If you suffered injuries in a motorcycle accident due to someone else’s negligence, contact the Tampa motorcycle accident lawyers from Jurewitz Law Group Injury & Accident Lawyers to determine whether you have a case you can pursue. You might be entitled to compensation for your injury and the expenses you incur while recovering. Motorcycle accident victims often face significant challenges in securing fair compensation and understanding their legal rights.
Motorcycles are convenient and easy to navigate through traffic. Some people ride for fun, while others use their bikes during their daily commute. Motorcycles can be dangerous regardless of the purpose they serve for the rider. Motorcyclists are at a higher risk of debilitating injury and death when accidents occur. Riders don’t have the same protections as car occupants, such as an enclosed compartment or airbag.
Call Jurewitz Law Group Injury & Accident Lawyers for a free consultation at (813) 605-1100 and learn more about how we can help.
Why Should You Hire Us?
At Jurewitz Law Group Injury & Accident Lawyers, we know the challenges you face while healing your injury and trying to hold the negligent party liable. It can be stressful to take on all the responsibility yourself. Hiring experienced Tampa personal injury lawyers immediately after an injury is crucial to navigate the legal complexities and deadlines associated with filing a claim. Insurance companies often play an adversarial role in motorcycle accident claims, offering low settlement amounts and using clients’ statements against them.
With Jurewitz Law Group Injury & Accident Lawyers, you won’t have to go through this overwhelming experience alone. Our Tampa motorcycle accident attorneys have over a decade of experience investigating crashes and obtaining evidence to prove who was at fault. A Tampa motorcycle accident attorney is especially important when dealing with mechanical failures, such as brake failures or tire blowouts, which can lead to accidents. We can take over your case so you can focus on getting your life back on track.
Understanding Motorcycle Accidents in Tampa
Motorcycle accidents can be devastating, and Tampa is no exception. With its busy streets and scenic roads, Tampa is a popular destination for motorcyclists. However, the city’s roads can also be hazardous, especially for motorcyclists who are more vulnerable to accidents. According to the National Highway Traffic Safety Administration (NHTSA), Florida has one of the highest rates of motorcycle fatalities in the country in 2021. In Tampa, motorcycle crashes can occur due to various factors, including negligence, reckless driving, speeding, and failure to yield, often leading to accident claims. If you or a loved one has been involved in a motorcycle accident in Tampa, it’s essential to seek the help of an experienced motorcycle accident lawyer.
Common Causes of Motorcycle Accidents
Motorcycles are barely noticeable to drivers. They’re much smaller than cars and trucks, so they’re hard to see on the road. Human error often plays a part in collisions involving motorcyclists. The most common causes of these motorcycle accidents include:
- Tailgating – When a driver follows a motorcycle too closely, it leaves minimal distance to brake or slow down if necessary. The driver likely won’t have enough time to stop if traffic requires it and could crash into the back of the rider.
- Fatigued driving – Fatigue is a common problem among motorists. Driver fatigue is dangerous and can lead to an accident. Drivers can’t focus as easily, have a slower reaction time, and don’t make good decisions when they feel tired.
- Part defects – Any car part could be defective, causing it to malfunction. Without adequate maintenance and repairs, a driver could lose control of their car and collide with a motorcyclist.
- Driving under the influence – Taking drugs or drinking alcohol before driving is reckless. According to state law, a person is under the influence while driving or in physical control of a vehicle when they have a blood alcohol concentration (BAC) of at least 0.08 percent or when under the influence of a controlled substance, alcoholic beverage, or chemical substance that impairs normal faculties.
- Distracted driving – A driver who takes their eyes, hands, or attention off the task of driving can’t engage in safe driving. They likely won’t notice a nearby motorcyclist and could cause an accident.
- Speeding – Speeding-related crashes can be fatal. When a car collides with a motorcycle at high speed, the rider could die instantly or suffer severe injuries that require emergency medical care.
Identifying the common causes of motorcycle accidents is crucial for filing a successful motorcycle accident claim.
Various contributing factors can result in an accident involving a motorcycle. If someone else is at fault for your injury, you should let Jurewitz Law Group Injury & Accident Lawyers represent you.
Common Types of Motorcycle Accidents
Multiple circumstances can lead to a motorcycle accident. Different types can occur depending on a range of contributing factors. The most common types of motorcycle accidents include:
- Lane splitting – Lane splitting refers to a motorcyclist who rides between two lanes of vehicles traveling in the same direction. A distracted driver could forget to check their blind spots and change lanes, crashing into the side of a rider next to their car.
- Rear-end collisions – Rear-end accidents commonly result from tailgating. Following a motorcyclist too closely can have deadly consequences. When a car collides with the back of a bike, the rider could get ejected or run over.
