Motorcycle accidents are unfortunately common in Florida. While it is one of the most exhilarating places to ride, it can also be very dangerous. Navigating an accident claim can add undue stress to a time when you should be focusing on your recovery. With a focus on providing comprehensive legal assistance, Englander Peebles is committed to protecting the rights of accident victims and guiding them through the claims process.
Florida’s Motorcycle Helmet Laws
In Florida, motorcyclists are not always required to wear a helmet. Riders over 21 may opt out of wearing a helmet if they carry at least $10,000 in medical insurance coverage for injuries sustained in an accident. However, motorcyclists under 21 must wear helmets at all times. Despite the legal option to ride helmet-free, wearing one can significantly reduce the risk of serious injury or death in an accident.
Motorcycle Accident Statistics in Florida
According to the National Highway Traffic Safety Administration (NHTSA), Florida ranks as the most dangerous state for motorcycle riders, with 46% of the fatalities in 2022 being unhelmeted riders. The state’s favorable weather conditions and year-round riding opportunities also mean more motorcycles are on the roads, increasing the likelihood of accidents. Understanding these statistics highlights the importance of safety measures, like wearing a helmet, and having experienced legal representation in an accident.
Common Causes of Motorcycle Accidents
Many of the causes of motorcycle accidents are outside of the control of the rider.
- Driver Negligence: Car and truck drivers often fail to notice motorcycles due to their small size, leading to dangerous collisions.
- Distracted Driving: Drivers texting or engaging in other distractions are a significant risk to motorcyclists.
- Speeding: Excessive speed can result in devastating impacts in motorcycle accidents.
- Impaired Driving: Alcohol or drug use by the motorcyclist or a driver is a major contributor to crashes.
- Hazardous Road Conditions: Potholes, debris, and poor road maintenance can be particularly dangerous for motorcyclists.
Englander Peebles has extensive experience handling cases involving these common causes, ensuring that victims receive the compensation they deserve.
Legal Rights of Motorcycle Accident Victims
If you are involved in a motorcycle accident, you have legal rights that must be protected. Even if you were not wearing a helmet, you could still be entitled to compensation for your injuries. Florida’s comparative negligence law means that even if you were partially at fault for the accident, you could still recover damages, though the amount may be reduced based on your degree of fault.
Steps to Take Immediately After an Accident
Taking the right steps immediately following a motorcycle accident can significantly impact the success of your claim. Here’s what to do:
- Seek Medical Attention: Your health is the top priority. Even if your injuries seem minor, get checked by a medical professional.
- Call the Police: Always report the accident to the police, as a formal report will be essential for your claim.
- Gather Evidence: If possible, take photos of the accident scene, your motorcycle, the other vehicle, and any visible injuries.
- Get Contact Information: Collect the contact details and insurance information of the other driver and any witnesses .
- Contact a Fort Lauderdale Motorcycle Accident Attorney: The sooner you speak to a qualified attorney, the better. Englander Peebles can guide you through the next steps and ensure your case is properly handled.
How Englander Peebles Supports Our Clients
Englander Peebles is dedicated to providing comprehensive legal support for motorcycle accident victims. Our services include conducting a thorough investigation to gather evidence such as police reports, medical records, and eyewitness statements, negotiating with insurance companies to ensure fair compensation, and taking the case to trial if a fair settlement cannot be reached.
FAQ on Motorcycle Accident Claims
- Can I file a claim if I wasn’t wearing a helmet? Yes. In Florida, you can still pursue compensation even if you weren’t wearing a helmet, though it may impact the amount you receive depending on the circumstances.
- What types of compensation can I receive after a motorcycle accident? Victims can typically recover compensation for medical bills, lost wages, pain and suffering, and property damage.
- How long do I have to file a claim? Florida’s statute of limitations for motorcycle accident claims is two years from the accident date.
Importance of Legal Representation in Motorcycle Accident Claims
Having legal representation is essential for motorcycle accident victims. Without proper guidance, it’s easy to make mistakes that could harm your claim or result in receiving less compensation than you deserve.
For those involved in motorcycle accidents, Englander Peebles is here to help. Our dedicated team of legal professionals ensures that clients receive the best possible outcome, offering compassionate support and expert legal representation at every step.