One of the most popular modes of transportation in Fort Lauderdale is riding a motorcycle, and it’s not difficult to understand why. Beautiful weather, scenic views, and an exciting environment surrounding motorcycles in the area all make the city a popular destination for riders and groups.
At the same time, motorcycle accidents are often much more severe in terms of the injuries and damages that result. If you’ve had a motorcycle accident in Fort Lauderdale, our personal injury lawyers at Cowen Edwards, are here to help.
We’ve supported many victims in Fort Lauderdale and nearby areas, securing rightful financial support for their injuries and losses. Contact us for a free consultation to get the assistance you need in recovering from the accident.
Understanding What’s Covered in an Fort Lauderdale Motorcycle Accident Claim
To secure the necessary support for your recovery, filing an injury claim is crucial. While each motorcycle accident is unique, most injury claims cover two main types of damages: economic and non-economic.
Economic damages involve financial losses resulting from the injury, such as medical expenses, lost wages, and property damage. On the other hand, non-economic damages relate to the emotional or psychological toll, including pain and suffering, emotional distress, and loss of enjoyment of life.
Depending on the circumstances of your accident, you can potentially recover the following in a claim:
- Medical treatment costs
- Physical therapy expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life or companionship
- Wrongful death expenses
- Punitive damages in some cases
How We Can Help
Determining the exact value of damages, especially for severe and long-term injuries, can be tough. That’s why having our experienced motorcycle accident lawyers on your side can be very helpful. Though not mandatory, we can greatly influence the result of your claim by:
- Compiling records – It’s crucial to seek prompt medical assistance for your claim. We’ll assist in gathering all relevant medical records and expenses related to your accident, ensuring an accurate account of your costs.
- Gathering evidence – We’ll aid in collecting substantial proof, including photos of the accident scene, statements from witnesses, and police reports. This evidence clarifies fault and assesses the extent of your damages.
- Filing an insurance claim – With the other driver’s insurance details, we’ll assist in filing a claim with their insurance company. Our team will manage the claim and negotiations to secure a fair settlement for you.
- Considering a personal injury suit – If the offered settlement is inadequate, we’ll discuss the option of filing a personal injury lawsuit on your behalf to pursue the damages available. Ultimately, the decision rests with you.
Liability in Fort Lauderdale Motorcycle Accidents
The biggest question that needs to be answered after a Fort Lauderdale motorcycle accident involves liability. This will set the chain of events in motion as it pertains to your claim and options. Basically, liability refers to the legal responsibility the at-fault party has to you. Generally speaking, you’ll need to show negligence to prove liability. Negligence, in legal terms, means the following:
- The responsible party had a duty to act safely and reasonably.
- They breached this duty through negligence.
- The negligence was the direct cause of the accident and resulting injuries.
- You suffered injuries or losses as a direct result of the accident.
With negligence established, there’s a variety of parties that can be responsible in a typical motorcycle accident–up to and including yourself. Most of the time, this will be:
- Other drivers
- Government agencies
- Pedestrians or third parties
When you play some part in the accident, you’ll fall under Florida’s “comparative negligence” law. This says that any percentage of fault you share in the accident will be applied to your overall recovery.
Insurance Strategies
Comparative negligence is just one tactic employed by the liable party’s insurance company to shift some blame onto you in a motorcycle accident claim. Leveraging their considerable resources, insurance companies deploy various other strategies to limit their liability. Some common approaches include arguing that:
- Not wearing a helmet or proper protective gear made your injuries worse, so they might lower the compensation.
- When you rode a motorcycle, you knew the risks and accepted possible harm in an accident.
- If you didn’t wear a helmet or did things that caused the accident or made your injuries worse, they might offer you a lower settlement.
Remember, these strategies don’t mean others aren’t responsible for their mistakes. If someone else caused the accident, you probably still have a valid compensation claim. Thus, it’s important to do everything you can to strengthen your potential claim.
How to Bolster a Motorcycle Accident Claim in Fort Lauderdale
Obviously, any benefit to riding a motorcycle in Fort Lauderdale is tempered by the negatives involved when there’s an accident. At the same time, the law in Florida is on your side when it’s someone else’s fault. That said, you still have to provide sufficient evidence of your losses in order to present your case for damages. A big part of this involves the actions you take after the accident happens. So, here’s how you can bolster your claim:
- Collecting evidence – Gather proof such as accident photos, vehicle damage documentation, witness statements, and relevant documents to support your case.
- Seeking prompt medical attention – Connect your injuries to the accident by promptly seeking medical attention.
- Following traffic laws – Follow traffic rules, including speed limits and signals. Also, it’s a good idea to wear a helmet and protective gear while riding.
- Keeping records – Keep copies of essential documents like medical records, bills, and repair estimates. Document all medical treatments, expenses, and communication related to the accident.
- Being cautious with statements – Consult our lawyers before providing detailed statements to insurance adjusters. Avoid admitting fault for the accident.
- Cooperating with investigations – Work closely with police and insurance inquiries, providing accurate information.
- Following medical advice – Always follow your doctor’s recommendations and attend all necessary medical appointments to demonstrate your commitment to recovery.
The journey to recovery after a motorcycle accident in Fort Lauderdale is often prolonged and demanding. It encompasses not just physical injuries but also emotional and financial challenges. So, it’s important to understand how these accidents can happen and what impact they can have on your life.
Impact of Motorcycle Accidents in Fort Lauderdale
Every motorcycle accident has its own unique circumstances and causes in Fort Lauderdale, but one thing that is universal is the huge impact they can have on victims. There’s also a variety of reasons for this, but some of the most notable include:
- Lack of protection – Unlike cars and other vehicles, motorcycles offer no protective barrier for riders. This leaves motorcyclists vulnerable to impact, significantly increasing the risk of severe injuries or fatalities in case of an accident.
- Lower profile – Motorcycles are smaller, making them harder to spot on the road, especially in heavy traffic or adverse weather. This reduced visibility raises the likelihood of collisions with other vehicles or obstacles.
- Maneuverability – While motorcycles’ maneuverability allows quick direction changes to avoid obstacles, it also heightens the risk of accidents, particularly at high speeds or in hazardous conditions.
- Road hazards – Motorcycles are more susceptible to road hazards like potholes, uneven pavement, or debris. These conditions can lead to loss of control or crashes, resulting in serious injuries.
- Speed – Speeding is a common factor in motorcycle accidents due to the high speeds motorcycles can achieve. Even a small error at such speeds can have severe consequences.
Even if you do everything you can to avoid a motorcycle accident, they can still happen. While it’s unfortunate, you should always make sure to wear the right gear and try to be as careful as you can. Still, if you do experience an accident, our team will be there to help you.
Legal Guidance From Fort Lauderdale Motorcycle Accident Lawyers
Being involved in a motorcycle accident, regardless of when or why it occurs, can be incredibly challenging. Apart from coping with physical injuries, you may also have to address ongoing emotional issues and damage to your property.
At Cowen Edwards, we understand the hardships associated with these situations. That’s why we take pride in offering experienced legal guidance to motorcycle accident victims throughout Fort Lauderdale. If you’ve experienced one of these accidents, time is crucial. Contact us today for a free consultation.
