Motorcycle accidents are extremely dangerous, often leaving riders with severe, potentially life-changing injuries. Sadly, some riders do not survive these crashes and their families are left wondering how to move forward without their loved ones.
Victims of these crashes may be able to recover compensation through an insurance claim or a personal injury lawsuit if the case warrants it. However, obtaining compensation for injuries from a motorcycle accident is a complicated process with many variables. You need an experienced Davie motorcycle accident lawyer to have the best chance of obtaining all the compensation you deserve.
Gordon & Doner's Davie personal injury attorneys have helped many clients through the insurance claims process. We know what to expect and how to defend your rights every step of the way. The manager of our Broward County office, Gary M. Paige, has recovered more than a dozen multimillion dollar verdicts for victims of negligence. He is also a member of the Florida Justice Association. All of our clients are entitled to a free legal consultation and we do not charge legal fees unless your claim has a favorable resolution.
Types of Motorcycle Accident Cases We Handle
Motorcycle crashes are often caused by the reckless actions of other drivers, including:
- Driving under the influence of drugs or alcohol
- Not watching for motorcycles when making left turns
- Failing to watch for motorcycles when changing lanes
- Failing to yield the right of way
- Distracted driving
- Switching lanes in front of a motorcycle
- Following a motorcycle too closely
- Pulling into traffic in front of a motorcycle
- Failing to stop at a stop sign
- Running a red light
- Rear-ending a motorcycle
While many motorcycle crashes are caused by other drivers, some are caused by poor road conditions, including potholes, hairpin turns, cracks in the road and other obstacles. Traditional passenger vehicles often have little trouble navigating these conditions. However, these hazards can easily cause motorcyclists to lose control and crash.
In these situations, our Davie motorcycle accident lawyers may be able to pursue compensation from city or government entities responsible for maintaining the roadway where the accident occurred.
Gordon & Doner has recovered millions in compensation for victims of motor vehicle accidents, including $1,075,000 for the family of a man killed in a motorcycle crash. Contact us today to learn more about how we can help you.
Injuries from Motorcycle Crashes
All motor vehicle accidents are dangerous, but motorcycle crashes are particularly dangerous because there is nothing to protect riders. Motorcyclists do not have the luxury of seatbelts, airbags or roll cages.
Another problem with motorcycle crashes is that riders can easily be thrown from their bikes or dragged along the pavement.
These factors increase the likelihood of severe injuries, including:
- Brain damage
- Spinal cord injuries
- Lost limbs
- Neck injuries
- Road rash
- Injuries to the face
- Severe bruises
- Muscle tears
- Nerve damage
The financial toll from these injuries can be severe, but the emotional toll can be just as bad. That is why victims need to contact a Davie motorcycle accident lawyer to find out their legal options. Victims are often entitled to various forms of compensation for financial, physical and emotional damages.
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Steps to Take After a Motorcycle Accident
The primary concern after any type of traffic accident is the health of the victims. This is particularly true after a motorcycle accident because there is a much higher risk of severe injury.
However, it is also important to collect evidence from the scene of the accident. If you wait too long to gather evidence it can easily get lost, making it much more difficult to obtain compensation from the insurance company or a personal injury lawsuit.
That is why motorcycle crash victims should contact a Davie motorcycle accident lawyer as soon as possible. An experienced attorney can quickly begin an investigation, allowing you to focus on your treatment.
The Davie motorcycle accident lawyers at Gordon & Doner have the resources to conduct an extensive investigation, which may include:
- Collecting police reports from the Davie Police Department
- Interviewing eyewitnesses to the crash
- Reviewing medical records of your injuries and recommended treatments
- Consulting accident reconstruction experts
- Using technology to reconstruct the accident
- Investigating the record of the other driver for past traffic infractions
Call our Davie motorcycle accident lawyers today at 1 (855) 722-2552.
Required Insurance Coverage for Motorcycles in Florida
Our state does not require motorcyclists to carry insurance. However, riders who do not have proof of financial responsibility could have their driving privileges and registrations suspended, according to Title XXIII Chapter 324 of Florida Statutes.
Financial responsibility can include:
- Liability insurance – The minimum requirements for private passenger vehicles are $10,000 for one person for bodily injury liability, $10,000 per crash for property damage, and $20,000 for two or more people for bodily injury liability.
