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There is nothing quite like the freedom experienced when riding a motorcycle. The downside is that motorcyclists are particularly vulnerable to accidents, oftentimes resulting in serious injury or death.
Although we can’t reverse the impacts of the accident, we can help you recover compensation to cover medical bills, lost wages, pain and suffering, and more. A Homosassa Springs motorcycle accident attorney at Kogan & DiSalvo will protect your rights while fighting for you to receive the maximum amount of compensation for your injuries.
Florida’s year-round good weather makes it an ideal place to ride motorcycles. Unfortunately, the popularity of motorcycling in Florida also makes the state number one in motorcycle fatalities, as per the National Safety Council. According to the Florida Highway Safety and Motor Vehicles Department, there were 9,525 motorcycle crashes in 2023, of which 605 proved fatal.
From 2018 to 2022, Citrus County averaged 112 motorcycle accidents and eight fatalities annually. In fatal crashes, most riders were not wearing a Florida Department of Transportation-compliant helmet. Most motorcycle crash fatalities took place in May and September.
Many motorists who end up in a collision with a motorcyclist allege they did not see the motorcycle. That inability to see a motorcyclist may result from perceptual issues or “inattention blindness.” A motorcycle approaching head-on does not occupy much of a car or truck driver’s vision, especially when there are multiple things a driver is paying attention to on the road. The brain also perceives smaller objects as further away than they are. The bottom line is that a driver cannot see what their brain does not perceive.
Other common causes of motorcycle accidents in Homosassa include:
Motorcycle accidents often cause serious injuries because of the lack of protection an enclosed vehicle provides. Many of these injuries are permanently disabling. Common types of motorcycle accident injuries include:
Unfortunately, motorcycle accident injuries can prove fatal. In Florida, the personal representative of the deceased’s estate can file a wrongful death lawsuit against the at fault parties on behalf of surviving relatives.
Under Florida law, anyone operating or riding a motorcycle must wear protective headgear meeting federal motorcycle safety standards. Anyone driving a motorcycle must wear an approved eye protection device. However, those over age 21 may operate or ride a motorcycle without protective headgear if they have an insurance policy providing for at least $10,000 in medical benefits if they are injured in a crash. Note that $10,000 does not go far in covering medical expenses in the event of serious injury.
The Citrus County Sheriff’s Office has partnered with the Florida Department of Transportation to bring the Safe Motorcycle and Rider Techniques (SMART) program to county residents. SMART training is designed to “help students demonstrate safe motorcycle riding techniques by negotiating commonly found street riding situations in a controlled and skill-oriented manner.”
Florida’s no-fault insurance regulations do not apply to motorcycles. That means that an injured motorcyclist can file a personal injury lawsuit against the at-fault party even if their medical expenses are below the mandatory $10,000 PIP minimum that motorists must carry.
Florida operates under a modified comparative negligence standard when it comes to liability. Even if you are partly at fault for the motorcycle accident, you can still receive compensation if your percentage of fault does not exceed 50%, as determined by a judge or jury. Any award is reduced by the plaintiff’s percentage of fault. For instance, if it is determined that you are 25% at fault for the collision, a $100,000 award is reduced to $75,000.
Compensation is determined by factors including age, injury severity, prognosis, and employment status at the time of the crash, among other considerations. The types of compensation available in motorcycle accident cases include:
To win your personal injury lawsuit, you need strong evidence. While it is best to start collecting evidence at the accident scene, that is not always possible when the motorcyclist is seriously injured.
If possible, document the accident scene by taking photos and/or videos of the crash site, your motorcycle and the vehicle involved, and your injuries. If there are eyewitnesses, obtain their names and contact information. Exchange names, insurance details, addresses, and contact information with the driver.
Always seek immediate medical attention after a motorcycle accident. While the most severely injured motorcyclists will have first responders take them to the nearest emergency room, some motorcyclists may initially think they were not hurt badly. Many injuries, even serious ones, do not appear right away. Adrenaline rushing through the body after a crash can mask pain levels.
For your own health and for building a strong motorcycle accident claim, go to the ER or an urgent health care facility at once. Insurance companies are notorious for claiming that injuries not treated promptly are either not that serious or result from another cause.
Your lawyer will obtain and review police and medical records. They know a fair settlement amount based on the circumstances of your case and have the expertise to negotiate with insurance companies on your behalf.
It is often difficult for motorcyclists to get a fair settlement from an insurance company. Many insurers are inherently biased against motorcyclists. From their perspective, motorcyclists are more reckless, usually at fault, and bear responsibility for engaging in a pursuit with a high rate of injury. There is an assumption that the motorcyclist may have been breaking traffic laws. That is why you need a seasoned attorney on your side to represent and fight for you.
Your attorney identifies all the potential defendants in your case. For example, if dangerous road conditions or malfunctioning traffic signals caused or contributed to the accident, the city may be held liable.
The at-fault party’s insurance company may allege that certain injuries, such as an injured back, resulted from a pre-existing condition to avoid paying compensation. That minimizing of injuries is typical of insurer bias against motorcyclists. We counter efforts to enhance your liability and reduce compensation.
Your attorney may hire experts, such as accident reconstruction specialists, to reveal just how the collision happened via 3D models and other technology. Medical experts will testify about the extent of your injuries, prognosis, and long-term care needs. An economic expert witness may testify about how your injuries affect your ability to work in your current occupation or whether you can work at all due to disability.
In Florida, the statute of limitations for filing a personal injury lawsuit is two years from the accident date. For a wrongful death lawsuit, the statute of limitations is two years from the date of death.
Do not wait too long to hire legal counsel. Waiting too long can mean that valuable evidence to prove your case vanishes. For instance, municipal and commercial surveillance videos documenting the crash are often erased after 30 to 60 days.
If you or a family member were seriously injured in a motorcycle accident because of another party’s negligence or recklessness, you need the services of an experienced Homosassa Springs personal injury lawyer at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation. Although most claims are settled, we will take your case to trial if necessary.
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.
