Representing Motorcycle Injury Victims Throughout Florida
Spivey Law Firm, Personal Injury Attorneys, P.A., helps numerous victims each year who suffer injury or death in motorcycle accidents due to the negligent acts of another. Our Fort Myers motorcycle accident attorney team has a long history of representing the victims of motorcycle accidents across the Fort Myers, Naples, Cape Coral, and Port Charlotte area and throughout the state of Florida. We pride ourselves on providing legal representation to motorcycle injury victims and their surviving family members.
When Can You Recover Financial Compensation with the Help of a Fort Myers Motorcycle Accident Attorney?
When you are riding your motorcycle, things can go wrong in an instant. Drivers frequently make mistakes that put motorcycle riders in harm’s way, and manufacturing defects and other issues play a role in many motorcycle accidents as well.
Common Causes of Motorcycle Accidents
Regardless of what happened, if you have been injured in a motorcycle accident in Fort Myers, you should speak with a motorcycle crash attorney about your legal rights. At Spivey Law Firm, Personal Injury Attorneys, P.A., we help riders and their families recover just compensation for accidents involving:
- Dangerous Turns – Turning in front of an approaching motorcycle can be extremely dangerous, and it is usually the result of driver carelessness or neglect.
- Unsafe Merging or Lane-Changing – Drivers’ failure to check blind spots before merging or changing lanes is a common cause of motorcycle accidents.
- Running Red Lights and Stop Signs – When drivers run red lights and stop signs, they put motorcyclists and others at risk for severe or fatal injuries.
- Following Too Closely – Drivers who follow motorcycles too closely can be held liable when they cause rear-end collisions.
- Distracted or Impaired Driving – Distracted driving, drunk driving, drug-impaired driving, and fatigued driving are common driver-related causes of motorcycle accidents.
- Motorcycle and Vehicle Defects – From transmissions to tires, virtually all motorcycle and vehicle components have the potential to be defective, and defects can potentially lead to serious accidents.
- Helmet and Other Riding Gear Defects – In addition to motorcycle and vehicle defects, issues with riders’ helmets, boots, gloves, and other riding gear can cause accident-related injuries as well.
- Road Defects – Potholes, low shoulders, gravel, construction debris, and other road-related issues can also cause and contribute to motorcycle accidents in Fort Myers and throughout Florida.
Common Injuries in Motorcycle Accidents
Depending on the circumstances involved, motorcycle accidents can leave riders suffering from a broad range of injuries. Unfortunately, even wearing full riding gear won’t always be enough to fully protect you when you go down. The types of injuries for which injured riders and their families can seek compensation in Florida include:
- Traumatic brain injuries (including concussions)
- Spinal cord injuries
- Bone fractures
- Organ damage
- Road rash
- Burns
- Soft tissue damage
- Facial injuries
- Loss of digits or limbs
- Fatal injuries
Danger on the Roads: Motorcyclists at Risk of Injury and Death
All too often, we see the catastrophic results of motorcycle accidents through the injury victims we represent. Most motorcycle crashes are not the fault of the operator. What’s worse is that most of these types of incidents can be avoided if other drivers use more caution while on the road.
The majority of motorcycle accidents that result in injury or death involve another vehicle. Since other cars, trucks, and semis are much larger and offer more protection to their occupants than motorcycles, motorcyclists are at a distinct disadvantage. In many cases, if the driver of the other vehicle involved in the accident had simply looked twice before pulling out onto the road or exercised more caution, the incident would not have occurred.
Careless drivers often forget two very important rules of the road: "Look twice and save a life," and "watch out - motorcycles are everywhere." When drivers of other vehicles fail to exercise due care, serious injuries and fatalities to motorcycle riders are more likely to occur.
As an experienced Fort Myers motorcycle accident lawyer team, we leverage the special laws and protections that apply to motorcycle accident cases in Florida to help victims obtain compensation. These laws enable injured parties to recover damages, including:
- Pain and suffering
- Loss of enjoyment of life
- Long and short-term medical care expenses
- Lost wages
Wrongful Death Claims for Motorcycle Accidents
Sadly, each year, many innocent motorcyclists are killed by careless drivers. This includes accidents caused by operators of motor vehicles who turn left into the path of an approaching motorcycle. In almost all of these situations, the accident could have been prevented if the driver of the motor vehicle had just waited for the motorcycle to pass or looked twice to ensure there was no oncoming traffic before they turned. The family members of a motorcyclist who is killed in an accident have all rights under Florida law to pursue claims against the driver who caused the accident.
