Motorcycle accident victims are at a much higher risk of sustaining serious and catastrophic injuries than passenger car accident victims. The National Highway Traffic Safety Administration’s (NHTSA) 2014 data shows that motorcyclists are six times more likely to suffer injury and 27 times more likely to die in a collision than car occupants. Often, motorcyclists suffer life-threatening or disabling injuries, such as head trauma, internal injuries, spinal injuries, multiple fractures, and amputation.
If you or your loved one was in a motorcycle accident, you need to speak to one of the lawyers at the Law Firm of Anidjar & Levine about your case. We might be able to help you collect compensation for your medical bills, lost wages, and pain and suffering. Call us today and schedule a consultation with a motorcycle accident lawyer in Pompano Beach.
Can I file a Claim Against the Other Driver for My Motorcycle Accident?
To file a claim against another party, we must be able to prove that they were at fault for your accident and guilty of negligence. That means they must have acted in an unreasonably safe or reckless way that wound up causing you harm. If a drunk driver hit you or if a driver ran a red light and T-boned you, for instance, they may be legally negligent.
According to the NHTSA, most of these accidents happen because motorists in other vehicles fail to see motorcyclists on the road. Other common causes of motorcycle accidents that may justify a liability claim include:
- Texting and driving;
- Failing to look around before making a maneuver like backing up, turning, or entering traffic;
- Driving while impaired or fatigued;
- Driving aggressively; and
- Driving inattentively or breaking the rules of the road.
If you believe the other driver in your crash acted negligently, contact us immediately. We will go through the details of your accident to determine who is liable for your injuries.
Can I still Recover Compensation if I was Partly at Fault?
Fault is not always clear. Sometimes, it is debatable or shared. For example, if your crash happened after a car entered your lane and cut you off—but you were speeding at the time—you might both be at fault. Riders can also be partly at fault when they disobey traffic signals, ride on the shoulder, or fail to signal before turning.
You can still recover damages even if you were partly at fault, thanks to Florida’s pure comparative negligence rule. This law provides that injured accident victims can recover the portion of their damages that they did not cause. So, if the insurer or courts deem you 30 percent at fault for your injuries, we can help you collect 70 percent of your damages.
Shared fault often comes into play in cases where the rider was not wearing a helmet. Even though by state law, insured motorcyclists age 21 and up do not have to wear a helmet while riding, many insurance companies will use this as a tactic to lessen your settlement. They may say that you caused or contributed to your own injuries by not wearing a helmet and, therefore, you should be partially liable for your damages.
Because motorcycle accident claims typically involve serious injuries and substantial payouts, insurers rigorously defend against them. They may try to pin more blame on you than you deserve or discredit the extent of your injuries, simply to reduce their liability. This is why it is important to have one of our attorneys on your side.
How much is My Motorcycle Claim Worth?
When we file your claim, we will include the total value of your damages in our request for compensation. That includes actual expenses and financial losses, such as medical bills and lost wages. We will also request compensation for the intangible emotional harms that accompany a life-altering injury, like depression, pain and suffering, and other psychological issues. The more severe your injuries, the more your claim is worth.
However, each claim is different. Various factors can affect the value of a motorcycle claim, such as:
- Your age;
- The extent of your injuries and prognosis;
- Your pre-injury wages;
- The strength of the evidence;
- Whether you shared in the fault; and
- The insurance policies of each party.
Our qualified motorcycle accident lawyers have collected millions of dollars for accident victims in Pompano Beach. When you work with us, we will take the time to fully assess the value of your claim and create a comprehensive, accurate list of damages so that you do not miss out on any money you deserve. We will take care of the legal and insurance issues and fight for a fair and full financial award on your behalf so that you can focus your energies on healing.
What can I Expect from the Claims Process?
Motorcycle accident claims are often quite complex. They involve investigation, collecting evidence, proving fault, and proving damages—not to mention lots of paperwork and foot work. To prove a claim, we might have to work with medical, financial, and accident reconstruction experts, negotiate with the insurers, and even take the case to court if the at-fault party refuses to settle.
We will walk you through each step of the claims process. We will explain exactly what you can expect and keep you up-to-date on the status of your case at all times. We can also give you a list of things you can do that can help speed along the progress of your case, such as collecting your medical records and receipts, going to all of your doctor’s appointments, and keeping a journal that documents the effect your injuries have on your life.
Explore Your Options with a Motorcycle Accident Lawyer in Pompano Beach.
Before taking any legal action or filing any insurance claims yourself, explore your options with one of the motorcycle accident lawyers at the Law Firm of Anidjar & Levine. We will start on your claim by reviewing the facts of your case and determining liability. If another driver was at fault or if your accident occurred due to a defective bike, faulty motorcycle component, or defective roadway, we can help you hold the negligent party liable for your damages. Contact us today for a free case evaluation.
We Can Help.
