Motorcycle Accident Attorney: 1st Step to Recovery

Why Finding the Right Motorcycle Accident Attorney Matters After a Crash

A motorcycle accident attorney is a personal injury lawyer who specializes in helping riders recover compensation for injuries and damages caused by negligent drivers. After a crash, you need an expert who understands Florida’s motorcycle laws, insurance company tactics, and how to prove fault.

Key qualities in a motorcycle accident attorney include:

• Board-certified trial experience in personal injury law
• A strong track record with motorcycle accident cases
• Works on a contingency fee basis (you only pay if you win)
• Provides direct access to your attorney, not just support staff

Motorcycle crashes are uniquely dangerous. Lacking the protection of a car, riders can suffer life-changing injuries even in minor collisions. According to the Insurance Information Institute, motorcyclists are 26 times more likely to die in a crash than car occupants per mile traveled.

Often, these accidents are not the rider’s fault. They happen when other drivers fail to see motorcycles, misjudge their speed, or violate their right-of-way. Insurance companies may try to use unfair stereotypes to blame the rider and minimize the claim. An experienced attorney is critical to counter these tactics and protect your rights.

As Thomas W. Carey, a board-certified civil trial lawyer and founding partner of Carey Leisure Carney, I have spent decades representing injured riders across Florida. Our firm specializes in complex motorcycle accident claims, and we are dedicated to holding negligent drivers accountable and securing the full compensation our clients deserve.

Critical First Steps After a Motorcycle Crash

The moments after a motorcycle accident are chaotic. The steps you take can significantly impact your health and any future legal claim. Your safety is the priority, but gathering information for your motorcycle accident attorney is also crucial.

1. Ensure Safety and Call 911: If you can, move to a safe location off the road. Call 911 immediately to request police and emergency medical services. A police report provides an official record of the accident, which is vital for your case.

2. Seek Immediate Medical Attention: Adrenaline can mask serious injuries like concussions, internal bleeding, or soft tissue damage. See a doctor right away, even if you feel fine. This is critical for your health and creates a medical record linking your injuries to the crash. Without it, insurance companies may argue your injuries are unrelated to the accident.

3. Document Everything at the Scene: If you are able, collect as much evidence as possible. Use your phone to take photos and videos of:

   • Damage to all vehicles
   • Your injuries
   • The positions of the vehicles
   • Skid marks, debris, and road conditions
   • Traffic signs and signals
   • The overall scene from various angles

4. Gather Information: Collect the following from the other driver and any witnesses:

   • Name, contact information, and driver’s license number
   • Insurance company and policy number
   • Make, model, and license plate number of their vehicle
   • Names and phone numbers of any witnesses

5. Do Not Admit Fault: Stick to the facts when speaking to anyone at the scene. Never apologize or admit fault, as these statements can be used against you by insurance companies.

6. Contact an Attorney Before Speaking to Insurers: Notify your insurance company about the accident, but consult with your motorcycle accident attorney before giving a recorded statement to any insurance adjuster. An adjuster’s goal is to limit your settlement. We can handle these communications to protect your rights.

Understanding Florida Motorcycle Laws and Liability

Navigating a motorcycle accident claim in Florida requires understanding our state’s specific laws. As your motorcycle accident attorney, we ensure you are informed about how these rules affect your case.

Florida-Specific Laws

• Helmet Requirements: Florida law requires riders under 21 to wear a helmet. Riders 21 or older can opt out if they carry an insurance policy with at least $10,000 in medical benefits. However, we always recommend wearing a DOT-approved helmet, as they are proven to reduce head injuries and fatalities.
• Lane Usage: Motorcyclists are entitled to use a full lane of traffic. Lane splitting (riding between lanes) is illegal in Florida.

Statute of Limitations

In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit (for causes of action accruing after March 24, 2023). Missing this deadline will likely prevent you from recovering any compensation. It is vital to contact a motorcycle accident attorney promptly.

