Fort Lauderdale motorcycle accident attorney

The exhilaration of riding a motorcycle is unmatched, especially on Florida’s open roads, natural beauty, and year-round sunshine. Unfortunately, riders are incredibly vulnerable in an accident, and the injuries can be devastating. 

If you were injured in a motorcycle accident, a Fort Lauderdale personal injury lawyer with Lytal, Reiter, Smith, Ivey & Fronrath can help. We represent riders who suffered an injury due to negligent, careless drivers or improperly maintained roads.

To learn more about how we can help, schedule your free consultation by calling (561) 655-1990 today.

Steps to take after being in a crash

Motorcycle accidents aren’t just terrifying — they can leave riders disoriented and confused, unsure of what happened or what they should do. If you can remember these steps, you’ll not only protect your physical health but also your chances of obtaining the compensation you deserve in a personal injury lawsuit.

1. Get to a safe location

If your bike can still be driven or pushed, get it off the road immediately and get yourself to a safe location. Even if you can only move it to the shoulder or the side of the street, that will be safer than leaving it on the road.

Of course, your health and safety are the priority. If you feel that moving the motorcycle would put you in further danger, leave it where it is and get to a safe location.

When looking for a safe location to wait for emergency personnel, consider things that might obstruct you from being visible to other drivers and things that might offer some protection such as a guard rail, and don’t stand in between vehicles.

2. Keep on your safety gear

If possible, don’t take off your helmet, jacket, or any other protective gear you’re wearing. They might continue to protect you after the accident, such as if you lose your balance and fall. 

3. Call 911 and ask for police and an ambulance

If it’s safe for you to do so, check on anyone else involved in the accident, then call 911 for paramedics and the police. Don’t refuse any medical care or treatment by the paramedics because their prompt attention to your injuries could make a dramatic difference in your recovery.

If they recommend that they transport you to the hospital, do as they say because the shock and adrenaline caused by the accident could hide the symptoms or pain from any injuries you’ve sustained. 

4. Tell the responding police officer what happened

Relay the facts of what happened to the police officer as best you can. Don’t try to guess why the accident occurred because you could inadvertently say something thought could harm your case by attributing any portion of fault to you. If you admit even a little responsibility for the crash, that will seriously damage your chances of obtaining compensation.

If you don’t remember exactly what happened or if some of the facts are fuzzy, be honest with the officer and tell them you don’t remember at that moment. You can supplement your statement later after you’ve had time to receive medical care and have gotten over the initial shock of the accident.

5. Gather evidence at the scene

If your physical condition allows and the scene is safe, use your phone to take pictures and videos of the accident and the surrounding area. Get photos of your injuries, all damaged vehicles, and anything that was damaged such as road signs and guardrails.

Pay attention to the road and get pictures of any fresh skid marks you see. If they’re present, that could mean the driver slammed on their brakes because they were speeding. This piece of evidence could be incredibly powerful and could help win your case.

Get the names, contact information, and insurance information for all other involved drivers, and get the name, phone number, and email address of all witnesses who can later provide a statement to your attorney.

6. Seek medical treatment 

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 if the paramedics couldn’t see any visible injuries, that doesn’t mean they don’t exist.

In fact, many serious injuries might not 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 medical care, the insurance company will argue that you aren’t as injured as you claim or that you were injured by something else, not the accident, but you’re simply trying to get a paycheck. 

7. Notify your insurance company

Notify your insurance company about the accident because they might be able to provide you with assistance based on your policy coverage while your case against the liable driver is pending.

This is another situation where you don’t want to give your opinion as to what happened or present information you’re unsure of because even your insurer could use that against you if you admit any fault. 

If you feel more comfortable, you can contact your insurance company with your attorney, however, some policies require that you report an accident within a certain period of time, so act quickly.

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

After you’ve received medical help, speak with a Fort Lauderdale motorcycle accident lawyer right away. Your lawyer will need to investigate the accident and determine who’s liable. The investigation must start quickly so that crucial evidence doesn’t disappear.

