Florida Motorcycle Accident Lawyer

We believe that all motorists, including motorcycle riders, should be able to travel with the expectation that other drivers won’t harm them. Unfortunately, this isn’t always the case.

If you or a loved one were injured in a motorcycle accident due to a driver’s negligence, the experienced Florida trial attorneys with Lytal, Reiter, Smith, Ivey & Fronrath are ready to help you obtain the compensation you deserve.

To schedule your free consultation, call (561) 655-1990.

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Steps to take after being in a crash

Many people describe being in a “haze” after they’ve been in a vehicle accident. Although you might be shocked, unsure of what happened, and unsure of what to do next, you can protect your health and your case if you follow these steps.

1. Get to a safer location

If your bike can be moved, either by driving it or pushing it, get it out of the road and onto a shoulder or in a nearby parking lot.

Your safety is the priority, so if you feel that moving your motorcycle would put you in further danger, leave it and get yourself to a safe location while you wait for emergency personnel to arrive.

2. Don’t remove your safety gear

It may seem odd and counterintuitive, but don’t take off any of your gear–not your helmet, jacket, or anything else. They might help stabilize an injury because it’s reducing possible movement. They might also continue to protect you after the accident such as if you lose your balance or trip and fall.

3. Call 911 and ask for police and an ambulance

Do a quick self-assessment to determine if you notice any immediately apparent injuries. Are you bleeding? Can you move all of your limbs? If it’s safe, quickly check on anyone else who was involved in the accident so that you can report any injuries to the dispatcher. Call 911 immediately. They’ll send an ambulance to address injuries there at the scene, and they’ll send a police officer.

4. Tell your story to the responding police officer

Be truthful and polite – but don’t say anything that could be construed as you being at fault. The officer will conduct their investigation and will issue a report based on their findings. If you say anything that could be construed as accepting blame for the accident, the other driver’s insurance company will use that against you to deny or reduce your claim.

If you can’t remember specific facts of the accident at that time, don’t guess or make something up. Simply tell the officer that you aren’t sure. You can supplement your statement later after the shock of the accident has worn off.

5. Gather evidence at the scene

Try to take pictures and videos of the accident scene if you can – but only if you can do so safely. Get evidence of the damage to all vehicles, and take pictures of the road and the surrounding area. Pay attention to skid marks, which could show the driver hit their brakes because they were going too fast.

6. Visit an urgent care clinic or your primary care physician

Immediately seek medical treatment at the hospital, an urgent care clinic, or with your primary care physician. Although you might not think anything is wrong, or even if the paramedics couldn’t see any visible injuries, it doesn’t mean they don’t exist.

Many serious injuries won’t physically present themselves until a few days after the accident, but a doctor might be able to catch them before they worsen to an irreversible state. If you delay seeking medical care, the insurance company will likely argue that you aren’t as injured as you claim in an effort to deny your claim.

7. Notify your insurance company

You need to tell your insurer what happened because they might be able to provide you assistance based on your policy coverage while your case against the liable driver is pending. Again, only give them the facts. Don’t volunteer other information, and don’t guess about something you aren’t completely sure of because things you say could be used against you in your claim.

8. Meet with a Florida motorcycle accident attorney to understand your legal options

Determining the liable party might not be as straightforward as you think because it’s possible that more people are responsible for your accident, not just the other driver. A Florida motorcycle accident lawyer will investigate the accident to determine what happened and who’s liable. Evidence can vanish quickly, so speak with an attorney as soon as you can.

Make sure you file a claim on time

In Florida, you have two years from the date of the motorcycle accident to file a personal injury lawsuit. This is known as the “statute of limitations.” This might seem like a long time, but you need to act quickly for the best chance of obtaining full compensation.

Your attorney needs to conduct their own investigation into the accident to determine the liable party(ies), interview witnesses, begin negotiations with the at-fault driver’s insurance company, and several other tasks.

Possible damages you can claim

When someone is hurt due to negligence, the financial losses they incur are referred to as damages. The two most commonly awarded forms of damages are economic and non-economic.

Economic

Economic damages include things like lost wages or benefits if you missed work following the accident, medical bills, and property damage. These are often easily proven with receipts, invoices, pay stubs, and other documents. You might also be able to obtain damages for future necessary medical care and future lost wages if your accident-related injuries prevent you from returning to work.

Non-economic

Non-economic damages aren’t as easy to prove as economic damages because there aren’t receipts, so they don’t lend themselves to easy calculations. These include things like pain and suffering, mental or emotional trauma, and diminished quality of life, among other things. These damages can be significant.

Because these are much more difficult to calculate and prove, you’ll need a skilled Florida motorcycle accident attorney to obtain them.

Parties who may be liable for your injury

You might assume the at-fault driver was the only party responsible for the accident, but there could be other liable parties. For example, a defective tire may have blown out and caused them to lose control of their car, or another motorist could have sideswiped them, causing them to hit you.

Determining the liable party(ies) is crucial in determining how much compensation you’re entitled to.

Common motorcycle accident injuries

Since motorcycles don’t provide the same protection as passenger cars, riders are more likely to suffer severe injuries in the event of an accident. Some of these potential injuries include:

Traumatic brain injury
Broken bones
Concussions
Cuts and road rash
Amputation

How our Florida attorneys prove negligence

Our attorneys have decades of experience and the resources it takes to perform a detailed investigation to prove someone’s liability. Personal injury claims for motorcycle accidents are based on negligence. In order to have a successful claim, your attorney must prove the following four elements:

The liable party owed you a duty of care;
They breached that duty;
Their failure to adhere to that duty caused the accident; and
You were injured or suffered damages as a result of the accident.

We will prove each of these things with relevant evidence such as your medical records, photos of the accident, the police report, witness statements, and more. To improve your chances of obtaining compensation and strengthening your case, hire a Lytal, Reiter, Smith, Ivey & Fronrath motorcycle accident lawyer.

We fight the insurance company to get you full compensation

The insurance company of the at-fault driver is going to employ skilled, high-priced professionals to deny you compensation. We defeat this type of formidable opposition on a regular basis.

How to deal with insurance after a motorcycle crash

The simple answer is: “don’t.” Don’t speak to an insurance company representative unless you have legal representation. The insurance company will justify denying you compensation based on things you say, even by twisting what you said or taking it out of context. To avoid this altogether, refer the insurer to your attorney and only answer questions through or with your attorney.

Motorcycle accidents are more frequent and more dangerous

Since 2016, more than 500 riders have lost their lives each year in Florida. Distracted drivers are one of the leading causes of accidents. Cars are filled with technology that can take a driver’s attention off of the road. Motorists also choose to look at their phones instead of the road far too often. It’s simple to see how distractions are making it more dangerous for everyone who drives or rides.

Cost of hiring a Florida motorcycle accident attorney

When you choose Lytal, Reiter, Smith, Ivey & Fronrath, you won’t pay us a dime unless and until we win your case. If we’re successful, we’ll receive a portion of your compensation. There are other advantages available to our clients, such as medical liens which help keep money in your pocket while you recover.

Why work with Lytal, Reiter, Smith, Ivey & Fronrath?

You won’t find a more effective, passionate law firm than the Florida motorcycle accident lawyers at Lytal, Reiter, Smith, Ivey & Fronrath. Put us to work for you by contacting us online or calling (561) 655-1990 for a free case review.