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If you or a loved one was injured in a motorcycle wreck, a Lakeland motorcycle accident lawyer could help you recover damages. Our legal team has a track record of success and offers sound legal advice tailored to your needs.
Led by Board Certified Civil Trial Lawyer Dave Dismuke, our Lakeland personal injury attorneys have the proven skills to protect your interests. Our team is committed to helping motorcycle accident victims like you get justice and financial compensation. Contact us today for a free legal consultation.
Here are a few reasons Central Florida residents choose our law firm:
Our personal injury law firm is fully armed to defend your rights and fight for maximum compensation in your case. Our personal injury attorneys serve Central Florida from our Lakeland and Sebring offices. We handle cases on a contingency-fee basis so that you won’t have to pay upfront.
Read real client reviews from our Lakeland office and see why we’re trusted for reliable legal support.
After being involved in a motorcycle crash, figuring out how much your injury claim is worth can be complicated. The value of your claim will depend on several factors, including the severity of your injuries, the cost of medical treatment, and whether you lost wages due to time away from work.
The first step in calculating the value of your motorcycle injury claim is to determine your economic damages. These typically include:
The second step is to calculate the value of your non-economic damages. These are more difficult to quantify and can include the following:
Don’t let an insurance company settle for less than your case is worth. An experienced personal injury attorney can help you calculate the value of your claim and pursue maximum compensation.
Many factors contribute to liability in a motorcycle accident. Florida adheres to comparative negligence as outlined in Florida Statutes § 768.81. This means an individual involved in an accident could be partially at fault and, therefore, liable for a percentage of the damages.
For example, if a motorcyclist were to cause a vehicle to swerve into another lane and hit another car, then the motorcyclist could be held partially liable for that accident. With that said, often, motorcycle accident victims share no responsibility for a crash. You should not be left paying the bills if you were seriously injured in a crash caused by another driver’s negligence.
Our motorcycle accident lawyer in Lakeland, FL can use the evidence they gather to prove the other party’s negligence in causing your crash. They may use:
They may also use their resources and legal standing to gather hard-to-find evidence like phone records and black box data.
If you or a loved one has been injured in a motorcycle crash in Lakeland, FL, it is important to understand the urgency of starting your personal injury case. In Florida, the statute of limitations for filing a personal injury lawsuit is two years from the accident date.
The statute of limitations sets forth how long an individual has to file a lawsuit. If the deadline has passed, you may be unable to pursue legal action against the at-fault party. Insurance companies may also have time limits.
After a motorcycle accident, it is crucial to contact a qualified attorney as soon as possible. Our motorcycle accident lawyer in Lakeland, FL can help ensure that you meet all applicable deadlines in your case and keep your options open for bringing a motorcycle accident lawsuit.
Motorcycle crashes can be incredibly dangerous, often resulting in severe injuries for the victim.
Common motorcycle accident injuries include:
If you or a loved one has been injured in a motorcycle crash, contact our experienced Lakeland motorcycle accident lawyers today to discuss your legal options. We will pursue a fair settlement or verdict for the extent of your medical expenses. You shouldn’t have to bear this financial burden because someone else injured you.
Compared to others on the road, motorcyclists are at increased injury risk when involved in traffic accidents. Even while wearing helmets and protective gear, riders are far more vulnerable to an impact than occupants of enclosed vehicles.
Like any traffic accident, a motorcycle collision may have one or more causes. It is important to identify the primary cause so that blame can be assigned to the appropriate party.
The following are factors that could contribute to a crash:
With our extensive experience in motorcycle accident claims and lawsuits, we are confident in our ability to uncover the cause of your collision.
All motorcycle riders should have a basic understanding of Florida’s motorcycle laws. It’s important to stay current on these laws to ensure your safety and the safety of others on the road.
In addition to the helmet and insurance laws outlined below, you must be aware that while you do not need a special motorcycle license, you must have a motorcycle endorsement on your regular driver’s license.
You’ll need to pass a motorcycle safety course offered by a certified instructor to get this endorsement. If you don’t have a normal driver’s license, obtaining a motorcycle-only license with the endorsement is possible.
Additionally, under Florida Statutes § 316.405, all motorcycle operators in Florida must have their headlights turned on at all times, including during the day.
Lane-splitting, or the practice of riding on the lane lines between cars, is prohibited, and, generally speaking, all motorcyclists must follow the same rules of the road and all traffic laws that operators of other types of motor vehicles are subject to.
In Florida, any motorcycle operator or passenger under 21 must wear an approved motorcycle helmet. Additionally, all motorcyclists must wear protective eyewear. Those over 21 do not need to wear helmets as long as they carry at least $10,000 in medical insurance benefits.
You must wear a motorcycle helmet if you do not have this minimum insurance coverage. Even if you have medical insurance, we recommend wearing an approved motorcycle helmet when riding. Doing so can prevent serious or fatal head injuries in a crash.