Florida’s Comparative Fault Rule

Florida uses a modified comparative negligence system. This means your compensation is reduced by your percentage of fault. For example, if you have $100,000 in damages but are found 20% at fault, you can only recover $80,000. Crucially, if you are found to be more than 50% at fault (51% or greater), you are barred from recovering any damages at all. Because of this strict rule, it is essential to have an attorney who can effectively prove the other party was primarily responsible for the crash.

Common Causes of Motorcycle Accidents

Most motorcycle accidents are caused by the negligence of other drivers who fail to safely share the road.

• Failure to Yield: A leading cause, especially at intersections where drivers misjudge a motorcycle’s speed or fail to see it, often during left turns.
• Unsafe Lane Changes: Drivers who don’t check their blind spots before changing lanes can easily collide with a motorcycle.
• Distracted Driving: Texting, talking on the phone, or other distractions are a major threat. The Insurance Information Institute (III) notes that thousands of people die each year from distracted driving.
• Speeding: Excessive speed reduces a driver’s reaction time and dramatically increases the force of impact, posing a grave danger to motorcyclists.
• Drunk Driving: Impaired drivers have slower reflexes and poor judgment, making them a deadly hazard. If a drunk driver hit you, our firm is prepared to fight for justice.
• Road Hazards: Potholes, gravel, or debris can be minor issues for cars but can cause a motorcyclist to lose control.

Typical Injuries and Their Consequences

Without the protection of an enclosed vehicle, motorcyclists often suffer severe and life-altering injuries. The rider’s body absorbs the full force of the impact.

• Traumatic Brain Injuries (TBI): Even with a helmet, a crash can cause concussions or severe brain trauma, leading to permanent cognitive or physical impairments.
• Spinal Cord Injuries: Damage to the spine can result in herniated discs, fractured vertebrae, or paralysis, often requiring lifelong medical care.
• Road Rash: This occurs when skin is scraped off by sliding on pavement. Severe cases can cause infection, nerve damage, and permanent disfigurement.
• Broken Bones: Fractures of the limbs, ribs, and collarbones are common. Compound fractures, where the bone pierces the skin, carry a high risk of infection.
• Amputation: In catastrophic crashes, limbs may be crushed beyond repair, requiring amputation. This is a life-changing injury with profound physical and emotional consequences.
• Permanent Disability: Many of these injuries can lead to permanent disabilities, impacting a person’s ability to work and enjoy life. These catastrophic injury claims require an experienced legal team.

These injuries result in immense physical pain, emotional trauma, lost income, and overwhelming medical debt.

Why You Need an Experienced Motorcycle Accident Attorney

After a crash, you face injuries, medical bills, and lost wages, all while dealing with insurance companies. An experienced motorcycle accident attorney is your most important ally in this fight.

Fighting Insurance Company Tactics

Insurance companies are businesses focused on profit, not your well-being. They use tactics to deny or minimize claims:

• Lowball Settlement Offers: Adjusters may offer a quick, low settlement before you know the full extent of your injuries and future costs.
• Blaming the Rider: Insurers often rely on unfair stereotypes to argue that the motorcyclist was reckless or at fault, even when evidence shows otherwise.

An experienced attorney understands these tactics and levels the playing field. We counter their arguments with strong evidence and negotiate aggressively for the fair compensation you deserve.

When to Hire a Lawyer

You should hire a motorcycle accident attorney if you were injured, liability is disputed, your injuries are serious, or the insurance company’s offer seems too low. Even for seemingly minor injuries, a consultation is wise, as some problems develop over time. An attorney can protect your rights from the start.

The Role of Your Motorcycle Accident Attorney

As your legal advocate, we handle every aspect of your case:

• Thorough Investigation: We gather police reports, witness statements, video footage, and medical records to build a strong case.
• Evidence and Expert Analysis: We work with accident reconstructionists, medical experts, and vocational specialists to prove fault and calculate the full extent of your damages.
• Calculating Total Damages: We carefully calculate all economic and non-economic losses to ensure your claim covers all current and future needs.
• Negotiating with Insurers: We manage all communication with insurance companies, fighting for the maximum settlement.
• Litigation and Trial: While most cases settle, we are always prepared to take your case to trial to secure a just outcome.

