Motorcycle Accidents FAQs
The legal team at Flaxman Law Group know all too well that motorcycle accident attorneys are important in Miami, Homestead, Hollywood, and other Florida cities because the state sees so many crashes and devastating injuries. In 2020, Florida had approximately 620,077 registered motorcyclists. Unfortunately, these riders face high risks since Florida leads the nation in motorcycle accident fatalities most years. In 2020, for example, there were 8,045 motorcycle crashes across the state, and these included 552 fatalities.
Motorcycle collisions are so common that the legal team at Flaxman Law Group have put together this FAQ to help you understand the basics of this type of traffic accident. If you have been injured and have questions about your specific accident, call Flaxman Law Group at 866-352-9626 or contact us online to set up a FREE consultation with a Hollywood motorcycle accident attorney.
- What is a Motorcycle Accident?
- What Causes Motorcycle Accidents?
- What Are Common Injuries in Motorcycle Accidents?
- What Should I Do at the Scene of a Motorcycle Accident?
- What If the Other Driver Doesn’t Have Insurance or Doesn’t Have Insurance?
- Will it Hurt My Case if I Was Not Wearing a Helmet?
- How Much Can I Recover for My Motorcycle Accident?
- Do I Need a Motorcycle Accident Attorney?
A motorcycle accident is a type of traffic collision involving a motorcycle. While motorcycle crashes can be single-vehicle collisions, they most often involve a car. Motorcycle accidents can include:
- Truck accidents
- Side-swipe accidents
- Chain reaction accidents
- Head-on collisions
- T-bone accidents
- Rear-end shunt accidents
What Causes Motorcycle Accidents?
Motorcycle collisions can be caused by a few factors, and some crashes have more than one cause. Determining fault is complicated. Most experienced attorneys work with accident reconstruction experts, investigators, and other professionals to find out who really caused an accident. Your collision may have been caused by:
- Driver negligence. Unfortunately, the drivers who share the road with motorcyclists are not always careful. They may be distracted, driving under the influence, or simply not paying attention to smaller vehicles such as motorcycles. They may try to pass or share the lane dangerously, and this can put motorcyclists in life-threatening danger.
- Rider error. Motorcyclists need to get familiar with their bike and to learn to operate it carefully in different conditions. Poorly trained motorcyclists or those who ride while inebriated, distracted, or fatigued put themselves and people around them at risk.
- Mechanical failure. Motorcycles with defective designs or badly maintained motorcycles can fail unexpectedly. They might not also not maneuver correctly, so riders may not be able to prevent a crash.
- Road conditions. Potholes, uneven roads, and other bad road conditions can affect motorcycles more. While a car may roll over a bump with problem, that same bump can cause a motorcycle to spin out of control.
What Are Common Injuries in Motorcycle Accidents?
Motorcycles don’t have airbags, seatbelts, and other protections. In a collision, this can mean riders are at risk of serious injuries, including:
- Traumatic head injuries
- Spinal cord and back injuries
- Internal injuries
- Lacerations and “road burn”
- Soft tissue injuries, such as whiplash
- Facial injuries
What Should I Do at the Scene of a Motorcycle Accident?
Your first step should be to get emergency medical attention if needed. One of the big dangers with motorcycle collisions is a head injury. In many crashes, riders are thrown from their bikes, and even if they’re wearing a helmet, they can hit their head hard enough to cause injury. If you may have hit your head, get emergency medical help. You will also want to contact the police to get a police report written up.
Your second priority is to get documentation. Unfortunately, in many motorcycle accidents, the rider is blamed, even if the crash was not their fault. To prevent this, take photos of the accident scene and surrounding area, if you can. Take photos of your injury and get insurance information from the other driver. Write down as much as you can remember as soon as you can. If there are any witnesses, get their contact information, if possible.
Even if you feel fine after a motorcycle collision, get checked out by an experienced medical professional. Some injuries, including concussions and whiplash, don’t always have symptoms right away. Catching the injury early can improve your outcome by helping you get treatment fast. It can also help you prove your injuries came from your traffic accident.
