Whether you ride a motorcycle for pleasure or simply to get to and from work, you know there is no better place to do it than Florida. Every trip is an opportunity to enjoy the tropical beauty of our state, but each comes with the risk of a motorcycle accident.
When someone else’s recklessness or negligence causes a crash, you should talk with a motorcycle accident lawyer. Our motorcycle accident attorneys at Ginnis, Krathen, & Zelnick, P.A., can guide you through a complicated process to get the compensation you deserve.
As an accident victim, the guardian, or the loved one of a rider, you need expert assistance to ensure a fair outcome. That means compensation for medical care, lost income, pain and suffering, and more. Without the help of a motorcycle injury lawyer, you might accept an unfair settlement and end up in financial distress.
Feeling overwhelmed and unsure about your rights following a motorcycle accident is common, but we can help.
When Can I Take Legal Action As a Victim in a Motorcycle Accident?
If you are not a motorcycle accident attorney, knowing if you’re entitled to compensation after an accident is difficult. What you’ll learn from our team is that you can take legal action if the other party’s actions caused you harm.
Those actions include:
- Speeding
- Failing to yield
- Driving while distracted or intoxicated
- Driving recklessly
- Failing to obey the rules of the road
- And others.
Failing to yield is especially prevalent. More than 30% of crashes occur when a driver turns into a motorcycle’s path.
Whatever the cause, successful litigation hinges on proving the other motorist didn’t meet their “duty of care” in operating their vehicle.
It’s crucial to note that you may also be entitled to compensation due to the actions of non-drivers. For example, you can sue a product manufacturer, the party responsible for a poor road design, etc., if their actions caused you harm.
How Long Does a Motorcycle Accident Lawsuit Take, and What is Involved?
Each motorcycle accident lawsuit is unique and follows its own timeline. Some settle within a few months, while others take a year or more to resolve. You can minimize the timeline by contacting a motorcycle injury lawyer immediately after the incident.
Filing a lawsuit or seeking a motorcycle accident settlement can be intimidating. That’s why you want to work with the best motorcycle lawyers—skilled personal injury attorneys who understand the nuances of these cases.
Our experts can explain the process of your motorcycle accident case and ensure it progresses as smoothly and stress-free as possible. Important considerations include:
- Factors affecting settlements. Some of these are the extent of the damage, the severity of injuries, and how clear it is the other driver was at fault. Sometimes the responsibility for an accident is shared between you and the other driver. Their insurance policy limits are also a factor.
- Documentation. You should make notes about the events surrounding the crash, save medical bills and paperwork, etc.
- Medical care. It’s vital to attend all doctor appointments and follow your physician’s instructions.
- Florida helmet laws. Florida law requires motorcycle operators to wear a helmet that complies with Federal Motorcycle Vehicle Safety Standards. There is an exception for those 21 and older with $10,000 in insurance benefits for injuries.
Motorcycle Accident Settlements in Florida
Every state has laws and regulations regarding motorcycle accidents. That’s why you should not make assumptions about your case based on stories you have heard about incidents elsewhere.
When you have a lawyer for your motorcycle accident in Florida, they can ensure you understand our state’s current laws. Florida used to be a pure comparative fault state, which meant that a plaintiff could recover damages even if they were found to be 99% at fault. However, this changed on March 24, 2023, when Florida enacted a modified comparative negligence system. Under the modified system, a plaintiff can only recover damages if their own share of responsibility is 50 percent or less.
It’s also essential to understand that motorcycle riders are not covered by PIP (the state’s no-fault auto insurance). For that reason, riders aren’t bound by PIP restrictions.
One of our motorcycle accident lawyers will also explain that your compensation is based on “damages” that can include:
- Past, present, and future medical expenses related to the accident (hospital and doctor bills, medication, rehabilitation, etc.)
- Lost wages for time off due to your injuries
- Mental and emotional trauma (including anxiety, depression, fear, and grief)
- Loss of consortium (damage to your relationships with your spouse, partner, or other family members)
In cases where the at-fault party was willfully negligent or acted maliciously, a court may award you what are called punitive damages.
You should also be aware of Florida’s statute of limitations regarding motorcycle accidents. You have two years from the date of an accident to file a personal injury claim. If your loved one died in an accident, you also have two years to file a wrongful death claim.
Florida is in the top five states for motorcycle accidents per year, so knowing how to get help and protect your rights is critical.
Our Motorcycle Accident Attorneys Are Here for You
If you are injured in a motorcycle accident, it can be physically, emotionally, and financially painful. The best path forward after an accident is working with a law firm that will be your advisor and advocate.
Ginnis, Krathen, & Zelnick lawyers in Fort Lauderdale are experts who stay informed about the latest changes in motorcycle accident laws and regulations. We’ll protect your rights and help you get full compensation.Contact us today to learn more in a free consultation.