If you were injured in a motorcycle accident, or someone you love died in a motorcycle accident, you could be eligible for financial compensation. Getting into a St. Petersburg motorcycle accident can have lasting effects of permanent or serious injury, property damage, and even death.
Our skilled team of Florida motorcycle accident attorneys at Lewis & Castagliola, P.A. understand how to recover from the financial costs suffered as a result of a motorcycle collision in Florida. Our legal resources and experience can help you or an injured loved one file a motorcycle accident claim to seek just compensation for you and your family.
St. Petersburg, FL Motorcycle Accident Personal Injury Claims
Florida law states that injured motorcycle riders can be entitled to seek compensation if their accident occurred due to the fault of a negligent motorist.
If you were involved in an accident, Florida law entitles you to financial compensation by holding the at-fault party responsible for your injuries and other losses. If your accident occurred due to faulty motorcycle parts or construction, you could be eligible to file a claim against the motorcycle manufacturer because of their product liability. If your crash was caused by faulty roads, you might be eligible to file a claim against the responsible entity. A St. Petersburg personal injury attorney can help you determine who’s liable for your crash injuries.
Filing A Motorcycle Accident Claim
Getting into a motorcycle accident can be dangerous. If you were involved in a motorcycle accident, you would likely need extensive medical treatment and motorcycle repair costs and could lose wages due to time missed from work. For debilitating injuries, long-term care may be required, and this will complicate the process of determining a fair settlement of your expenses.
A St. Petersburg motorcycle accident attorney can represent your interests in negotiations and litigation. Our seasoned motorcycle law team at Lewis & Castagliola, P.A. can help you begin the process of seeking just compensation for your damages.
Florida Motorcycle Accident Damages
Damages refer to the losses you’ve been subjected to because of a motorcycle crash. Generally, your motorcycle accident lawyer will try to recover the following compensable losses after your collision:
- Medical bills
- Medical transport costs
- Hospital care
- Property damage
- Lost wages
- Repair or replacement costs
- Pain and suffering
- Wrongful death compensation
St. Petersburg, FL Motorcycle Accident Law
Personal injury laws vary by state. All motorcycle accident cases hinge on the concept of negligence and the laws governing the state where it occurred. In Florida, injured motorcyclists can seek compensation when their injuries occur due to another party’s negligence.
Negligence refers to any behavior, action, or influence that makes an individual or party at fault due to a breach of their duty of care. In order to recover damages in a personal injury claim, you and your legal team have to demonstrate how the other party breached their duty of care.
Florida Statute Of Limitations For Motorcycle Accident Claims
A statute of limitations is the law that governs the amount of time someone has to take legal action in the aftermath of an accident or crime. The following statutes of limitations refer specifically to Florida motorcycle accident law:
- Injured motorcycle riders have up to four years from the date of the motorcycle accident to pursue legal action for compensation in a personal injury claim or tort
- Surviving family members have up to two years after the date of a deceased motorcyclist’s death to file a wrongful death claim
- Injured motorcyclists in Florida have up to four years to file a product liability claim
- If your accident happened as a direct result of poor road conditions, or the fault of a government driver, you have up to three years to file a lawsuit against the appropriate government entity
Steps To Take After A Motorcycle Accident In Florida
There are several steps you can take to recover from your injuries, get the care you need, and make sure you’re properly compensated for your accident injuries. Following certain steps recommended by our personal injury attorneys can help you protect your rights in the event of an accident and prepare you to make a strong case:
Seek Medical Attention
The first thing you can do to protect yourself after a motorcycle crash is to assess yourself for any injuries. If you or anyone else is injured, call 9-1-1 to request emergency medical services.
Even if your injuries seem minor, it’s imperative to have an accident injury assessed by medical professionals. It may be worse than it seems, especially if it’s a head injury.
Call The Police
If you get into an accident, it’s important to call the police and report the incident. According to Florida Statute § 316.066, you are legally obligated to report any accident that results in injuries, total property damages of $500 or more, or any vehicle requiring towing.
St. Petersburg law enforcement officers can write up a formal police report, including vital details about the scene of your motorcycle accident. The police report will also include important information about the other involved motorists. A police report can serve as a useful piece of evidence to uphold and establish your Florida motorcycle accident injury claim.
Collecting the names, phone numbers, insurance details, vehicle information, and license plate numbers of other motorists involved in the accident can be vital to establishing your claim. Statements from any eyewitnesses can also be used to corroborate the details of the accident.
