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There is a high frequency of motorcycle-vehicle accidents in Florida. In these kinds of accidents, the motorcyclist often ends up with the worst injuries and property damage. To ensure a complete and equitable recovery in their personal injury case, motorcyclists injured in accidents caused by careless drivers must move quickly to get legal representation so that they may assert their rights and seek compensation for a variety of damages incurred as a result of the incident.
Tragically, motorcyclists often aren’t able to collect the evidence necessary to construct a solid case for damages after suffering catastrophic injuries in these incidents. Does it ring a bell? If that’s the case, you need to safeguard your right to compensation by engaging an attorney who is well-versed in motorcycle accidents as quickly as possible.
Read More: How Does a Motorcycle Accident Case Work from Start to Finish?
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To Do After The Accident
Injured in a motorbike accident in Florida? Here’s what you need to know.
Actions to Do Right Away
You must contact the authorities immediately after a motorbike accident. If you are pursuing damages in a personal injury lawsuit, you may need to refer to the official record of the accident that the police will compile. Take pictures of the wreckage, including your motorbike and the other car, using your mobile phone if you have one. While riding, keep your helmet on. Taking off your hat might aggravate an injury.
Get the other driver’s contact information, including their insurance provider. No matter how courteous you were, an apology might be used against you. So, refrain from apologizing. Obtain the name and contact details of everyone who claims to be a witness. A simple technique to capture contact information is to snap images of driver’s licenses and insurance cards.
Seek the advice of a medical professional. Even if you don’t believe you’re really hurt, you should still think about visiting a hospital. Your injuries or shock may not be immediately apparent after the accident. The first adrenaline surge could make some individuals completely oblivious to the discomfort. The medical staff at the hospital can detect concussions even if you aren’t aware that you’ve had one.
During the First Few Weeks
In the coming weeks, contact your insurance provider and provide them with all the information they need on the accident, including the other driver’s data and any photos taken at the site. To further safeguard your interests, you should seek the counsel of an attorney. Even though you’re probably not considering filing a personal injury claim right now, your lawyer may start working to have your medical expenses paid for and your lost income compensated as soon as possible.
To Do in a Trial, Negotiation, or Litigation
Your lawyer will guide you through the information about this timeframe.
- The accident and its cause.
- The injuries you got, your medical treatment, its reports, and more.
- You may incur out-of-pocket costs for medical care, missed wages, or other circumstances.
Your attorney will often gather and examine your medical records and invoices after you have finished treatment before drafting a settlement demand. Your lawyer will speak with you before negotiating with the other driver’s insurance adjuster to attempt to get a reasonable settlement for your claim. After that, your attorney will give you their professional opinion on whether to settle out of court or proceed with a lawsuit.
Your attorney and the opposing attorney will conduct witness statements, depositions, and evidence gathering during the discovery phase in the event that a lawsuit is filed. Your attorney will likely attempt to bargain with the opposing counsel even after a lawsuit has been filed. There is still the option of going to a neutral third party for mediation, where both parties may try to work out their differences. You won’t have to resort to litigation until all other options have been exhausted.
Biker’s Rights
Victims of motorcycle accidents often report feeling bewildered and overwhelmed after experiencing such a horrific experience. When dealing with insurance providers, it is very important to know your rights and how to safeguard your possessions. Following an accident, motorcyclists have the following general rights:
- You should be able to get the medical attention you need for your injuries without delay.
- You are allowed to propose an insurance claim either with your own insurer or with the insurance company of the party responsible for the accident.
- Medical invoices, missed wage, property deterioration, and emotional distress, are compensable under the law.
- Everyone has the right to an attorney who can explain the law to them and fight for their best interests as they go through the lengthy and complicated judicial system.
- Refusing a lowball settlement offer allows you to seek reasonable compensation via negotiation or litigation rather than settling for a fast fix.
When You’re At Fault
Even if you caused the accident, your motorbike insurance will pay for your medical costs and lost income for up to two years, subject to the policy’s limitations. Any injuries or bills incurred as a result of injuries sustained by another motorist will be covered by your liability insurance.
Read More: Navigating the Gray Area: Can Motorcyclists Legally Split Lanes in Texas?
When It’s Not Your Fault
You may have up to two years of medical costs and lost income covered by your own motorbike insurance if you’re not at fault. (Extensions of coverage for medical expenses beyond two years may be possible. When your own insurance doesn’t cover all of your medical costs or pain and grief due to a physical injury, the other driver’s insurance will kick in.
You may sue for damages if your insurance doesn’t pay for the repairs to your damaged property, lost income, or medical expenses. You may be able to sue the at-fault motorist for their willful or wanton carelessness and collect punitive damages.
Contact a Motorcycle Accident Lawyer Today!
A motorbike accident might turn your life upside down, and insurance provisions might be complex. In this difficult moment, you need an ally who will stand up for you and guide you. Lytal, Reiter, Smith, Ivey & Fronrath – Motorcycle Accident Lawyers can assist you in getting the best possible result in your case. For clients like you, we have successfully processed hundreds of injury claims, ensuring that you get just compensation for your injuries.
You have rights following a motorbike accident, and we’re here to assist you in preserving them. To win your case, we collaborate with you to develop a strategy and relentlessly advocate for you. To arrange a free first consultation, please contact our office immediately.