Motorcycle Accidents

Video Transcription: Whether you are on a motorcycle and injured or whether you are in a car and you are hit by a motorcyclist. The person who is not at fault for the accident and has sustained injuries is entitled to be compensated under Florida law for those injuries.

Video Transcription: This scenario's known as the phantom vehicle, and if you have uninsured motorist coverage specifically on your motorcycle, then yes, you'll be able to make an uninsured motorist claim through your policy.

Video Transcription: Florida operates under a comparative negligence system, so yes if you're not wearing a helmet or if you're in a car not wearing a seat belt and you sustain injuries your compensation can be decreased by the amount of negligence attributed to those actions committed by you. In this case failing to wear a helmet, or in the case of a car failing to wear a seat belt.

Transcription: Oftentimes the insurance company's initial offer is extremely low. In fact, sometimes many offers go back and forth: counteroffers, counter-demands, etc. I suggest you consult with an attorney before accepting any offer made by an insurance company, especially the first offer.

Video Transcription: If you've sustained injuries as a result of a motorcycle accident, then the statute of limitations is four years. If the motorcycle rider dies as a result of the accident, however, the estate will have two years to bring a wrongful death claim from the date of the death.

Video Transcription: This is a not uncommon experience. Oftentimes when you're injured as a result of a motorcycle accident or even a car accident those injuries might not manifest for days or sometimes weeks afterwards. Another similar occurrence is that the injury may be minor to begin with but as time progresses it gets worse and/or it simply does not go away, it doesn't resolve itself. Either way if you're experiencing pain as a result of an accident, seek medical attention and then contact an attorney, consult with them, see what your options might be.

Video Transcription: Yes, even if you were not wearing a helmet, if you were in injured in an accident that was not your fault, you can still bring a claim against the at fault party. Florida operates under a comparative negligence system so the fact that you did not wear a helmet may contribute into reducing the amount of your compensation but it will not preclude you or bar you from bringing a claim.

Video Transcription: The fact that you do not have a motorcycle license does not bar you from bringing a claim for your damages if you've been injured as a result of an accident in which you are not at fault.

Video Transcription: Yes you can. Throughout Florida, there are many cases on point. Here in the Tampa Bay area, the case is Jedlicka. What that case held is that even though you're supposed to have insurance and don't, you're still entitled to recover 100% of your damages.

Video Transcription: Lately we've noticed a trend where our clients are receiving very broad HIPAA releases. They are allowing the insurance companies to obtain a lot of medical records, some of which they're not entitled to. Additionally, these releases are then giving them authority to further transmit your medical records to third parties, whether that be another insurance company or even governmental agencies. I strongly suggest, before signing a release, that you consult with an attorney, that way your rights are protected.

Video Transcription: Short answer, bring everything. Everything includes any photographs you might have taken, any medical bills you might have received, if you have any correspondence from an insurance company, if you had a prior attorney, any correspondence from that attorney, anything and everything associated with that claim, bring to your consultation. It helps your attorneys jump out in front of the case and they don't have to wait weeks or months for these documents to be sent through the ordinary course of business. If you have it, bring it.

Video Transcription: Uninsured or underinsured motorist coverage, also known as UM, comes into play when the at-fault driver either doesn't have bodily injury coverage available for your injuries, or the coverage that the at-fault driver does have is insufficient to cover all of your damages, in which case your UM policy would step up to the plate and pay money for those damages.

Video Transcription: Unfortunately if you're involved in a Florida motorcycle accident you're generally severely injured. A lot of times I urge my family and my friend and clients to document everything at the scene. This is simply not possible if you're severely injured. A lot of times you're incapacitated, you don't wake up until you're in a hospital. If that's the case, know this you maybe entitled to significant compensation for those injuries if you're not at fault. In order to protect your rights I would recommend not speaking with any insurance companies until you can so with an attorney first.

Video Transcription: When there's an injury as a result of a motorcycle accident, the injured party has a right to sue in Florida. If that person dies however, the decease state has standing to bring a case. Florida's wrongful death act however has a lot of requirements that must be adhered to in order to prosecute that claim. I strongly suggest you consult with an attorney before doing so.

Video Transcription: If the other person's uninsured, then your personal injury protection benefits policy will pay eighty percent of your medical bills and sixty percent of your lost wages up to the policy limit. Beyond that, if you have uninsured motorist coverage it would pick up any balances remaining. If you don't have uninsured motorist coverage then you would seek to recover any damages from the at fault party individually. You may sue that individual. You may obtain a judgment for your damages. However, collecting that judgement can be extremely difficult. I always urge my family and friends and clients to purchase uninsured motorist coverage specifically for their motorcycle.

Video Transcription: Just like in a car accident there are several issues that must be addressed. If liabilities clear, you still have many issues and damages to resolve. "How much am I entitled to for pain and suffering? Am I entitled to anything for future medical bills? What are my future lost wages? Do I have a claim for loss of consortium? Do I have a claim for future loss of earning capacity?" There's a whole host of issues that a Florida personal injury attorney can still assist you with even if liabilities clear.

Video Transcription: Unlike a family law attorney or a criminal law attorney, who charges an upfront fee or retainer and bills against that, when you hire a personal injury attorney, you generally don’t have to pay anything upfront. That's because most personal injury attorneys operate under a contingency fee agreement, meaning they get paid when there's a settlement, based off of a percentage of the settlement.