It may also be in your best interest to keep a journal of any details you can remember about the scene of the accident and the moments leading up to it. Use your phone to capture videos and photos of the following for your records:
- Accident scene
- Any signs of foul play, alcohol, drugs, or other distractions that cause accidents
- Skid marks
- Positions of the vehicles
- Motorcycle accident injuries
- Property, motorcycle, and vehicle damage
- Screenshots of your recent calls
- Traffic signs
- Weather conditions
Contact A St. Petersburg Motorcycle Accident Lawyer
One of the most important calls you can make after getting into a motorcycle accident is to an experienced Florida motorcycle accident attorney. A St. Petersburg motorcycle accident lawyer will recommend calling an attorney before calling your insurance company or giving any statements. If you contact your insurance company first, avoid providing any sort of statement or admission of guilt.
Choosing The Right St. Petersburg Motorcycle Accident Attorney
Having diligent legal representation can make all the difference in your claim. Seeking legal recourse without an attorney with a strong track record of securing compensation for injured motorcyclists and surviving family members can be difficult. Finding the right attorney can be the difference between being awarded a fair settlement and suffering with expenses.
Florida Motorcycle Accident Claim FAQs
Motorcycles are different from the average motor vehicle because they provide less safety and protection for their riders. In the event of a crash, this may lead to severe motorcycle accident injuries. For more information about personal injury claims for motorcycle accidents in Florida, read on for our most frequently asked questions:
What Are the Most Common Injuries Caused by Motorcycle Accidents in Florida?
Common injuries from motorcycle accidents include:
- Broken bones and fractures
- Severe head trauma
- Road rash
- Eye and neck injuries
- Traumatic brain injury (TBI)
- Spinal cord injury
- Damage to internal organs
- Internal hemorrhaging
A traumatic brain injury can have devastating effects on your health and life. St. Petersburg motorcycle accident injuries can drastically affect your life. That’s why it’s crucial to understand the causes of your accident, and your options moving forward.
What Causes Motorcycle Accidents In Florida?
Motorcycle accidents frequently occur as a result of inattention and negligence. Common causes of motorcycle accidents in Florida include:
- Failing to notice motorcycles on the roadways
- Poorly maintained roads
- Aggressive drivers
- Distracted driving
- Failing to adhere to traffic rules and signals
- Improper lane changes
- Failure to check blind spots
- Defective motorcycle parts
- Driving under the influence of alcohol
Distracted driving is believed to be one of the greatest causes of motorcycle accidents, along with the failure of other motorists to notice motorcycles on the roadways. Speak with a St. Petersburg injury attorney about the causes of your accident today.
How Does Alcohol Impairment Affect Motorcycle Accidents?
Alcohol impairment is involved in 34% of motorcycle crash deaths. In 2020, alcohol-impaired crashes were responsible for 5,579 motorcycle accident fatalities. If you want to avoid collisions with other motorists, be sure to keep your full attention on the road, be attentive to surrounding drivers, and avoid drinking and riding.
What Are the Motorcycle Accident Rates in Florida?
Florida is home to the second-highest number of registered motorcycle riders in the United States. With 645,012 registered motorcycle riders in 2021, Florida had 583 motorcycle accident-related fatalities. There were 8,624 motorcycle accidents in Florida in 2021, which amounts to an average of nearly 24 crashes per day in the state.
Florida does not currently have the highest rate of motorcycle-related deaths in the U.S., but it is among the top states for motorcycle accidents, along with California, Texas, Louisiana, and Mississippi. Florida has the fourth-highest rate of motorcycle crashes in the nation. Your personal injury lawyer can help protect you in the event of motorcycle accidents or wrongful death claims.
Does Florida PIP Insurance Cover Motorcycles?
Personal injury protection (PIP) coverage is required in Florida for all motor vehicles, but this doesn’t apply to motorcycles. If you or a family member were hurt in a motorcycle crash in Florida due to another’s negligence, you can try to seek compensation from a personal injury claim to cover those damages.
How Long After A Motorcycle Accident Can You File A Claim In Florida?
Florida law allows you to file a claim for personal injury up to four years from the date of the incident. However, this differs depending on the circumstances that contributed to your motorcycle crash. That’s why a St. Petersburg motorcycle accident lawyer may recommend that all injured persons file a claim as soon as possible to ensure they have the best chance at securing a settlement offer.
What’s The Average Settlement Amount For A Motorcycle Accident?
The settlement amount for motorcycle accident cases varies depending on a number of factors. Whether negligence was involved, whether you were at fault in the accident, and the extent of your injuries will play a large role in determining what you’re entitled to.
Speak with a St. Petersburg motorcycle accident lawyer at Lewis & Castagliola, P.A. for a free consultation today.