After a motorcycle accident, it’s important to understand your rights. Learn more about how the experienced lawyers at Kogan & DiSalvo will ensure your case is given the attention it deserves and how we will fight for your right to recover financial compensation for your losses.
Motorcycles are a reliable and inexpensive mode of transportation, especially in South Florida. They are easy to maneuver through traffic, and riders save money on fuel costs. They are popular with both locals and tourists. With touring bikes for long trips, dual sports motorcycles for off-roading, and a Vespa or a scooter for getting around short distances in cities, many enjoy the freedom of the open road and riding along the beaches on A1A.
However, despite the allure of the open road, safety remains a significant concern. Riders are exposed to the elements and negligent motorists. They are vulnerable to serious injuries when an accident occurs and may be faced with extensive recovery periods and significant financial burdens.
If you have suffered injuries in a motorcycle accident in Boca Raton due to the negligence or reckless actions of another party, you deserve to be compensated. Schedule a free consultation with a Boca Raton motorcycle accident lawyer at Kogan & DiSalvo by calling (561) 375-9500 today. Our team is ready to review the critical factors surrounding your accident and pursue a claim on your behalf.
The Benefits of Hiring a Boca Raton Motorcycle Accident Lawyer
When you are injured in a motorcycle accident, the last thing you need is a battle with insurance companies. Their business model is dependent on minimizing or denying claims. With a skilled and aggressive Boca Raton motorcycle accident lawyer, you gain a powerful ally in challenging insurance companies and securing the justice you deserve.
Here are three key ways we make a difference:
Challenging Bias Against Motorcycle Riders: The stereotype of motorcyclists as risk-takers is based on the actions of a few reckless individuals and does not accurately represent the entire community. We work hard to dispel this myth and highlight the diverse range of individuals who ride motorcycles, including professionals, students, parents, and retirees. We refuse to let bias or stereotypes dictate the outcome of your case.
Navigating the Tactics of Insurance Companies: Insurance companies are notorious for employing aggressive tactics to coerce victims into accepting low-ball settlement offers. They may impose tight deadlines, threatening to reduce or deny your claim if you do not comply. At Kogan & DiSalvo, we have seen this many times, and we will not be intimidated. We will stand firm against any attempts to undermine your rights.
Maximizing Your Compensation: Our goal is to ensure that you receive a damages award that covers all your losses by investigating every aspect of your case to identify all potential sources of compensation.
Florida Motorcycle Safety Laws
While Florida law does not mandate helmet use for all riders, it requires riders under the age of 21 and those without at least $10,000 in medical insurance to wear helmets while operating motorcycles, according to Florida Statutes, Section 316.211. Further, lane-splitting or riding between lanes of slow-moving or stopped traffic is illegal in Florida, as stated under Section 316.209. Motorcyclists are prohibited from maneuvering between vehicles on the road, regardless of traffic conditions.
With our guidance, you can gain a clear understanding of your rights and responsibilities under the law, ensuring you are well-equipped to pursue your case effectively.
Common Causes of Motorcycle Accidents in Boca Raton
According to data from the National Safety Council (NSC), Florida had the most motorcycle fatalities in 2022. Even though motorcyclists represent 7% of all motorists in Florida, they account for 19% of all fatal traffic accidents. In most cases, driver negligence is the culprit, which includes the following:
Distracted Driving – Texting while driving is a serious safety issue. While hands-free devices help, phones, GPS devices, and other distractions can cause an accident.
Drunk Driving – Drinking and driving is a criminal matter in Florida, but many still violate the law. Drunk driving is so prevalent in Florida that the law requires additional insurance for drivers with DUI convictions. Drunk driving accidents can also involve Dram Shop Liability for the establishment that overserved an individual who then causes an accident.
Aggressive Driving – Aggressive driving includes speeding, leaving little margin of error while merging, tailgating, or other reckless behavior that disregards traffic laws or appropriate safety measures.
Improper Left Turns – These can lead to a side-impact or “T-bone” accident. Vehicles striking the side of a car can be particularly hazardous for occupants as the side panels offer little protection and no protection for motorcyclists.
Speeding – Speeding reduces reaction time to avoid unexpected hazards such as a car door opening into traffic or a vehicle needing to brake suddenly for a child. According to the National Highway Traffic Safety Administration, speeding accounts for nearly one-third of all fatalities (NHTSA). It is a significant factor in the extent of damages caused by an accident.
Sleep Deprivation – Sleep deprivation can have similar effects on a driver as intoxication, such as delayed reaction time and reduced decision-making skills.