Common motorcycle accident injuries

Motorcyclists don’t have the same level of protection as drivers and occupants of passenger cars because they’re not surrounded by reinforced aluminum and other materials that are designed to reduce the impacts of a crash.

While a helmet, jacket, boots, and other protective gear could help save your life, they can only do so much. Here are a few of the most common injuries that can occur as a result of a motorcycle accident.

• Broken bones
• Road rash and lacerations
• Amputations
• Traumatic brain injury

Make sure you file a claim on time

Florida has a four-year statute of limitations for filing a lawsuit for motorcycle accidents. This means that you have four years from the date of your injury to file your claim.

Although this might sound like a long time, you’ll need to take action as soon as you can. 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.

All of this will take time, but the earlier you take action, the sooner you’ll be able to obtain compensation.

Possible damages you can claim

When you’re hurt due to someone else’s negligence, you can recover compensation for your financial losses. These are called damages. In Florida, there are two primary categories of damages you might be able to collect: economic and non-economic. 

Economic 

Economic damages include things like lost wages or work benefits if you missed work during recovery, medical bills, and property damage. These are often easily proven with receipts, invoices, and pay stubs. 

For proving future medical costs and future lost wages if you’re unable to return to work in the same capacity (or at all), your attorney will need to retain experts to prove what you could’ve earned had you not been injured and the medical care you’ll need moving forward.

Non-economic

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

Because these are much more difficult to calculate and prove, you need a skilled Fort Lauderdale motorcycle accident lawyer on your side.

Parties who may be liable for your injury

The obvious liable party is the driver who caused the accident, however, there could also be other contributing parties.

For example, a drunk driver could have caused another driver to veer into your path, in which case the drunk driver might be liable for your injuries. If the driver’s brakes failed because they were faulty, the manufacturer of the braking system or the car could be. Recognizing the liable party is a crucial factor for determining how much compensation you’re entitled to. 

How our Ft. Lauderdale 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:

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

For example, all drivers have the inherent duty to follow all traffic laws for their safety and the safety of other motorists and pedestrians. If a driver violated any of those laws such as by using their cell phone while driving, causing them to crash into you, they breached their duty to you and caused the accident that resulted in your injuries and financial losses. 

We fight the insurance company to get you full compensation

Our law firm has a long track record of success in defeating large insurance corporations. We’re not intimidated by their high-priced lawyers or the tricks they might employ to avoid paying you what you deserve.

The insurer will assign an adjuster to your claim. That adjuster has been trained to appear sympathetic to your situation all while trying to get you to admit fault or to say something that can allow them to reduce or deny your claim altogether. They might even intentionally confuse you and trick you into saying something untrue. 

We recommend that you don’t speak to the adjuster except to provide them with the contact information for your Fort Lauderdale personal injury lawyer and to inform them that you’ll only answer questions in the presence of your attorney. 

Motorcycle accidents are more frequent and more dangerous

An average of 550 motorcyclists have died per year on Florida roads between 2016 and 2021, and another 2,000 are seriously injured each year. Even though protective equipment is more advanced than ever before, far too many people are still killed or severely hurt in motorcycle accidents.

One of the biggest causes of these accidents is distracted drivers. Cars are filled with more technology than ever before, and motorists continue to use their smartphones while driving. It’s a recipe for disaster. If your Fort Lauderdale motorcycle accident lawyer can prove the at-fault driver in your crash was distracted, you’ll receive the compensation you deserve.

Cost of hiring a 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?

Please get in touch with a Fort Lauderdale personal injury lawyer with Lytal, Reiter, Smith, Ivey & Fronrath as soon as you can following a motorcycle accident. We’ll provide aggressive, effective representation, and we won’t rest until we help you obtain full compensation.

Schedule a free consultation by contacting us online or calling (561) 655-1990.