You will also need to report the crash to your insurer. Before you do so, you may want to consider whether you also want to contact a Hollywood motorcycle accident injury claims attorney or a lawyer in your city. An attorney can help you understand how much your claim may be worth, so you can evaluate any insurance offers. An experienced lawyer can also negotiate with insurers for you and can represent you if you decide to file a claim. His or her job is to seek the fairest compensation for you so you have the money you need to pay for motorcycle repairs, medical costs, and the other bills you will face.
What If the Other Driver Doesn’t Have Insurance or Doesn’t Have Insurance?
Your own insurer may be able to cover the costs of your injury, up to your policy limit, if you have underinsured and uninsured driver coverage. This can even cover you if you’re in a hit-and-run collision where the other driver illegally leaves the scene of the accident.
In this situation, you may also want to a Hollywood motorcycle accident attorney. Your attorney can explore whether you have a third-party claim to recover compensation for your injuries. He and she can also negotiate with insurers for you.
Will it Hurt My Case if I Was Not Wearing a Helmet?
Under Florida law, you must wear a helmet that complies with Federal Motorcycle Vehicle Safety Standards when you ride your motorcycle. The only exemption to this is if you are over the age of 21 and carry at least $10,000 in medical benefits on your motorcycle insurance.
Even if you have the required insurance, it’s a good idea to wear a helmet. It can save your life.
If you are in a motorcycle accident and sustain a head injury and you weren’t wearing a helmet, it could affect your case. Insurance companies may claim the helmet would have prevented your injuries. And even if you get insurance money, $10,000 may not be enough to cover your medical costs if you’re suffered a severe head injury.
If you’ve been injured in a motorcycle crash, you may want to contact a motorcycle accident attorney, especially if you may be partially liable or if you weren’t wearing a helmet. Even if you were well within your rights, you can be sure insurance companies will try to minimize or reject your claim. An attorney can negotiate with them and seek fair compensation for you.
How Much Can I Recover for My Motorcycle Accident?
Motorcycle collisions vary widely, and so does the financial recovery possible in every case. How much compensation you can recover will depend on:
- What caused the accident
- The type of insurance and third-party claims possible
- How severe the injuries are and what they are expected to cost
- The expected long-term costs of your injury
Under Florida law, you may be able to recover compensation for your medical bills and lost wages (including expected future medical costs and lost income), any incidental costs, pain and suffering, property loss or damage, and other costs related to your injury. Compensation in motorcycle accident cases can range from thousands of dollars to millions of dollars. To get an accurate picture about your specific case, contact a Florida motorcycle accident attorney to find out what your case may be worth.
Do I Need a Motorcycle Accident Attorney?
You’re not legally required to hire a Hollywood motorcycle accident attorney if you’ve been in a traffic crash in Hollywood. However, there are some very good reasons why you will at least want to talk to an attorney:
- Motorcycle accidents can be more expensive than you think, and an attorney’s job is to make sure you pursue all compensation you’re qualified for.
- Insurance companies work to keep their shareholders happy, and that means they will try to settle claims for less. An attorney works for your best interests and will work to get the best outcome possible.
- Filing a legal claim involves many complicated steps and an attorney properly takes care of all these steps for you, so you have time to focus on recovering physically
- An attorney understands the law, so they can protect your right to file a claim
- You may be able to recover more compensation with an attorney, because an attorney understands the tactics other parties use to pay you less
The reality is that it is hard for someone without a legal background to successfully file a legal claim or even review an insurance offer, especially if that person is also dealing with a serious injury. An attorney’s job is to smooth the way for you and to get you the compensation you deserve.
Do You Have More Questions?
If you have been injured in a motorcycle crash and have more questions, call Flaxman Law Group at 866-352-9626 to set up a free, no obligation consultation with a Hollywood motorcycle accident attorney. Or contact us online. Our legal team has over 60 years of experience and our offices in Miami, Hollywood, and Homestead serve the entire South Florida area. Our clients appreciate that we have recovered over $100 million over the years, but they often tell us how much they appreciate our care and compassion. If you have been injured, reach out to us to find out more. We’re here to help.