Improper Lane Changes – Hitting a motorcycle in the next lane when merging too quickly or slowly, cutting off other vehicles, or crossing multiple lanes can cause an accident. It can also cause motorcyclists to lose control, cross lanes, and even veer into a head-on collision. Side impact accidents from improper lane changes are often due to blind spots.
Inexperienced Driving – Drivers lacking experience may become more easily distracted and may not have the skills to respond to changing traffic conditions.
Running Stop Signs or Lights – A car running a red light or stop sign is at risk of striking a motorcyclist stopped at an intersection.
Failure to Yield – When a driver fails to yield to another driver, motorcyclist, bicyclist, or pedestrian who has the right of way and causes an accident.
Blind Spots – These areareas where the drivers cannot see. In cars, blind spots are usually located at the back or on either side of the vehicle. On large trucks, blind spots are located on either side, in the back, and directly in front of the truck.
Motorcyclists lack the protective barrier of a car or truck, leaving them vulnerable to the impact of a collision. This vulnerability underscores the importance of always staying vigilant and aware of their surroundings.
What to Do After a Motorcycle Accident in Boca Raton
The immediate steps after an accident should be to secure the safety of those involved, including calling emergency medical services if needed. Other steps include the following:
File a Police Report – When the police arrive, they will make a report. Though it does not make the police a witness, it will be important during a settlement negotiation or trial. Give an accurate account of the accident without accepting blame.
Record Your Account of the Accident– Make a video while your memory is fresh, as it may help preserve essential details.
Gather Contact Information of Potential Witnesses – Ensure you get their names and contact information.
Document Evidence at The Scene – The conditions that led to the accident are essential for proving liability, and photos can help provide forensic evidence. Road signs, traffic lights, weather, road conditions, hazards, damaged property, and injuries are relevant and can be immediately documented with a phone.
Seek Medical Evaluation – See a doctor even if you feel fine. Immediately following an accident, you may be in shock, or perhaps the pain is masked by adrenalin. In addition, seeking emergency medical care creates important medical documentation for your claim.
Avoid Common Mistakes – It’s wise not to post social media updates. An opposing party or insurance companies may check social media accounts for evidence to argue liability.
Before speaking with insurance companies or making any decisions regarding your case, consult a skilled motorcycle accident attorney at Kogan & DiSalvo. We will ensure that your rights are protected.
Types of Motorcycle Accident Injuries
Riders can be proactive by wearing a helmet, face shield, glasses, boots, gloves, and jacket. Common motorcycle accident injuries vary in severity, from minor lacerations to life-changing disabilities caused by a spinal injury.
The most common include the following:
Head Injuries – These include brain injuries such as traumatic brain injuries (TBIs), concussions, skull fractures, swelling, or hematomas. The prevalence of head injuries is why Florida has helmet laws today.
Spinal Cord Injuries –The thoracic spine is the most commonly injured spinal region in motorcycle crashes and may cause paralysis.
Road Rash – Motorcyclists thrown off their bikes slide across the pavement or roadway, scraping off layers of skin, even if fully clothed. Skin infections and nerve damage may result, and skin grafting may be necessary to treat injuries. Additionally, muscle damage is possible.
Biker’s Arm – Occurs when a rider is thrown off a motorcycle and raises one arm to protect their face. Motorcyclists are injured because the arm absorbs the full force of the impact, causing broken bones and severe nerve, muscle, and tissue damage.
Knee and Leg Injuries – Fractured and broken bones are common injuries and may also include dislocations, ligament, meniscus, and tendon tears, which may require surgery and immobilization or traction.
Amputations – The loss of limbs may occur in severe cases.
By adhering to safety practices and wearing appropriate gear, motorcyclists can minimize the severity of injuries and improve their chances of a safe ride.
Florida law requires injured motorists to go through their personal injury protection (PIP) insurance.However, PIP is not required in Florida for motorcycles, but it may be included in an insurance policy. Should PIP apply, it will cover up to 80% of medical bills and 60% of lost wages. While PIP is a good resource for many Floridians as “no-fault” insurance, it is capped at $10,000, which would not begin to cover an emergency room visit, subsequent medical bills, lost wages, and other expenses.
When medical bills and other losses surpass PIP, health insurance, and other coverage, you can file a claim against the at-fault driver.
Proving Negligence
The burden is on the plaintiff (the injured motorcyclist) and their attorney to prove the following four elements of negligence:
Duty – The defendant owed you a duty of care, i.e., to drive in a reasonably safe manner.
Breach of Duty – The defendant breached this duty, e.g., driving distracted or intoxicated.
Causation– The breach directly caused your motorcycle accident.
Damages – You suffered damages as a result, e.g., medical bills and lost wages.
Damage awards are intended to make you whole for those losses and are the basis for compensation.
