Fort Myers Motorcycle Accident Attorney Advocating For You
While a car offers a steel cage for protection, you are completely exposed to the forces of a collision when riding a motorcycle. This lack of a protective barrier means a motorcycle crash often leads to severe and unique injuries. Some of which include traumatic brain injuries, spinal cord injuries and severe road rash. These afflictions can result in massive medical bills, lost income, and long-term pain and suffering. When you’ve been a victim of an accident, it’s not just a personal injury; it’s a battle for your financial and physical future.
At Patrick McLain Law, our lawyers have extensive experience handling personal injury lawsuits for all types of motor vehicle accidents. However, we understand that your motorcycle accident claim presents unique concerns. For instance, a defendant’s legal team may try to exploit a bias against riders to reduce their client’s liability. Our firm leverages its experience as talented trial litigators to counter these tactics and pursue the full compensation you deserve.
Legal Factors Affecting Your Claim
A motorcycle accident claim is a complex legal matter, and specific Florida laws can significantly impact your case.
Motorcycle Insurance And The No-Fault System
Unlike cars, motorcycles are not required to carry personal injury protection (PIP) insurance under Florida’s financial responsibility law. This means riders are not part of the state’s “no-fault” system. To recover for your injuries, you must prove the other driver’s negligence. Our team has the skills to build a strong case for your claim.
Florida Helmet Law
Riders over 21 with at least $10,000 in medical insurance are not required to wear a helmet. However, failing to do so could still be used by the defense to argue that you were partially at fault for a head injury. This ties into Florida’s comparative negligence law, which can reduce your compensation based on your percentage of fault. For example, if you are 20% at fault, your motorcycle accident settlement will be reduced by 20%. Our team is accustomed to these tactics. Our motorcycle accident attorneys are ready to argue against such claims to protect your recovery.
Common Causes Of Motorcycle Crashes
Many motorcycle accidents are not the rider’s fault. They are often caused by drivers of other vehicles who fail to see motorcyclists. Some of these accident types are:
- Left-turn accidents: A car turns left in front of an oncoming motorcycle, misjudging its speed and causing a head-on collision or a sudden crash.
- Dangerous lane changes: Drivers fail to check their blind spots, merging or swerving directly into a motorcyclist’s path.
- Distracted driving: A moment of inattention from a driver can lead to a devastating collision with a motorcyclist.
- Hit-and-run accidents: A driver strikes a motorcyclist and flees the scene, leaving the injured rider without the necessary insurance information to file a claim.
Our motorcycle accident lawyers are ready to build a case that proves you are not at fault for your accident.
Determining Your Case’s Value
After a crash, you might wonder: How much is my motorcycle accident case worth? This is a frequent question we hear from our clients. However, there is no definite answer for this; the value of your claim is determined by many factors.
The most important aspects are the severity of your injuries, the cost of your medical treatment, your lost wages and the extent of your pain and suffering. As your motorcycle accident attorneys, we work to identify all available economic damages and noneconomic damages to build the strongest possible claim for you.
Your case is also highly time-sensitive. In Florida, the statute of limitations for a personal injury lawsuit is generally two years from the date of the crash. Failing to file your claim within this period could forfeit your right to seek compensation. This is why it is vital to contact a lawyer as soon as possible after a crash.
The Cost Of A Motorcycle Accident Lawyer
A common concern of victims is the cost of hiring a motorcycle accident attorney. At Patrick McLain Law, you pay nothing upfront. We handle cases on a contingency fee basis. This means we only get paid if we secure a successful motorcycle accident settlement for you. This allows you to focus on your recovery without the added stress of legal fees.
Speak With A Motorcycle Accident Attorney Today
After a motorcycle crash, taking immediate steps such as seeking medical attention and preserving evidence is crucial. You also need a skilled attorney on your side.
We have represented countless riders in Fort Myers and throughout Southwest Florida, helping them manage the legal system with confidence. Contact us today for a free legal consultation. Call us at 239-737-3735 or send us an email. We can help you understand your rights and hold the responsible party accountable for their negligence.