Motorcycles provide their riders with a sense of freedom and closeness to the road that no other mode of transportation can match. Unfortunately, this freedom sometimes comes with a price. Motorcycle accidents kill and injure thousands of riders each year. It’s not because motorcycles are overly dangerous, or that their riders are reckless. In fact, in a majority of the motorcycle accidents involving a car or truck collision, the driver of the other vehicle is at fault.
If you or a loved one has been injured in a motorcycle accident that was caused by the negligent actions of another, you have a right to seek compensation for all the damages resulting from this accident. These damages include pain, suffering, the costs of your medical bills and lost wages. A Winter Haven motorcycle accident attorney can help.
Don’t Agree to a Settlement With the Insurance Company Until You’ve Spoken With Us
After a motorcycle accident, the other driver’s insurance company is likely to contact you quickly, often hoping for a fast, low settlement before you understand the full cost of your injuries. The insurance companies don’t care about the long-term, ongoing medical expenses your injuries may require. They just want your case to go away as quickly and as cheaply for them as possible.
Winter Haven motorcycle accident attorney Tania L Rivas and the TLC Trial Team have been successfully representing victims of motorcycle accidents for over 20 years. We have helped clients in Winter Haven, Lutz, Lakeland and neighboring communities win substantial settlements in a wide variety of motorcycle accidents.
How Florida’s Fault Rules Affect Your Motorcycle Claim
Florida changed its fault rules in 2023. Under the old system, you could recover compensation even if you were mostly at fault. That is no longer true.
Today, if you are found 51% or more at fault, you get nothing (FL Stat. § 768.81(6)). If you are 50% or less at fault, you recover damages minus your percentage. A rider found exactly 50% at fault still recovers, just at a 50% reduction.
Here is what that looks like in practice: Your damages are $100,000. You are found 30% at fault. You recover $70,000. If the jury instead finds you 51% at fault, you recover zero.
Insurers often press hard on fault in motorcycle claims. They may point to your speed, lane position, or helmet use among other factors to try to push your share of fault above 50%, which can eliminate your recovery entirely.
Fault disputes like these often come down to evidence: what a rider was doing, where, and how fast. Attorney Tania Clark can help gather and present that evidence on your behalf.
Florida’s PIP Law Doesn’t Cover Motorcyclists
Car accident victims can tap Florida’s no-fault PIP insurance for immediate medical coverage. Motorcycle riders cannot. Florida’s PIP law only covers vehicles with four or more wheels (FL Stat. § 627.732); since motorcycles don’t meet that definition, the law’s PIP requirement (FL Stat. § 627.733) doesn’t extend to them.
That means you generally don’t receive PIP benefits under Florida’s no-fault law while your case is pending. Depending on your circumstances, you may need to pursue other available insurance coverage or a claim against the at-fault driver.
This makes early action critical. Contact TLC Trial Team’s Winter Haven office as soon as possible after your accident, before evidence disappears and before the other driver’s insurer begins building their defense.
Motorcycle Accidents Involving Other Vehicles
When a motorcycle and another vehicle collide, the other driver is usually at fault. The most common reason: they did not see the rider when changing lanes, pulling out, or going through an intersection. Injuries sustained in these kinds of motorcycle accidents can be severe and even fatal, including brain and spinal cord injuries, broken bones, damage to internal organs, road rash, disfigurement and paralysis. These injuries often require expensive, ongoing medical treatment and physical therapy and may leave you unable to work ever again.
Single Motorcycle Accidents
If you went down on your own, that does not automatically mean the accident was your fault. Defective parts, poor road maintenance, and debris can cause serious crashes with no other vehicle involved. The leading causes of single motorcycle accidents are speeding and DUI. However, this is not always the case. Defective parts, improper road maintenance and road debris can result in single rider motorcycle accidents. These can be tough cases to prove and require the attention of a motorcycle accident injury attorney with the expertise and dedication to uncover the real causes of the accident and establish who is responsible.