Risk Factors for Florida Motorcycle Crashes
Experts say that the most dangerous situation for motorcyclists happens when other vehicles make left-hand turns. These turns account for approximately 42 percent of all motorcycle/car accidents.
“Vehicle accidents involving the collision of a left-turning car and an approaching motorcycle can be very severe, often because the motorcycle t-bones the car while it is mid-way through the left turn,” says DrivingTests.org.
A motorcyclist never suffers a “fender-bender” when he or she is in an accident with another vehicle. Injuries from the accident can be devastating and cause head trauma, paralysis, amputation, broken bones, or even death.
According to DriversEducationUSA.com and the National Highway Traffic Safety Administration, drivers should know a few facts about motorcycles and sharing the road with them to avoid left-hand turn accidents.
- Riding a motorcycle requires exceptional handling ability; therefore, it is harder to maneuver a motorcycle quickly during a sudden traffic situation or a collision.
- Riding a motorcycle on a highway or freeway can be much riskier during bad weather or bad road conditions.
- Motorcycles are harder to notice on the roadway.
- When making a left turn in an intersection, motorists should watch out for a looming motorcycle and not assume that they can turn left in front of a motorcyclist in a timely manner without having a collision. It is usually hard to gauge a motorcycle's speed; motorists should be patient and play it safe. Ensure there is enough time and space for the motorcyclist to clear the roadway before initiating a left turn.
Being distracted while driving and making left-hand turns will often lead to accidents. According to the National Safety Council, driver cell phone use leads to 1.6 million crashes each year, and one out of every four traffic crashes in the United States are caused by cell phone usage. Other distractions also lead to accidents with motorcycles. These distractions may be turning to a different radio station, adjusting the air conditioning, putting on make-up, eating and/or drinking, carrying on conversations, or handling children.
“Florida has more motorcycles on its roads than most other states, and drivers need to constantly expect to encounter a motorcycle sharing the road. Motorcyclists have the same rights as other vehicles on our roadways. Whether taking left-hand turns or making any other driving maneuver, drivers must always look twice before moving,” said attorney Andrew Abel of Spivey Law Firm, Personal Injury Attorneys, P.A. “We are available to assist you should you or a loved one be injured in an accident.”
5 Possible Claims After a Motorcycle Accident in Southwest Florida
When you need to seek financial compensation after a motorcycle accident in Southwest Florida, asserting your legal rights starts with identifying the party (or parties) that are responsible for your losses. This requires a thorough investigation—and you should hire a Fort Myers motorcycle accident attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. to investigate as soon as possible.
Depending on what your attorney uncovers, you could have a claim against one (or more) of the following parties:
1. The Driver Who Hit You
Many motorcycle accident cases involve claims for driver negligence. If the driver who hit you was speeding, using their phone, driving under the influence, or otherwise in violation of Florida’s traffic laws, the driver could be fully liable for the costs of the accident. In this scenario, seeking just compensation will typically involve dealing with the at-fault driver’s insurance company.
2. The Driver’s Employer or Rideshare Company
If the driver who hit you was working at the time of the accident, you could have a claim against the driver’s employer or rideshare company. Employers are generally liable for their employees’ negligence on the job, while Uber and Lyft carry insurance coverage that applies when their drivers do not have sufficient coverage available.
3. A Vehicle, Component or Riding Gear Manufacturer
If your motorcycle accident was the result of a vehicle defect, you may be entitled to financial compensation from the manufacturer that is to blame. Motorcycle manufacturers, automakers, and individual component manufacturers (i.e., tire and brake manufacturers) can all be held liable in appropriate cases. If your riding gear failed to protect you, you could have a claim against the manufacturer as well.
4. The Road Construction Contractor
In some cases, injured motorcycle riders can also file claims against contractors and road construction companies based on issues with the safety of the road during construction. If you have been injured in a wreck that was caused by a poorly managed work zone, then you may have a highway construction crash claim. If road contractors fail to perform their duties to maintain their work areas in a reasonably safe condition for public travel, their failure could be actionable as negligence in Florida. It is important that you act promptly to protect your rights following a crash related to a construction zone so that Spivey Law Firm can help and start building your case while evidence is fresh.
