Motorcyclists are especially vulnerable while on the road. Without an exterior protective barrier, in a collision, a motorcyclist can be thrown from the bike and suffer severe injuries. According to the National Highway Traffic Safety Administration, in 2021, over 5,900 motorcyclists lost their lives in accidents across the country.
If you were injured or lost a loved one in a motorcycle accident, you may be able to pursue compensation for your injuries. With the help of a Melbourne personal injury lawyer, you may be able to recover the cost of various economic and non-economic damages resulting from the crash. You may be able to accomplish this by either settling with the insurance company or filing a lawsuit.
Call the Law Offices of Anidjar & Levine for a free, no-obligation consultation.
Compensation You Can Recover After a Melbourne Motorcycle Accident
When you’re involved in a motorcycle accident, understanding recoverable damages can be crucial for your financial recovery and peace of mind. Motorcycle accident victims often leave thousands of dollars on the table because they aren’t aware of all the damages they can recover. You can recover both economic and non-economic damages.
Economic Damages
Economic damages are tangible losses that have a specific monetary value associated with them. After a motorcycle accident, you may face significant financial burdens, but these damages aim to reimburse you for out-of-pocket expenses.
Medical Expenses
Any medical bills from the accident are compensable. These can include:
- Ambulance costs
- Emergency room visits
- Hospital stays
- Surgeries
- Medications
- Any ongoing physical therapy or rehabilitation
- In-home care
- Any future care
Keep detailed records of all your medical treatments to ensure full compensation.
Lost Wages
If your injuries prevent you from working, you can recover the wages you’ve lost during your recovery period. This includes not only your missed salary but also other benefits or earnings you would have received if you hadn’t been injured.
Property Damage
Your motorcycle and possibly other personal belongings may have been damaged or destroyed in the accident. Compensation for property damage includes repair or replacement costs, ensuring you’re not out-of-pocket for these expenses.
Non-Economic Damages
Non-economic damages are subjective and not easily quantified in dollar terms. They compensate you for the non-financial impacts of your accident.
Pain and Suffering
Pain and suffering covers the physical pain and emotional distress you experience due to your injuries. It acknowledges that the impact of your injuries extends beyond just financial losses.
Loss of Enjoyment of Life
If your injuries prevent you from enjoying your hobbies and activities as you did before the accident, you may be compensated for this loss.
Emotional Distress
Experiencing a traumatic event like a motorcycle accident can lead to significant psychological effects, including anxiety, depression, and PTSD. Compensation for emotional distress recognizes these serious impacts on your mental health.
Our motorcycle accident attorneys can identify what damages you can recover and establish a fair settlement value.
How Negligence Causes Motorcycle Accidents
There could be many different contributing factors when it comes to establishing liability in your case. Learning why your accident occurred will provide your legal team with a starting point when it comes to pursuing the cost of your collision-related expenses.
Some of the elements that may have contributed to the crash include:
Low Visibility
Since motorcycles are smaller, they can be easy to overlook. Drivers have a duty of care to keep their eyes on the road and look out for other motorists and potential hazards. If they do not, they can be found responsible for your losses.
A Left-Hand Turn
When cars are turning left, they have to take extra care to be on the lookout for a motorcyclist. If the collision happened at an intersection, there may be traffic surveillance footage that documents the accident itself.
Tailgating
All vehicles must be at least one car length away from each other when sharing a lane. If you were rear-ended by another driver, they could be held financially responsible for your accident-related expenses.
If one of these situations (or one we have not listed here) led to your motorcycle accident, a Melbourne motorcycle accident lawyer can take action on your behalf. To get started, call the Law Offices of Anidjar & Levine.
You Have a Limited Time to Act Following a Collision
Under Florida law, you can pursue compensation from the negligent party following a motorcycle accident. However, you must do so in a timely manner.
Florida Statute 95.11allows:
- Two years from the date of the accident to file a lawsuit against the negligent party
- Two years from the date of your loved one’s passing to file a wrongful death claim
You may want to consider reaching out to a Melbourne motorcycle accident attorney shortly following the collision. If you do not act within the state’s statute of limitations, you risk being unable to take your case to court.
What to Do After a Motorcycle Accident
There are a few things you can do to protect yourself and your case after a motorcycle wreck:
- Ensure Your Safety: Move to a safe location if possible to avoid further harm.
- Check for Injuries: Assess yourself and others for any injuries. Prioritize medical attention.
- Call 911: Report the accident to the police and request medical services if needed.
- Exchange Information: Swap contact and insurance details with other involved parties.
- Gather Evidence: Take photos of the scene, your injuries, and damages to all vehicles.
- Witness Contacts: Collect contact information from witnesses.
- Seek Medical Attention: Even if you feel fine, get a thorough medical examination. Some symptoms of injuries like traumatic brain injuries, organ damage, or internal bleeding aren’t apparent.
- Report to Insurance: Notify your insurance company about the accident.
- Document Everything: Keep a detailed record of medical visits, expenses, and any communication related to the accident.
- Consult an Attorney: Consider consulting with a legal professional to understand your rights and options.
This checklist can help protect your health and legal rights following a motorcycle accident.
Get Help from a Motorcycle Accident Attorney in Melbourne Today
If you were injured or lost a loved one in a motorcycle accident, you have both legal rights and protections under Florida law. At the Law Offices of Anidjar & Levine, we understand what needs to be done to pursue financial recovery on your behalf. Should your case be successful, you may be able to recover the cost of medical bills, lost wages, and pain and suffering.
Call our office for a free, no-obligation consultation.
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