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Palm Bay Motorcycle Accident Attorney

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Motorcycle rider holding a helmet facing a black motorcycle

South Florida’s spectacular weather and beautiful scenery make it a great place for motorcyclists to ride. However, that enjoyable outing can turn into tragedy in seconds if you are a victim of a Palm Bay motorcycle accident. In 2021, the Florida Department of Highway Safety and Motor Vehicles reported 288 motorcycle accidents in Brevard County.

Consider yourself fortunate if you survived the collision since many motorcyclists succumb to their injuries after getting hit by a much larger vehicle. A Palm Bay motorcycle accident lawyer at Kogan & DiSalvo will help you during this difficult time and fight so that you may receive the compensation you deserve for your injuries.

Types of Motorcycle Accidents

A woman with a head injury after a motorcycle accident being examined by a police officer

The shell of a car or truck offers some protection to occupants when an accident occurs. That is not the case when a motorcycle is involved. Motorcyclists are just far more vulnerable.  

The four most common types of motorcycle accidents include:

  • Head-on collisions
  • Rear-end collisions
  • Side swipes
  • T-bone collisions

Any one of these motorcycle accident types can result in severe injury or death.

Motorcycle Accident Causes

A view from the drivers seat of a motorcycle approaching a car on the street

Common causes of motorcycle accidents include:

  • Speeding –Excessive speed is a factor in many motorcycle accidents, especially those involving fatalities.
  • Left-Hand turns –More motorcycle accidents happen when cars make left-hand turns than any other type of road situation. The turning car usually hits the motorcycle when the bike is heading straight through the intersection, or passing or attempting to overtake the car.
  • Dooring–This occurs when the driver or passenger in a vehicle parked on the side of the road opens their door into the motorcyclist’s path.
  • Lane-splitting –When stuck in a traffic jam, the motorcyclist might not want to wait, and choose to lane-split. This kind of motorcycle maneuver is a common cause of accidents because automobile drivers are not looking for motorcyclists to pass them when the lane is moving slowly. When lane-splitting, there is very little room to move the bike. It does not take much for a car to knock the motorcycle into oncoming traffic. Dooring often happens to motorcyclists who are lane-splitting. While legal in some states, lane-splitting is illegal in Florida.
  • Dangerous conditions–As motorcycles are far less stable than other types of motor vehicles, bad road conditions particularly affect them. Uneven pavement or roadway debris may not cause much trouble for a car or truck but can prove deadly to motorcyclists.
  • Blind spot collisions–Unfortunately, many automobile and motorcycle collisions occur because the car driver simply did not see the rider. These accidents often occur at intersections. Vigilance is the best way to avoid blind spot collisions.
  • Defective vehicle–Sometimes, a defect in the motorcycle or its parts is the direct cause of the accident. In such cases, the manufacturer, dealer, or repair service may prove liable.

Of course, drunk or distracted driving on the part of motorists contributes to many motorcycle accidents in Palm Bay. Driver inexperience also plays a role in some collisions.

Common Injuries

Doctor in a hospital reviewing screens showing a brain injury

For many motorcycle accident victims, a serious injury may bring about the end of their lives as normal, functioning human beings. Catastrophic motorcycle accident injuries are often of such magnitude that supportive care, wheelchairs, or other necessities are required for the rest of their lives. Even those who do recover fully from a devastating injury have a long road to recovery.

Common motorcycle injuries include:

  • Amputation
  • Broken bones
  • Burns
  • Disfigurement
  • Internal organ damage
  • Spinal cord injury
  • Traumatic brain injury

How Motorcycle Accidents Differ From Other Personal Injury Cases

An empty courtroom facing the judge's bench

In Florida, automobile drivers must carry Personal Injury Protection (PIP). Because Florida is a no-fault state when it comes to car accidents, a driver’s PIP pays the medical bills no matter who was at fault for the crash. Only those suffering certain severe injuries may file a lawsuit against the at-fault driver.