5. Wrongful Death Claims After a Fatal Motorcycle Accident
Tragically, some motorcycle crashes cause fatal injuries. When a loved one dies because of another person’s negligence, the surviving family members may have the right to bring a wrongful death claim under Florida law. Wrongful death claims are legally and emotionally challenging for families. Spivey Law Firm is here to help support you through this devastating time by fighting the insurance companies who work to protect their own financial interests. It is important to contact us early to work to preserve evidence, identify all available insurance coverage, and protect your family’s rights.
Our Fort Myers Accident Attorney Outlines Your Possible Compensation
The family members of a motorcyclist who suffers fatal injuries in an accident can recover a large variety of monetary damages in the state of Florida. These monetary damages include mental pain and suffering, loss of support and services, loss of companionship and guidance, emotional pain and suffering, medical and funeral expenses, lost wages, and loss of prospective net accumulations of the estate. It is important to note that there are no caps or limits on the monetary damages that can be recovered. In other words, there is no cap or limit on the monetary amount that surviving family members can claim or recover from a jury. Motorcycles have special protections under Florida law. It is important to contact an experienced Fort Myers personal injury attorney to be guided on all of the available damages recoverable.
When you contact a Fort Myers motorcycle accident attorney at Spivey Law Firm, your attorney will walk you through everything you need to know about seeking the financial compensation you deserve. This includes walking you through both (i) the types of financial compensation you are entitled to recover and (ii) the amount of financial compensation your attorney believes he or she can recover on your behalf. While every case is unique, the types of compensation that are generally available from negligent parties and their insurance companies in motorcycle accident cases include:
- Property Damage – This includes the cost of repairing or replacing your motorcycle as well as the cost of replacing your damaged helmet and other riding gear.
- Medical Expenses and Related Costs – This includes all of the costs of diagnosing and treating your accident-related injuries, as well as your out-of-pocket costs for prescriptions and medical supplies.
- Other Out-of-Pocket Costs – This includes any other out-of-pocket costs you incur as a result of your accident, such as paying for transportation or hiring someone to mow your lawn or clean your home while you recover.
- Lost Earnings and Future Earning Capacity – This includes your loss of income and benefits for as long as you are unable to work—whether this is weeks, months, years, or the rest of your life.
- Lost Companionship, Consortium, and Capacity to Enjoy Life – This includes your inability to enjoy spending time with friends and family, your inability to spend intimate time with your spouse or partner, and your general inability to enjoy day-to-day life.
- Emotional Distress and Post-Traumatic Stress – This includes the emotional impacts of your accident and the struggles of coping with your accident-related injuries—above and beyond the cost of any psychological or psychiatric therapy you may need.
- Physical Pain and Suffering – This includes compensation for your physical pain and the struggles of living with your accident-related injuries on a daily basis. This, too, is in addition to the compensation you are entitled to receive for treatment of your injuries.
If you have a motorcycle accident claim, understanding the types of losses you are entitled to recover is just the first step. You also need to know how much you are entitled to recover in each category. Under Florida law, accident victims can seek just compensation for their present and future losses, and serious accident victims’ future losses will far exceed the short-term costs of their injuries in most cases.
How can you determine what your medical expenses will be in the future? How can you determine how long you will be unable to work? How do you calculate “just compensation” for non-financial losses like loss of companionship, emotional distress, and pain and suffering? All of these require experienced legal representation. To make sure you are seeking the full compensation you deserve, you should discuss your case with an experienced Fort Myers motorcycle accident attorney as soon as possible. At Spivey Law Firm, Personal Injury Attorneys, P.A., we are committed to maximizing our clients’ recoveries, and we will work hard to ensure that we are seeking as much compensation for your losses as possible.
What Should You Do After a Motorcycle Accident?
In addition to contacting a motorcycle accident attorney, there are other important steps riders and their families need to try to take after motorcycle accidents in Fort Myers. To improve your chances of recovering just compensation, you should:
- See a doctor right away. Regardless of the nature or extent of your injuries, you should see a doctor as soon as possible.