Florida Is a Modified Comparative Negligence Jurisdiction
Florida is now a modified comparative negligence jurisdiction, barring claims in which the plaintiff is determined (by a jury or judge) to be more than 50 percent at fault for the accident (i.e., 51%+). If the plaintiff is found 50 percent or less at fault, their recovery is reduced proportionally to their fault. For example, a driver found 25 percent at fault can still recover compensation, but their award will be reduced by 25 percent in proportion to their fault.
This underscores the need for an accomplished attorney to limit liability for the injured motorcyclist.
Who Can Be Held Liable in a Motorcycle Accident?
Determining fault in a motorcycle accident is not always straightforward. While a negligent motorist may bear responsibility, other parties may have contributed to the accident and resulting injuries:
Other drivers- Even if a motorist did not directly hit a motorcycle, they may have acted recklessly and caused another responsible driver to swerve out of the way to compensate, striking the motorcycle.
A manufacturer may have made a defective part, such as the brakes, that malfunctioned and caused an accident.
Mechanics who negligently repaired a vehicle or failed to diagnose or take action to correct a condition that caused an accident, e.g., defective brakes or steering column.
An employer who forced an employee to excessive hours, such as a trucking or set design company.
Local government authorities that knew or should have known about a hazard that they were responsible for fixing or maintaining. This could include a pothole that caused a driver to lose control.
Statute of Limitations for Motorcycle Accidents in Florida
In Florida, if you are injured in a motorcycle accident, you generally havetwo years from the accident dateto file a claim. Once the statute of limitations expires, you may lose the right to pursue legal action and your opportunity to seek compensation.
If you have questions about the Florida statute of limitations and its impact on your motorcycle accident claim, speak to a Boca Raton motorcycle accident attorney at our firm as soon as possible after your accident.
Potential Compensation
An injured motorcyclist may be eligible for the following damages:
Property Damage: This encompasses repairs or replacement costs for your motorcycle and any other damaged property involved in the accident.
Medical Expenses: Coverage for emergency medical treatment immediately following the accident, ongoing medical care, rehabilitation, and therapy to aid recovery.
Disability: Disabilities such as paralysis caused by spinal cord trauma, partial limb amputation, and other debilitating injuries are also recoverable.
Lost Wages: A motorcycle accident can result in lost wages and future lost wages. Even if the victim can return to their job, they may need to work part-time until they fully recover, which may be recoverable.
Pain and Suffering: The physical and emotional pain that is suffered because of the accident.
Mental Anguish: The high degree of psychological trauma that is common after an accident may be recoverable.
Wrongful Death
In the event of a fatality resulting from an accident, the family may have the option to pursue a wrongful death action. In addition to the damages mentioned above, some of the potential damages available in a wrongful death action include:
Loss of support and services: This can include lost wages, benefits, and other earnings; loss of childcare or care for a disabled spouse; or other services for family members.
Loss of decedent’s companionship and protection
Loss of parental companionship, instruction, and guidance
Funeral expenses
A Boca Raton motorcycle accident attorney can help the family of the deceased file a wrongful death lawsuit following a motorcycle accident fatality.
At Kogan & DiSalvo, we employ a comprehensive approach to building robust cases for our clients:
–Filing the Claim: We will assist you in filing your motorcycle accident claim promptly and accurately. Our attorneys understand the importance of adhering to deadlines and will ensure all necessary paperwork is submitted on time.
-Gathering Evidence: Evidence is critical in proving liability and demonstrating the extent of your damages. Our legal team will thoroughly investigate your accident, gathering evidence, including the police report, cellphone records, dashcam and surveillance videos, witness statements, photographs of the scene, and medical records.
-Negotiating with the Insurance Company: Our experienced negotiators will work tirelessly to secure a fair settlement that adequately compensates you for your injuries and losses. We will fiercely advocate for you and push back against any attempts by the insurance company to undervalue or deny your claim or impose liability.
Finally,we will take your case to trial if a fair settlement cannot be reached through negotiation. Our trial attorneys have extensive courtroom experience and will present a compelling case on your behalf. We will meticulously prepare for trial, gathering additional evidence, preparing witnesses, and developing persuasive legal arguments to maximize your chances of success in court.
Schedule a Free Consultation Today
Motorcycle accidents can result in serious injuries, impacting your physical well-being and financial stability. Our attorneys are dedicated to helping victims and their families recover compensation for economic damages such as medical expenses, and lost wages and non-economic damages like pain and suffering.
With the help of an experienced Boca Raton personal injury lawyer, you can focus on recovery while we handle the legal complexities. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
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If you are injured and unable to come to us, our attorney will come to you - there is no charge for us to do so.