- Dooring – When someone parks their car, they should look behind them before opening their door. If they don’t, they could open the door in the path of an approaching motorcyclist.
- Head-on collisions – Motorcyclists are at significant risk of death in head-on accidents with cars and trucks. The rider will likely become airborne and suffer life-threatening injuries upon impact with the ground.
- Left-turn accidents – Turning left requires motorists to stop and look for oncoming vehicles. Proceeding without checking for a motorcyclist heading their way could lead to a serious accident.
- T-bone collisions – A T-bone accident can happen if a driver doesn’t yield to a motorcyclist at an intersection. Instead of allowing the biker to proceed, the driver enters the intersection, resulting in a collision.
Understanding the common types of motorcycle accidents can help in building a strong motorcycle accident case. Motorcycle crash victims often face severe consequences and need experienced legal assistance to navigate their cases and obtain compensation.
Do not hesitate to call Jurewitz Law Group Injury & Accident Lawyers to discuss your case with one of our motorcycle accident attorneys in Tampa, FL. We will review all the information available and determine whether we can hold someone else liable for your injury.
Common Injuries in Motorcycle Accidents
You might encounter a driver behaving carelessly at the wheel. Despite the precautions you take while riding your motorcycle, a careless motorist could cause a crash that would leave you with common motorcycle accident injuries, which are often severe and catastrophic. Tampa motorcycle accident victims can claim various types of damages due to the severity of their injuries and the lack of protection compared to larger vehicles.
The most common injuries motorcycle accidents cause are:
- Traumatic brain injury
- Road rash
- Internal bleeding
- Disability
- Broken bones
- Paralysis
- Loss of limb
- Spinal cord injuries
- Significant disfigurement
- Permanent scarring
Some motorcyclists die in an accident or from injuries doctors can’t treat. Statistics by the Insurance Institute for Highway Safety (IIHS) showed that the number of motorcyclist deaths in 2022 increased by 15 percent, having 6,222 fatalities in 2022 alone.
What to Do After a Motorcycle Accident in Tampa, FL
If you’ve been involved in a motorcycle accident in Tampa, FL, it’s essential to take the right steps to protect your rights and ensure you receive the compensation you deserve. Here’s what you should do:
- Seek medical attention immediately: Even if you think your injuries are minor, it’s crucial to get checked by a medical professional. Some injuries may not be immediately apparent.
- Contact the police and report the accident: A police report can be a vital piece of evidence in your motorcycle accident claim.
- Gather information from the other parties involved: Collect their contact and insurance information to facilitate the claims process.
- Take photographs of the accident scene: Document any damage to your vehicle, the other vehicles involved, and the surrounding area.
- Avoid discussing the accident with anyone except the police and your attorney: Statements made to others can be used against you in your claim.
- Keep a record of any medical treatment you receive and expenses related to the accident: Detailed records will support your claim for compensation.
It’s also crucial to work with an experienced motorcycle accident lawyer who can help you navigate the complex process of filing a claim and ensure you receive the compensation you deserve.
Proving Liability in a Motorcycle Crash
Proving liability in a motorcycle crash is important in securing compensation for your injuries and damages. To establish liability, you must demonstrate that the other party’s negligence or reckless behavior caused the accident. This can be achieved by gathering evidence, such as:
- Witness statements: Eyewitnesses can provide valuable accounts of the accident, helping to establish what happened and who was at fault.
- Police reports: Official police reports often contain critical details and assessments from law enforcement officers who responded to the scene.
- Photographs of the accident scene: Visual evidence of the crash site, vehicle positions, and any visible damages can be compelling in proving liability.
- Video footage: Surveillance cameras or dashcams may capture the accident, providing clear evidence of the events leading up to the crash.
- Expert testimony: Accident reconstruction experts can analyze the evidence and provide professional opinions on how the accident occurred and who was responsible.
It’s essential to work with an experienced motorcycle accident lawyer who can help you gather and analyze evidence to build a strong case. They will also help you navigate the complex process of proving liability and ensure that you receive the compensation you deserve.
Motorcycle Helmet Requirements in Florida
In Florida, motorcycle riders are required to wear a helmet that meets the standards set by the U.S. Department of Transportation (DOT). The helmet must have a label indicating that it meets these standards. Additionally, riders must also wear eye protection, such as goggles or a face shield.
However, if you are at least 21 years old, you can ride without a helmet if you carry an insurance policy that provides at least $10,000 in medical benefits. It’s essential to note that even if you are not required to wear a helmet, it’s still crucial to wear one to protect yourself from serious head injuries in the event of an accident.
Compensation for Motorcycle Accident Injuries
Florida follows a traditional no-fault system. That means injured accident victims must file a claim with their auto insurer first. Motorcycle accident lawyers in Tampa can assist clients with obtaining financial compensation after a crash.