Florida’s helmet rule: Riders 21 and older can ride without a helmet if they carry at least $10,000 in medical coverage specifically for motorcycle accidents (FL Stat. § 316.211). That has to be dedicated motorcycle coverage, not regular auto insurance. Riders under 21 must wear a helmet, no exceptions. All riders must have eye protection unless the bike has a windshield.
If you were not wearing a helmet: Expect the insurance company to bring it up. If your injuries involve your head or neck, they may argue you contributed to your own harm and try to reduce what you receive. Not wearing a helmet does not automatically mean you are at fault, but it complicates things. Attorney Tania Clark can push back on that argument.
Steps to Take After a Motorcycle Accident
The moments following a motorcycle accident can be overwhelming. Taking the right steps can protect your health, your legal rights, and ensure you have the evidence needed to pursue a claim. Here’s a crucial guide on what to do after a motorcycle accident:
1. Check for Injuries and Call for Help
- Ensure your safety and the safety of others involved. If possible, move yourself and your motorcycle to a safe location out of traffic.
- Assess yourself and others for injuries. Call 911 immediately for any serious injuries or if anyone appears unconscious.
2. Secure the Scene
- If you’re able, turn on your hazard lights and use cones or flares to warn other drivers of the accident.
3. Exchange Information
- Collect the names, contact information, and insurance details of all involved drivers.
- If there are witnesses, get their names and contact information as well. Their testimony can be valuable later.
4. Report the Accident
- File a police report, even for minor accidents. The police report will document the scene, details of the accident, and any witness statements.
5. Document the Scene
- Take pictures of the damage to your motorcycle, the surrounding area (including traffic signs and signals), and any visible injuries.
- Note the road conditions, weather, and time of day.
6. Seek Medical Attention
- Get a medical evaluation, even if you feel okay. Adrenaline can mask injuries, and some injuries, like internal bleeding, may not present immediate symptoms.
- A medical evaluation will create a record of your injuries and ensure you receive proper treatment.
7. Contact a Motorcycle Accident Attorney
- An experienced Winter Haven motorcycle accident attorney can advise you of your legal rights and help navigate the insurance claim process.
- They can assist you in gathering evidence, dealing with the insurance company, and negotiating a fair settlement.
You have two years to file a lawsuit in Winter Haven. That clock starts on the date of your accident (FL Stat. § 95.11(4)(a), updated by HB 837 in March 2023). If your accident happened before March 24, 2023, the old four-year deadline may still apply. Missing the deadline may bar you from pursuing your claim, regardless of how strong your evidence is. Do not wait.
By following these steps after a motorcycle accident, you can prioritize your health, gather important evidence, and protect your legal options. Remember, this is just a general guide, and the specific actions you take may vary depending on the circumstances of your accident.
How an Experienced Winter Haven Motorcycle Accident Attorney Can Help
The other driver’s insurance company has lawyers working their case from day one. Attorney Tania Clark works to level that playing field on your behalf. Our only goal is to obtain the compensation you deserve for all the pain and suffering caused by your accident. We do this by gathering the evidence needed to establish proof as to who was actually responsible for your accident.
Our team will go over your medical bills and consult with experts to determine the true extent of your financial damages. We use these facts in our negotiations with the insurance companies. They’ve dealt with us before and know we mean business. They know if we don’t reach a settlement that meets your needs, then we are ready, willing and able to argue your case in front of a judge and jury.
Frequently Asked Questions About Motorcycle Accidents
The TLC Trial Team is here to Protect Your Rights after your Winter Haven Motorcycle Accident
If you or a loved one has been injured in a motorcycle accident in Winter Haven, Lomas, Lakeland and other South Florida communities, the most important thing to do is get the medical treatment you need and reach out to Winter Haven motorcycle accident attorney Tania Clark.
Call us at (877) 299-5539 or contact us online to schedule a free consultation. We’re eager to speak with you – in Spanish or English, whichever is most comfortable for you – and discuss the facts in your case. We are here to answer any questions you may have and provide professional advice on the best way to move forward with your case.
We handle personal injury cases on a contingency basis. This means there is no cost to you for accepting your case and we only collect our fee after we’ve gotten you your settlement. Our firm also serves victims of motorcycle accidents in Lakeland.
