Motorcycle accidents often result in severe injuries and fatalities. According to the National Highway Traffic Safety Administration, 4,976 motorcyclists were killed and an estimated 88,000 motorcyclists were injured in recent years. The fatality rate for motorcyclists is six times higher than that for passenger car occupants.
Several factors make motorcyclists more vulnerable:
Due to these factors, catastrophic injuries are common in motorcycle accidents.
These can include:
Under Florida law, motorcycle crash injuries are treated similarly to automobile accident injuries. Florida’s Personal Injury Protection (PIP) laws allow individuals injured in motor vehicle accidents to recover medical costs from their own insurance carriers. This includes motorcycle accidents. Regardless of fault, the injured party can recover reasonable and necessary medical costs under PIP.
Navigating the complexities of insurance claims can be challenging. This is where an Injury Attorney in Palm Beach Gardens comes in. A skilled attorney can:
At Hicks & Motto, our team of experienced Motorcycle Accidents Attorneys in Palm Beach Gardens understands the intricacies of insurance negotiations. Some of our negotiators have worked inside insurance companies and know their tactics. We are committed to:
Motorcycle accidents can have devastating consequences, but you don’t have to face the aftermath alone. With a knowledgeable Motorcycle Accidents Attorney in Palm Beach Gardens from Hicks & Motto, you can navigate the legal landscape and secure the compensation you need to recover.
For more information or to schedule a consultation, contact Hicks & Motto today. We are here to help you every step of the way.
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You may have a motorcycle accident case if another driver, business, vehicle owner, manufacturer, or other party acted negligently and caused your injuries.
When reviewing a potential claim, we consider:
Examples of driver negligence may include failing to yield, making an unsafe left turn, changing lanes without checking blind spots, following too closely, speeding, distracted driving, or impaired driving. Every motorcycle accident claim requires an individual review of the facts and evidence.
The value of a motorcycle accident case cannot usually be determined at the beginning. The potential value depends on the severity of the injuries, medical treatment, financial losses, fault, evidence, and available insurance coverage.
Important factors may include:
Motorcycle accidents can cause injuries that require surgery, rehabilitation, long-term treatment, or permanent lifestyle changes. An early insurance offer may not account for these future consequences.
Many Florida motorcycle accident lawsuits based on negligence generally must be filed within two years of the accident. This period generally applies to negligence claims arising from incidents occurring on or after March 24, 2023.
Different deadlines or notice requirements may apply depending on:
Waiting can also make the claim harder to prove. Video footage may be deleted, motorcycles and vehicles may be repaired, witnesses may become unavailable, and physical evidence may disappear. Prompt investigation can help preserve evidence even when the filing deadline has not yet approached.
Being partially responsible does not necessarily prevent you from pursuing compensation.
Under Florida’s modified comparative negligence law, compensation is generally reduced according to the injured person’s percentage of fault. However, a person found to be more than 50% responsible generally cannot recover damages in a negligence claim governed by the statute. (Online Sunshine)
For example, if your damages total $100,000 and you are found 25% responsible, the potential recovery may be reduced to $75,000.
An insurance company might argue that the motorcyclist was:
A claim should not be rejected solely because the insurer alleges that the motorcyclist contributed to the crash. Photographs, video footage, witness statements, vehicle damage, crash reports, and reconstruction evidence may help determine each party’s responsibility.
You should be cautious about speaking with the other driver’s insurance company before receiving legal advice. The adverse insurer represents its policyholder and protects its own financial interests.
The adjuster may ask you to:
Statements made shortly after an accident may later be used to dispute fault, minimize the injuries, or argue that a medical condition existed before the crash.
You may have separate duties to notify and cooperate with your own insurer. Those duties depend on the policy and circumstances. Before giving a recorded statement or signing documents, make sure you understand which insurance company is requesting the information and how your response could affect the claim.
Many Florida motorcycle accident attorneys handle injury claims on a contingency-fee basis. This generally means the attorney receives a percentage of the compensation recovered through a settlement or verdict.
Under a contingency agreement, the attorney generally does not receive a legal fee unless compensation is recovered. However, legal fees and case costs are different. Costs may include:
There is no legally required percentage that every Florida lawyer must charge. The written fee agreement should explain the attorney’s percentage, how expenses are handled, and whether the client may owe any costs if there is no recovery. (The Florida Bar)
Do not accept a motorcycle accident settlement or sign a release until you understand the full extent of your injuries, financial losses, available insurance, and future medical needs.
Before accepting an offer, consider:
Once a settlement is accepted and a release is signed, the covered claim generally cannot be reopened merely because your injuries worsen or you later require additional care.
There is no fixed timeline for resolving a motorcycle accident claim. Some cases settle within several months, while serious, disputed, or litigated claims may take considerably longer.
Factors affecting the timeline may include:
Resolving the claim before the long-term medical consequences are understood may result in a settlement that does not reflect future treatment or permanent limitations.
The damages available depend on the injuries, financial losses, available evidence, insurance coverage, and degree of fault.
A Florida motorcycle accident claim may include compensation for:
Economic damages compensate for measurable financial losses, such as medical expenses, lost earnings, and property damage. Non-economic damages address the personal impact of the injuries, including physical pain, emotional distress, and reduced quality of life.
Available compensation must be supported by medical records, employment documents, repair estimates, expert opinions, photographs, testimony, and other evidence.
The damages available depend on the injuries, financial losses, available evidence, insurance coverage, and degree of fault.
A Florida motorcycle
Most motorcycle accident claims are resolved without a trial. However, settlement is not guaranteed.
A case may proceed toward trial when:
Even when settlement is likely, the case should be investigated and prepared as though it may go to trial. Preparation may include preserving evidence, obtaining witness testimony, reviewing medical records, examining vehicle damage, and using accident reconstruction or medical experts when appropriate.
The client ultimately decides whether to accept a settlement or proceed with litigation after receiving advice about the evidence, risks, costs, and possible outcomes.
accident claim may include compensation for:
Economic damages compensate for measurable financial losses, such as medical expenses, lost earnings, and property damage. Non-economic damages address the personal impact of the injuries, including physical pain, emotional distress, and reduced quality of life.
Available compensation must be supported by medical records, employment documents, repair estimates, expert opinions, photographs, testimony, and other evidence.
Hicks & Motto is a trusted Florida personal injury law firm helping accident victims recover compensation for medical expenses, lost wages, and pain & suffering.
Hicks & Motto
3601 PGA Blvd., Suite 200,
Palm Beach Gardens, FL 33410
Phone: (561) 250-8213
Fax: (561) 697-3852
Email Us @ info@hmelawfirm.com