As previously mentioned, any motorcycle rider over 21 who wishes to ride without a helmet must have at least $10,000 in medical insurance coverage.
Secondly, all motorcycle riders, regardless of age or whether they wear a helmet or not, must carry the state’s minimum liability insurance coverage:
Note that motorcyclists in Florida cannot purchase the state’s required no-fault insurance, personal injury protection (PIP) insurance; that’s where the $10,000 in medical insurance benefits coverage comes in. This coverage will protect you if you are injured in a motorcycle wreck.
Suffering motorcycle accident injuries can be traumatic and overwhelming. Knowing the appropriate steps to take immediately afterward protects your health and safety and also strengthens your potential legal claim. The following is a comprehensive guide on what to do if you find yourself in this unfortunate situation:
Your safety and health are the top priorities. If you are able to do so, move to a safe location away from traffic to prevent further injury. Check yourself and others involved for injuries and call 911 immediately, even if injuries seem minor. Getting prompt medical attention is essential as some injuries may not be immediately apparent.
Report the accident to the police and request an officer to come to the scene. A police report provides an objective interpretation of the incident and is often crucial for insurance claims and legal proceedings.
If you are physically able, gather as much information as possible from the accident scene. Use your cell phone camera to capture visual evidence of the following:
Also, note the time, date, and weather conditions at the time of the accident.
Collect contact and insurance information from the other motorists involved in the accident, which may include full names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details. If there are witnesses, obtain their contact information as well, as they may provide crucial testimonies later.
Be cautious with your words when speaking to others at the scene. Avoid admitting fault or apologizing, as these statements can be used against you later. Stick to the facts when explaining the incident to the police and other parties involved.
After ensuring your immediate health and safety, contact a motorcycle accident attorney at Dismuke Law. A legal professional experienced in motorcycle claims provides invaluable guidance on how to proceed, gathers and preserves evidence, and negotiates with insurance entities on your behalf.
Report the accident to your insurance company as soon as possible. Provide them with the basic details of the accident, but refrain from providing an official statement or signing documents until you have consulted with your attorney at Dismuke Law.
Build a comprehensive file of all documents related to the accident. This includes medical records, repair estimates, the police report, correspondence with insurance companies, and any expenses related to the accident (e.g., medical bills, motorcycle repairs, rental costs). Keeping detailed records will support your claim and help ensure you receive fair compensation.
Make sure to follow the treatment plan prescribed by your healthcare providers. Show up to all follow-up appointments and physical therapy sessions. Not only is this crucial for your recovery, but it also demonstrates the seriousness of your injuries when pursuing a legal claim.
The aftermath of a motorcycle accident may be a lengthy and complex process. Stay informed about your case and maintain open communication with your Dismuke Law attorney. Patience and persistence are key, as resolving a motorcycle accident claim can take time.
By following these steps, you protect your rights and increase your chances of a favorable outcome. Remember, the actions you take immediately after a motorcycle accident can significantly impact your recovery and your capacity to recover the compensation you deserve.
While many of Florida’s motorcycle laws focus on the riders, there are also specific regulations that apply to passengers. One such regulation mandates that passengers cannot ride on motorcycles designed for solo use.
Regarding helmet use, Florida allows motorcyclists and passengers over 21 to ride without helmets, provided they maintain insurance coverage minimums of $10,000 for personal injuries. Although it’s legally permissible for these riders to choose not to wear helmets, it’s advisable to wear one since the absence of a helmet during an accident can be used against the rider in legal defenses, particularly in cases involving head injuries.
Minors riding motorcycles must wear helmets, unlike their adult counterparts. Motorcycles designed to carry passengers must be equipped with footrests, and passengers need to be able to reach these pegs comfortably. This is important for maintaining balance and ensuring the safety of both the rider and the passenger.
While there is no specific law that forbids motorcycle passengers from being intoxicated, from a legal perspective, riding while intoxicated is not recommended. Intoxication can complicate injury claims, especially if it contributed to the accident or affected the passenger’s ability to remain safely seated.
In cases involving motorcycle passenger injuries in South Florida, several parties might be held liable, including:
Passenger injury claims in Florida often have a straightforward aspect since the accident is seldom caused by the passenger. In these cases, the motorcycle operator’s medical payment coverage can often be used for the passenger, irrespective of fault.
However, to claim under the operator’s bodily injury coverage, negligence must be established. This involves proving that the operator failed to exercise reasonable care, leading to the accident. Examples include speeding, reckless driving, or violating traffic laws, particularly in incidents where no other vehicles are involved.
Personal injuries can affect every part of your life, from your health to your financial stability. At Dismuke Law, we help injured victims navigate complex car accident claims and hold negligent parties accountable.
Our Lakeland Motorcycle Accident Lawyers combine deep legal knowledge with a commitment to achieving meaningful results for our clients. We are proud of our track record and stand ready to fight for the compensation you deserve.
Schedule a free consultation today by calling (863) 250-5050 or completing our online contact form.
Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.
WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!