- Financial Responsibility Certificate from the Bureau of Financial Responsibility – In order to obtain this certificate, you must post a surety bond with a company licensed in Florida and deposit money or securities with the Department of Highway Safety and Motor Vehicles.
- Self-Insurance Certificate from the Bureau of Financial Responsibility – You have to provide evidence that you possess a net encumbered capital to obtain this certificate.
Obtaining Insurance Compensation After Motorcycle Crashes
Florida's no-fault system for Davie car insurance claims does not apply to motorcyclists. This means riders are not required to purchase personal injury protection to provide compensation after an accident.
You may be able to find some insurance companies that offer this type of coverage for motorcyclists. However, if you do not have this type of coverage, there are other ways to obtain insurance compensation.
If the other driver has bodily injury liability coverage, you can file a claim to recover compensation for medical expenses caused by your injuries.
However, many drivers do not have this type of coverage because Florida does not require it. If you are in that situation, you may be able to obtain compensation from your uninsured motorist coverage. This type of insurance would provide compensation for medical expenses, pain and suffering, and lost wages.
If you did not own the bike at the time of the crash, you can obtain compensation from just about any uninsured motorist policy.
Stacking uninsured motorist coverage on a car you own would provide compensation for injuries you suffered on a motorcycle you own.
There are rare exceptions where you could obtain compensation from a non-stacked uninsured motorist policy. For instance, you may be able to recover compensation from one of these policies if the motorcycle you own is a temporary substitute vehicle or a newly acquired vehicle.
Unlike car accidents, you do not need to show a permanent injury to obtain compensation for pain and suffering after a motorcycle crash.
Our Davie motorcycle accident lawyers can handle negotiations with your insurance company or the insurer of the at-fault driver. Our personal injury attorneys have many years of combined experience negotiating fair compensation from insurance companies.
If we are unable to obtain fair compensation from your insurance company, we may be able to pursue a Davie personal injury lawsuit.
How to Establish Negligence
If you file a motorcycle accident lawsuit, your attorney will have to establish four things to prove negligence occurred:
- There was a duty of care – A duty of care is a legal obligation to act in a reasonable manner toward the plaintiff in the case. This means different things depending on the situation. For example, drivers are obligated to not drive recklessly and follow other rules of the road. Government entities are responsible for maintaining public roads so they are not unreasonably dangerous for motorcycle riders and other people on the roads.
- The duty of care was breached – This means the defendant failed to exercise reasonable care. The jury will have to decide what reasonable care meant in your particular situation.
- The breach the of duty of care was the primary cause of your injuries – Your Davie motorcycle accident lawyer must show that your injuries were primarily caused by the breach of duty of care and not something else. The defense may argue that your injuries were caused by your actions or something that was out of their control.
- Your injuries resulted in damages – This could include medical bills, lost wages, and pain and suffering.
Contact the Davie motorcycle accident lawyers at Gordon & Doner today. Call 1 (855) 722-2552.
Florida's Comparative Fault Rules
If you are awarded compensation in a motorcycle accident lawsuit, the amount will be limited by your percentage of fault for the accident.
Under Florida's pure comparative negligence standard (Title XLV Chapter 768), this means that if you are 30 percent responsible for the accident, you will only receive 70 percent of the compensation award.
The rule takes into account the idea that fault in a motor vehicle accident is not always black and white. Both parties may share some level of fault for what happened.
Insurance companies may also apply the comparative negligence standard during the claims process. That is why you need representation from a knowledgeable Davie motorcycle accident lawyer during the insurance claims process as well as your personal injury lawsuit, if one is filed.
Contact a Davie Motorcycle Accident Lawyer Now
You need aggressive legal representation after a motorcycle accident to defend your rights and help you obtain the compensation you need to move forward with your life.
The Davie motorcycle accident lawyers at Gordon & Doner have the experience and legal knowledge to fight for your best interests with the insurance company and in a personal injury lawsuit.
If you suffered injuries in a motorcycle accident, contact us right away. The longer you wait, the harder it could become to obtain compensation.
There is also a four-year statute of limitations for personal injury claims in Florida. This means you have to file a lawsuit within four years of the date of the accident. If you do not file a lawsuit before this deadline, the statute of limitations prohibits you from filing a claim.