Pursuing compensation from the at-fault driver’s insurance company is only allowed if your injury meets the serious injury threshold. That means the injury consists in whole or part of:
- A permanent injury, excluding scarring or disfigurement
- Permanent and significant scarring or disfigurement
- Permanent and significant loss of a vital bodily function
- Death
Insurance Limits
Every driver must purchase personal injury protection (PIP) with a minimum limit of $10,000. PIP will pay for 80 percent of all reasonable and necessary medical treatment up to the policy limit. It also covers up to 60 percent of lost wages for a disability. However, this type of insurance doesn’t compensate for physical or emotional pain, property damage, and other expenses.
A $10,000 limit also isn’t high enough to cover most costs people incur after motorcycle accidents. If your injury meets the serious injury threshold, you could file a liability claim with the at-fault driver’s insurance carrier.
Claimable Damages
The settlement you receive might compensate you for various accident-related losses, such as:
- Loss of enjoyment of life
- Medical bills
- Pain and suffering
- Lost wages
- Lost earning capacity
- Emotional distress
- Out-of-pocket expenses
- Property damage
Motorcycle accident claims often involve proving the negligence of the at-fault party, which can be challenging. The burden of proof lies with the claimant to demonstrate that negligence occurred.
You could file a lawsuit against the negligent party and pursue punitive damages. You can only recover this type of compensation if you show clear and convincing evidence of the defendant’s gross negligence or intentional misconduct.
Wrongful Death Claims
You might be able to pursue a wrongful death case if your loved one died in a motorcycle accident due to someone’s negligent actions. The compensation you receive could cover losses, such as:
- Medical and funeral expenses paid by a surviving family member or deceased’s estate
- Loss of services and support the deceased can no longer provide
- Lost companionship and protection
- The value of wages and benefits the deceased would have earned and left in the estate if they were still alive
- Mental pain and suffering
- Lost income and benefits from the date of the injury to the date the accident victim died
- Loss of companionship, guidance, and instruction the children received from the deceased
Statute of Limitations for a Motorcycle Accident
You can sue the at-fault party but must adhere to a specific deadline. Florida’s statute of limitations outlines a four-year time period for motorcycle accident cases. That means you must file your lawsuit within four years of the date of the crash. Once the statutory deadline expires, you could lose your right to seek compensation for your injury. It is crucial to have a motorcycle accident attorney to navigate these legal deadlines and complexities.
You might be able to toll the statute of limitations and give yourself more time to file suit. Tolling the four-year statutory time period requires one of these circumstances to apply:
- Minority – You have four years from the date you turn 18 to initiate your lawsuit if you are a minor at the time of the accident.
- Unsound mind – If you are of unsound mind when you sustain an injury, you will have four years from the date you gain mental competency to pursue your lawsuit.
- Out of state – If the defendant leaves Florida temporarily before you file suit, their absence won’t count towards the four-year period. Additionally, the clock won’t begin to run until they return.
The motorcycle accident attorneys in Tampa from Jurewitz Law Group Injury & Accident Lawyers know how to handle the confusing process. We can review the circumstances of your case and determine whether you’re eligible to toll the statute of limitations.
Choosing the Right Tampa Motorcycle Accident Lawyer
Choosing the right Tampa motorcycle accident lawyer can make a significant difference in the outcome of your case. Here are some factors to consider when selecting a lawyer:
- Experience: Look for a lawyer with extensive experience in handling motorcycle accident cases. Their familiarity with the nuances of these cases can be invaluable.
- Reputation: Check online reviews and ask for referrals from friends or family members who have worked with the lawyer. A strong reputation often indicates reliability and success.
- Communication: Choose a lawyer who is responsive and communicative, and who will keep you informed throughout the process. Clear communication is key to a successful attorney-client relationship.
- Expertise: Ensure the lawyer has expertise in personal injury law and motorcycle accident cases. Specialized knowledge can significantly impact the effectiveness of your representation.
- Fees: Look for a lawyer who works on a contingency fee basis, which means you only pay if you win your case. This can make legal representation more accessible and motivate your lawyer to achieve the best possible outcome.
By considering these factors, you can find a qualified and experienced Tampa motorcycle accident lawyer who will fight for your rights and help you receive the compensation you deserve.
Contact Us
At Jurewitz Law Group Injury & Accident Lawyers, we have represented accident victims and their families since 2007. When an injury disrupts your life, you can count on us to be there for you. Our firm will remain by your side during each complicated step and provide the support you need.
If you sustained an injury in a motorcycle accident someone else caused, it is important to contact a Tampa motorcycle accident lawyer. Call us at (813) 605-1100 for a free consultation. Let us fight for the justice and compensation you deserve.
