Connect with us!
Connect with us!
Table of Contents
Florida has more motorcycles on its roads than any other state in the country except California, with almost 573,000 registrations. Florida also has a significant number of motorcycle accidents, injuries, and fatalities. These accidents can have serious repercussions, and recovery can be extensive.
If you or a family member have been involved in a motorcycle crash, it is imperative that you seek a Stuart motorcycle accident lawyer right away. An experienced Stuart injury attorney can help you pursue a claim for necessary compensation.
Most accidents involving motorcycles are the fault of people at the controls of cars and trucks, according to research conducted by the South Florida Center for Urban Transportation. The principal reason is that drivers are not looking for motorcycles, so they do not see them. Florida’s motorcyclists were involved in 10,201 crashes in 2015, resulting in 8,231 injuries and 548 deaths, including 38 passengers, reports the Florida Highway Safety and Motor Vehicle Agency.
The number of fatalities in that year was 72.73 percent higher than the previous year, and Florida has more motorcycle deaths than any other state. The number who were injured was only slightly higher than in 2014. A significant reason for motorcycle injuries and deaths is that riders are not wearing helmets and protective gear. Current Florida law requires protective strapped headgear that meets the Federal Motorcycle Vehicle Safety Standard.
However, the law does not apply to people older than 21 years if they are covered by insurance providing a minimum of $10,000 in medical coverage.
When you pursue a civil lawsuit following a motorcycle accident, you do so with the intention of seeking financial compensation. Unlike a criminal case that can lead to jail time or fines, the result of a successful civil lawsuit is a monetary award based on the extent of your damages.
The severity of your injuries will likely play a major role in determining what your case is worth. It is important to understand that a settlement in a motorcycle accident case is made up of several different types of damages. These types of damages include:
Stuart motorcycle accident attorneys legally determine fault in personal injury cases by proving negligence. Florida uses the modified comparative negligence standard. In applying the modified comparative negligence doctrine, all parties involved in a personal injury case bear none, some, or all of the fault in causing the accident. If a plaintiff in a motorcycle accident case is 50% or less at fault for their injuries, their recovery will be reduced in proportion to their fault. If they are 51% or more at fault, they are barred from recovery entirely.
For example, a motorcyclist who is weaving in and out of traffic lanes and is hit by a car changing lanes will share some percentage of fault with the driver of the car. If the motorcyclist is determined to be 40 percent at fault, they are allowed to recover only 60 percent of the damages claimed.
Involvement in a motorcycle accident does not entitle you to compensation on its own. For you to recover a monetary award following a collision, your personal injury lawyer in Stuart must be able to establish that the defendant in your case was negligent. To be successful in claiming damages, all four of the negligence elements must be proven. These are:
Negligence law allows certain defenses, and if one element is disproven, the case is dismissed.
No two motorcycle accident injury claims are exactly alike. These accidents have different facts, result in different injuries, and involve different parties. That said, when these cases result in litigation, they follow a similar process. Understanding this process could be useful when pursuing compensation for your own injuries.
Initiating a motorcycle accident lawsuit involves filing a complaint against the at-fault parties. This complaint is a legal document that spells out the nature of your injuries, identifies the at-fault party, and explains in general detail why they are at fault.
Once the complaint is filed, it must be served on all of the defendants in the case. This means providing the defendant with a copy of the lawsuit and formal notice that court proceedings have begun. All parties have a right to be notified of any legal action before it can move forward, so serving the lawsuit on the defendant in your case is required.
Once the defendant is served, they have the right to file an answer. This answer goes line-by-line with your complaint, either accepting or disputing the allegations made. If the other party fails to respond to your lawsuit, you win by default.
Once the initial pleadings are filed, the next step is a process known as discovery. Discovery involves both sides sharing the documents and evidence they intend to use at trial. This process can take months and involves different methods of sharing information. In addition to written discovery, you could also be required to sit for a deposition. A deposition is similar to a court hearing, but it is not before a judge. Instead, both attorneys can ask you questions under oath, related to the case.