That’s not the situation when it comes to Florida motorcyclists. The state does not require motorcyclists to carry PIP and there is no injury threshold to meet to file a personal injury lawsuit against the at-fault party in a motorcycle accident.

Florida Comparative Negligence Laws

A gavel laying on top of a legal book in front of scales

What if you are partially at fault for the accident? That is not uncommon, but under Florida’s modified comparative negligence laws you can still receive compensation even if you are partly responsible for the collision.

However, any compensation is reduced by your degree of fault. If you are found to be more than 50% at fault for the accident, you cannot recover at all. For instance, if a jury finds that you were 20 percent at fault for the collision, a $100,000 award is reduced by that percentage to $80,000. If a jury finds you were 51% at fault, your recover will be barred entirely.

Proving a Motorcycle Accident Claim

Woman testifying on the witness stand in court

Proving a motorcycle accident claim requires gathering as much evidence as possible. Such proof must show that another driver or entity is at fault. Multiple parties may bear liability for a motorcycle accident. For instance, the motorist may have been distracted, either by talking on a cell phone or putting their attention elsewhere than on the road. A malfunctioning car or motorcycle can put the onus on the manufacturer.

Your attorney conducts a thorough investigation of the accident. The investigation includes:

  • Identifying any potential at-fault parties
  • Obtaining insurance information for all parties involved
  • Reviewing the police accident report
  • Interviewing witnesses
  • If necessary, retaining a traffic reconstruction expert
  • Determining present and future medical costs

Your attorney negotiates with the insurance company so that you can receive the maximum compensation. Based on your circumstances, the attorney knows a reasonable settlement amount for your claim. If the insurance company refuses to offer a fair settlement, you may file a personal injury lawsuit against the defendants.

It is critical to note that you should always consult a personal injury lawyer after a motorcycle accident rather than accept an insurance settlement offer. Insurance companies want to settle for as little as possible as fast as possible. Once you agree to a settlement, you cannot go back and reopen the claim. An attorney protects your interests and negotiates aggressively with insurance companies on your behalf.

Potential Compensation

Lawyer handing over compensation check

Compensation, or damages, in a motorcycle accident case may include:

  • Medical expenses, current and future
  • Lost wages
  • Future lost income
  • Property damage
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of enjoyment of life

Statute of Limitations

Close-up of an hourglass, pen, and magnifying glass on top of a legal document

Generally, the statute of limitations in Florida for filing a personal injury lawsuit is two years from the date of the accident. However, it is crucial that you engage a Palm Bay motorcycle accident lawyer as soon as possible. Waiting too long to obtain legal counsel can mean that valuable evidence can vanish.

For instance, nearby homes or businesses may have surveillance videos documenting the motorcycle crash. Such videos are usually available for only a short window, depending on the system. A video of the crash scene may prove the case but obtaining it involves swift action by your attorney.

Contact a Palm Bay Motorcycle Accident Lawyer

Two people shaking hands over legal documents and a gavel

You need legal counsel deeply familiar with Florida motorcycle law. If you or someone you know was seriously injured in a motorcycle accident because of another party’s negligence or recklessness, contact an experienced Palm Bay personal injury attorney at Kogan & DiSalvo. Schedule a free, no-obligation consultation to discuss your case. Since we work on a contingency basis, there is no fee unless you receive compensation.

Total reviews: 1204 |

Average rating: 4.9

5

I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.

5

George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.

5

Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.

5

The personal care that this office gave me was impeccable and I couldn’t be more appreciative

5

(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹

(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹

5

Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.

5

The firm was great with my case.

5

I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.

What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.

Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.

5

Jennifer was amazing throughout the whole process.

5

I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.

I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.

Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.

5

The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.

5

Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!

5

My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.

5

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5

I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan

5

Trust the Process – Outstanding Team, Remarkable Results

Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.

You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.

I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.

One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.

Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.

5

Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!

5

They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.

5

My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.

5

This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.

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