Florida Motorcycle Accident Lawyers

When a motorcycle accident victim is injured or killed, there are often many issues surrounding the claims process that can only be addressed with the skills and training of a dedicated motorcycle accident lawyer.

Our motorcycle accident attorneys will work tirelessly to uncover the cause of the collision and hold the liable party accountable to the fullest extent of the law. While a significant number of motorcycle crashes are the fault of the other driver, it is nevertheless important to understand what caused the car accident. Among common reasons are speed, unsafe lane changes, failing to yield, drunk or distracted driving as well as poor road conditions (e.g., potholes).

Not only could negligent drivers be held accountable, but anyone who contributed to the collision could be sued for damages. Some of these parties could include:

Having a motorcycle accident attorney can make a difference in the amount of compensation recovered. Many motorcyclists are unaware of the true value of their claims and may be more likely to settle for less than they deserve when handling claims on their own. Due to the limited protection that motorcycles provide, the motorcyclist faces a high risk of suffering a serious or catastrophic injury or even wrongful death.

Among some of the most significant are spinal cord injuries, brain injuries, neck and back injuries, fractured bones, amputations and burns, and road rash. As a result of these types of injuries and others, motorcyclists are often entitled to compensation for their medical bills, lost wages, diminished earning capacity, pain and suffering, disfigurement and scarring, and other economic and non-economic damages.

Motorcycle accident victims could also be compensated via punitive damages. Designed to ensure liable parties are punished for intentional malice or gross negligence, punitive damages are under special circumstances in cases, including motorcycle accident ones. Punitive damages, when appropriate, impact the value of a motorcycle accident victim’s case.

If the motorcyclist also bears some responsibility for the crash, they are not prevented from recovering compensation for their damages. In Florida, liability is assigned between the parties according to their share of the fault. While Florida was formerly a pure comparative fault state, in 2023, it became a modified comparative fault state.

Our motorcycle accident lawyers recognize this critical distinction, and sharing fault can reduce the amount of compensation our clients recover. Now that modified comparative negligence laws apply, motorcycle accident victims can only share up to 50% of the blame for the accident; of found to be over 50% at fault, their recovery is fully barred. At or below 50%, they are attributed to the motorcyclist. Early involvement and advocacy thus become especially important to victims who are partially at fault.

Florida requires motorcyclists to wear helmets (and eye protection) if under 21 years old. Helmets are also required unless the operator is over 21 and has insurance that provides at least $10,000 in medical benefits. Regardless of whether required or not, the evidence shows that wearing a helmet reduces the risk of death or serious head injury significantly. Furthermore, biking helmetless could impact your recovery due to Florida’s modified comparative fault laws.

Our motorcycle injury lawyers at Luhrsen Goldberg understand the significance of these laws and will do everything possible to reduce the fallout and help our clients prepare accordingly. Working with a motorcycle injury lawyer is often the best way for injury victims to protect themselves after being accused of violating the state’s motorcycle helmet laws.

Often motorcycle accident victims are intimidated by the claims process. Once they understand how claims unfold, they often feel empowered and more confident pursuing their case. However, it is important to remember that every claim is different and can unfold in varying ways. Here is a general idea of how motorcycle accident cases work in Florida:

Working with an experienced motorcycle injury attorney is the best way to get answers after a collision. It is normal for motorcycle accident victims to be unclear about how the claims process works and have countless unanswered questions about what to expect from their case. For that reason, we have compiled this quick FAQ below. Any questions we do not cover on this page can be discussed in greater detail during the motorcycle accident survivor’s initial consultation.

At Luhrsen Goldberg, we work with our clients on a contingency fee basis. We do not charge our clients anything for our efforts or legal services until or unless we win their case. Our motorcycle accident law firm covers all expenses related to pursuing the claim as well and similarly only seek a recovery of our costs if we are able to get a recovery for our clients.

This means motorcycle accident victims do not need to pay court filing fees, cover the costs of hiring experts, or any other expenses that arise. We pay for everything and assume the risks of pursuing the claim so our clients do not have to. At the outset, clients retain us and enter into our contingency fee agreements and thus know exactly what percentage of their settlement will go towards attorney’s fees if we win.

There is a strict statute of limitations and claim deadlines that must be filed when motorcycle accident victims are filing insurance claims or personal injury lawsuits. Most motorcycle accident cases are subject to the revised statute of limitation that went into effect in March 2023 and have two years from the accident date to get the lawsuit filed. If a personal injury lawsuit is not filed before this time limit expires, victims are prohibited from pursuing their case further (accidents that occurred prior to the change remain subject to the previous longer statute of limitation).

Sooner rather than later is the best guide. Acting sooner translates into a better chance of gathering evidence, information from witnesses and making other appropriate and timely, rather than tardy, decisions.

It is generally in an injury victim’s best interests to consult with a personal injury attorney before accepting an insurance company’s offer of settlement. Consultations with our experienced motorcycle injury attorneys are always free. Moreover, insurance companies generally work to settle cases early and for as little money as possible..

Many insurers will make fast offers hoping to tempt the injury victim into accepting less than their claim is worth. By reviewing settlement offers before accepting them, motorcycle accident victims can protect their right to maximum compensation and renegotiate for a more reasonable settlement when the initial offer is insultingly low or not enough to meet their needs.

Yes! If the liable party is willing to settle the claim without having to file a personal injury lawsuit, injury victims may be able to avoid getting into litigation. Many times, insurance settlements, particularly ones in which an experienced motorcycle injury attorney is involved, are appropriate given the circumstances and the victim’s injuries and damages. In other cases , going to trial is the best way to maximize the amount of compensation recovered and bring liable parties to justice.

If a motorcycle accident victim or a loved one was injured or killed in a serious motorcycle collision, call one of our experienced and compassionate motorcycle accident attorneys at Luhrsen Goldberg. Our team will do everything possible to pursue the recovery our clients deserve, while they concentrate on their recovery.

Case evaluations are always free, and you do not owe us any attorney’s fee or costs unless or until we win for you. Fill out our convenient contact form or call our office to schedule your free consultation as soon as today.