If your injuries allow it, gathering evidence at the scene of the wreck will prove crucial to building a strong argument for negligence on the part of other parties. Evidence in a motorcycle accident case includes photos and videos of the crash scene, eyewitness reports, the police report, medical records, and more. Your attorney can help you gather cell phone records of the drivers involved, any nearby surveillance footage, and reports from professional accident reconstruction experts.
At any time in this process, both sides could come to terms on a settlement agreement, which would resolve the case without having to go to trial. Most motorcycle accident cases do end with a settlement, whereby the plaintiff is paid an agreed-upon amount of damages to cover medical bills, lost wages, and other losses.
In a relatively small number of instances, the defendant’s settlement offer is not acceptable to the plaintiff, and the case proceeds past discovery to trial preparation. There can be motions filed by both sides in the lead-up to trial that could shape what evidence is heard by the court. At trial, each side can call witnesses and offer evidence. A judge or jury will consider this evidence and determine which side is entitled to compensation.
Motorcycle accidents can happen under many different circumstances. Some of these collisions occur due to the same factors that lead to collisions involving larger motor vehicles. Other accidents result from circumstances that are unique to motorcycles. If you were injured in a crash through no fault of your own, you could be entitled to compensation regardless of the specific type of collision. Some common types of motorcycle accidents include:
There are countless ways for a motorcycle accident to result in a physical injury. While these vehicles are enjoyed for the freedom they provide, riding them is also known for resulting in serious injuries. Riders have little protection from impact, and a collision with a car or truck could be devastating. These accidents could result in two impacts: the initial impact with another vehicle, and a secondary impact when a rider strikes the ground.
One of the injuries that is frequently associated with motorcycle accidents is road rash. This injury occurs when a rider is thrown from their motorcycle. As the rider slides across the pavement, the friction leaves burn-like injuries across exposed skin. While common, road rash is not one of the most serious injuries related to motorcycle collisions. The other injuries from these accidents could have life-altering consequences. Some of the conditions commonly associated with motorcycle accidents include:
When injuries happen, it is important to seek medical care right away. This is true even if you are uncertain that your condition is serious. Motorcycle injuries can worsen over time, and your chances of a full recovery increase by seeking immediate medical care.
If you were hurt in a motorcycle accident in Florida, you face a limited amount of time to file a lawsuit. The deadline that applies to your case is known as the statute of limitations.
The statute of limitations exists in every state. However, the amount of time you have to file a lawsuit not only differs across jurisdictions, but also varies depending on the type of case you file. In Florida, the statute of limitations generally gives you two years to pursue your injury claim.
The two-year period that applies to your case begins to expire the day your accident occurs. If you do not file your case on time, you could face serious consequences in your personal injury case. Any time the statute of limitations is violated, the court will typically have little option but to dismiss the case with prejudice.
Dismissal with prejudice is the worst-case scenario for your lawsuit. Not only does it bring your lawsuit to an end, but it prevents you from ever pursuing the case again in the future. This is true even if the facts of the case are favorable to you. Given the important stakes, you have every reason to reach out to a qualified attorney to ensure your compliance with the statute of limitations.
If you or a loved one are involved in a motorcycle accident, you need to know and protect your legal rights. To do so, contact a Stuart motorcycle accident lawyer at Kogan & DiSalvo promptly to schedule a free and confidential consultation.
Your skilled attorney can explain the applicable law, advise you on the strength of your case, and aggressively represent your interest to achieve the compensation that you deserve. Contact us as soon as possible to learn how we can help.
Total reviews: 1204 |
Average rating: 4.9
kathleen guch
Michele Shapiro
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.
Carol Chapman
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.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(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 👍👍🇺🇸🇬🇹
mirian godinez
Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
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.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
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.
Rachel Wilson
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.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
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.
Alan9095 Jones
This farm is absolutely great !!!
Juan
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
Dawn M.
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.
Titus Travis
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!!
david Riggsby
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.
Debra Cuevas
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.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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.
(561) 375-9500
Call