When liability is unclear, such as in multi-vehicle accidents or with conflicting stories, our investigative skills are crucial. We use evidence to establish fault and prove the other party’s negligence, which is the foundation of a successful personal injury claim.

The Path to Compensation: The Motorcycle Accident Claim Process

Understanding the claim process can reduce stress during a difficult time. While every case is different, the path to compensation generally follows these stages.

1. Initial Consultation: It starts with a free consultation with our motorcycle accident attorney team to discuss your case and answer your questions.
2. Investigation: We launch a full investigation, gathering evidence, interviewing witnesses, and building your claim.
3. Filing the Claim and Negotiations: We notify the at-fault party’s insurer and begin negotiations to secure a fair settlement that covers all your damages.
4. Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we will file a lawsuit on your behalf.
5. Mediation and Trial: Many cases are resolved through mediation. If not, we are fully prepared to represent you at trial to fight for the compensation you deserve.

What Damages Can Be Recovered?

You can seek compensation for both economic and non-economic damages.

• Economic Damages: These are your quantifiable financial losses.

  • Medical Bills: All past, current, and future medical expenses related to the accident.
  • Lost Wages and Earning Capacity: Income lost from being unable to work, and future lost earnings if your ability to work is permanently affected.
  • Property Damage: Costs to repair or replace your motorcycle and other damaged property.

• Non-Economic Damages: These compensate for non-financial losses.

  • Pain and Suffering: For the physical pain and emotional distress caused by your injuries.
  • Emotional Distress: For anxiety, depression, PTSD, and other psychological impacts.
  • Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies and daily activities.

Personal Injury vs. Wrongful Death Claims

If a motorcycle accident results in a fatality, the victim’s family can file a wrongful death claim instead of a personal injury claim. The table below highlights the key differences.

Wrongful death claims are complex and seek to recover losses like funeral costs and the loss of financial and emotional support. Our firm handles these sensitive cases with the expertise they require.

Frequently Asked Questions about Motorcycle Accident Claims

Here are answers to some common questions we receive as motorcycle accident attorneys.

What is the statute of limitations for a motorcycle accident lawsuit in Florida?

For personal injury claims in Florida, the statute of limitations is generally two years from the date of the accident (for causes of action accruing after March 24, 2023). It is crucial to contact an attorney well before this deadline to protect your right to file a lawsuit.

What if I wasn’t wearing a helmet? Can I still file a claim?

Yes, you can still file a claim. In Florida, only riders under 21 are required to wear a helmet (or those 21+ without a specific insurance policy). However, not wearing a helmet can affect your compensation. The defense may argue that your injuries, especially head injuries, would have been less severe with a helmet. This could reduce your award under Florida’s comparative fault rule.

Your motorcycle accident attorney will argue that the other driver’s negligence caused the crash, and the lack of a helmet did not cause the accident itself. It is a complex legal argument that requires skilled representation to ensure you receive fair compensation. A proper helmet should meet the federal motor vehicle safety standard (FMVSS) No. 218, but the core issue in your claim remains proving the other driver’s fault.

How much does it cost to hire a motorcycle accident attorney?

We work on a contingency fee basis. This means:

• No upfront costs: You pay nothing to hire us.
• You only pay if we win: Our fee is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing.

This structure allows you to pursue justice without financial risk. We offer a free, no-obligation consultation to discuss your case with an experienced motorcycle accident attorney.

Your Road to Recovery Starts with the Right Legal Team

Motorcycle accidents cause devastating injuries, financial strain, and emotional trauma. Facing this alone while battling insurance companies is an overwhelming burden.

At Carey Leisure Carney, we understand the challenges injured motorcyclists face in Florida. Our team includes Board-Certified attorneys—a distinction held by only the top 2% of Florida lawyers—with over 100 years of combined experience. We provide direct attorney access and personalized service, ensuring you have a dedicated expert on your side.

Don’t let an insurance company dictate your future. Let our team handle the legal complexities, fight for your rights, and pursue the full compensation you deserve. This allows you to focus on what truly matters: your recovery.

Your road to recovery begins with one call. Contact us today for a free, no-obligation consultation.