious yet common type of motorcycle accident. Given that cars typically weigh around four times as much as motorcycles (and there is a lack of safety features of motorcycles), head-on collisions are a severe kind of accident for riders.
Common causes of head-on collisions include distracted driving, drinking under the influence of alcohol or drugs, speeding, poor road conditions, and driver inexperience.
Steps to Take After a Motorcycle Accident
The aftermath could be a complex and confusing time if you sustained a motorcycle accident injury. The steps you take after the accident can play a significant role in the success of your motorcycle accident case and your recovery from any injuries.
Get to Safety
In the immediate aftermath of an accident, your first thought should be to get to a safe place (i.e., to the side of the road away from oncoming traffic) and check for any injuries.
If you were riding with a passenger, you should also take the time to check that they are safe or if they have sustained any injuries. Again, if you are in a position to, check to see if the other motorist is okay or if they require medical attention.
It may be necessary to call for an ambulance if you or anyone else has sustained an injury due to the accident.
Contact the Police
The police must arrive on the scene after a road traffic accident. This is a crucial step if you believe the other party was at fault, as the police report will play an essential role in determining fault.
If an ambulance arrives at the scene, the police will likely be aware of the accident. However, to be safe, it is recommended that you contact them to ensure their arrival.
Obtain Evidence From the Scene
As much as you are able (depending on the extent of any injuries), obtaining evidence from the scene of the accident is beneficial.
For example, taking photos and videos of the crash site, any nearby road traffic signs, damage to the motorcycle, and any injuries sustained are beneficial.
If there were any witnesses, it is recommended that you get their names and contact information.
Get Medical Attention
Depending on the extent of your injuries, you may be brought directly to a hospital for medical treatment. Even if you feel fine, it is still recommended that you seek medical attention, especially given that some injuries (such as whiplash) may not be readily noticeable.
It is vital to keep track of all medical bills and related expenses throughout your medical treatment.
Speak to a Motorcycle Accident Lawyer
When it comes to filing a motorcycle accident claim, you must speak to a motorcycle accident lawyer. A legal claim following a motorcycle accident can be complex and lengthy, so you should always have an experienced legal partner in your corner.
A motorcycle accident attorney will work on every aspect of your case, including obtaining the evidence necessary to prove liability. They will also help to get evidence of damage and organize a satisfactory settlement.
What Is the Statute of Limitations?
Every state in the U.S. imposes different deadlines when it comes to filing a lawsuit, known as the statute of limitations. You must be aware of these to avoid jeopardizing your motorcycle accident case.
Here in Florida, the statute of limitations depends on whether a road traffic accident victim sustained injuries or was killed.
In the case of injuries, to be eligible for compensation, it is necessary to file a lawsuit within four years of the date of the accident. This goes for motorcycle riders and drivers, passengers, pedestrians, and bicyclists.
In the case of a fatality, the person's family members have two years to bring a wrongful case against the at-fault party. Depending on the specifics of the case, the two years may start on the accident death of the date of their death.
The bottom line is the sooner you speak to a motorcycle accident attorney about your options, the better.
Understanding Comparative Negligence
Florida is what's known as a pure comparative negligence state. This means that in the event of an accident, multiple parties can share fault.
A court may find that a claimant is partially responsible for the accident, reducing their compensation by a particular percentage.
For example, if a court deems that a claimant is 20% at fault for an accident in a case worth $100,000, they will receive $80,000 after deducting their own at-fault percentage.
What You Need to Prove
In most motorcycle accident cases, liability is governed by the concept of negligence. Effectively, a person is negligent when they act carelessly or thoughtlessly, causing injury to another party.
A motorist must use reasonable care to avoid injuring other motorists and anyone else on the road (such as pedestrians and passengers). If they act without reasonable care, they can be found liable for any injuries sustained and damage caused in an accident.
Proving negligence is, therefore, a crucial aspect of a motorcycle accident case. That's why hiring an experienced motorcycle accident attorney to help you in this process is so important.
Proving Negligence After an Accident
There are several things that an injured person must show to provide proof of negligence.
For one, it must be shown that the at-fault driver was not careful enough under the circumstances. Here, the driver's conduct is compared to what a reasonable person would (or wouldn't) have done.
It is also necessary to prove that the other driver's conduct claimed the claimant's injuries. In a scenario where the motorcycle did not experience any injuries or cannot provide any damage, they cannot recover anything. This is true even in the case that the driver acted carelessly.
Strengthening Your Case Against the Other Driver
As alluded to above, there are several steps of time you can take to strengthen your case. These include:
- Get a copy of the police report
- Take photographs and videos of the accident scene and anything else that is relevant
- Get statements from any witnesses who saw the accident
- Keep copies of all records and bills related to the accident
Partnering with an experienced motorcycle accident attorney will help you prepare the best case against the at-fault party.
What Kind of Damages Can You Include?
The compensation you can seek to recover following a motorcycle accident depends on the nature of the injuries and damages. These can include:
- Medical expenses
- Loss of past and future income
- Pain and suffering
- Property damage
- Physical impairment or disfigurement
- Costs of household services you are unable to perform yourself
These damages are divided into two types: economic and non-economic.
How to File a Motorcycle Accident Claim
The bottom line is that when you wish to file a motorcycle accident claim, the best option is to speak with a professional motorcycle accident attorney. They will help to ensure that your claim is correctly filed and you stand the best chance at winning your case.
Here in Tampa Bay and Miami, FL, your premier choice is Pablo G. Martinez Law Firm. Contact our team today to book a consultation.
The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