- Keep everything you have from the accident. Be sure to keep your damaged riding gear; and, if you took photos with your phone, keep all of them to share with your attorney.
- Document the damage to your motorcycle. Whether your bike can be fixed or it has been totaled, you should try to document the damage before it gets repaired or taken to salvage.
- Write down what you know. Take detailed notes recounting everything you can remember about the accident.
- Follow your doctor’s advice. As you move forward, it will be important for you to follow your doctor’s advice (or seek a second opinion if you feel that one is necessary).
Why Do You Need to Hire a Fort Myers Motorcycle Accident Attorney After a Crash?
As we mentioned above, the bias against motorcycle riders makes it important to get help from a Fort Myers motorcycle accident attorney. But, this is not the only reason why you need an experienced attorney on your side. Your attorney will also be able to help you by:
1. Identifying All Available Claims After Examining the Evidence
Depending on what happened, you could potentially have multiple claims for compensation. Your attorney can investigate to identify all of the liable parties for your or your loved one’s motorcycle accident.
Accident Photos
If possible, after receiving medical attention, it is important to get photos of the scene including any skid markings, accident debris, vehicles, the road and its signs. If the police at the scene take photos, or anyone else takes photos, the motorcyclist involved in the accident, or his or her representative, should take the same photos from the same angle as they do. Attorneys sometimes consult an accident reconstruction expert, and the photos will be helpful to that person in understanding how the accident happened.
Witness Statements
Even though authorities at the accident scene will file a police report with contact witness information, it is important, if possible, to get any neutral witness information. Having neutral witnesses can affect the outcome of a motorcycle accident case.
Safety Equipment
Evidence of wearing any safety gear at the time of the accident can be important in demonstrating that the motorcyclist took some precautionary measures. Evidence of this may also assist those investigating the accident to understand how the impact affected the injured motorcyclist’s body. Photos of the safety equipment should be in an “as-is” condition following the accident.
Medical Records
Seeking medical treatment immediately following the accident and keeping all medical appointments is crucial to the outcome of any motorcycle litigation case. Consistent medical treatment, without any gaps, will assist the attorney in showing the injuries were serious. In addition, complete records of the provider, detailed costs, and the dates of service are required.
2. Helping You Get Treatment
If you are not sure where to go for treatment, your attorney can refer you to a specialist who is experienced in treating motorcycle riders with traumatic injuries.
3. Calculating Just Compensation
If you have been seriously injured or lost a loved one, you may be entitled to significant financial compensation. Your attorney can accurately calculate your losses and seek just compensation for you.
4. Negotiating on Your Behalf
It may be possible to obtain a settlement without going to court. Your attorney can negotiate on your behalf and advise you regarding when (and if) to settle.
5. Going to Court if Necessary
Finally, if necessary, your attorney can take your case to court. Serious motorcycle accidents can have lifelong consequences. If the insurance companies are not offering a fair settlement, you will need a motorcycle crash attorney who is prepared to fight for your rights at trial.
At Spivey Law Firm, Personal Injury Attorneys, P.A., we take a comprehensive approach to protecting riders’ legal rights after serious motorcycle accidents in Southwest Florida. From building a strong, evidence-based motorcycle accident lawsuit to documenting the long-term costs of your injuries, we take all the steps necessary to seek the full compensation you deserve.
We also deal with the insurance companies on your behalf; and, if a fair settlement offer is not on the table, we are fully prepared to fight for your rights in court. At Spivey Law Firm, we have built a powerful reputation representing injured motorcyclists across Southwest Florida. Whether your case involves road hazards, driver negligence, or insurance disputes, we have the skill, resources, and dedication to obtain the justice you deserve.
Contact a Fort Myers Motorcycle Accident Attorney for Help Today
If you or a loved one is injured or killed in a motorcycle accident in Florida, contact Spivey Law Firm, Personal Injury Attorneys, P.A. today to schedule a free consultation with an experienced Fort Myers motorcycle accident attorney. You pay no fees or costs unless you win a settlement or verdict in your favor. In other words, you will pay no money upfront when you retain our services to assist you with your case. Please visit our settlements and verdicts page to view the results we have achieved in Florida motorcycle accident cases and other cases handled by our firm.
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