St. Augustine Motorcycle Accident Lawyers
Motorcycle Accidents in Florida
Motorcycle collisions can be extremely dangerous and, often, deadly. In most road and highway accidents, such as those on I-95, the motorcyclist is thrown from the motorcycle into the street or onto other vehicles. This can result in head trauma, traumatic brain injuries, serious lacerations, and many other severe injuries.
While motorcyclists are not covered by personal injury protection (PIP) insurance, they are also not bound by its restrictions. Injured bikers may be able to seek damages from the at-fault driver or party who caused the collision.
If you were injured in a motorcycle accident, or if your loved one died in a fatal collision, turn to the team at Canan Law. With more than 60 years of combined experience, our St. Augustine motorcycle accident attorneys understand the devastating impact motor vehicle accidents have on victims and their families. We are ready to stand up for you and fight for the maximum compensation you are owed.
How Do Motorcycle Accident Claims Work in Florida?
As previously mentioned, motorcyclists are not covered under Florida’s no-fault system, which mandates personal injury protection (PIP) insurance for drivers of other types of motor vehicles. While this has certain drawbacks, it also offers several benefits. Namely, injured motorcyclists are not limited by the no-fault system and can seek compensation for all their damages by filing claims directly against the at-fault driver (or another liable party).
To have grounds for a personal injury lawsuit after a motorcycle accident, you will need to prove the following elements:
- Another motorist (or party) breached the duty of care by acting recklessly, carelessly, negligently, or wrongfully
- You were injured because the other driver or party breached the duty of care, meaning their negligent or wrongful conduct was the cause of your injuries
- You sustained measurable damages, such as medical bills, lost income, lost quality of life, pain and suffering, etc.
Under Florida’s rule of pure comparative negligence, you do not need to prove that the other motorist was entirely at fault for the accident, only that they shared some percentage of the blame. If, however, you are found to have contributed to the accident, your total recovery will be reduced.
Proving Fault in Your Motorcycle Accident
Proving fault for your motorcycle accident is a critical element of a successful outcome. At Canan Law, we work to establish liability by examining how the accident occurred, who was to blame, and whether any outlying factors played a role in your injuries and damages.
We can investigate your motorcycle accident to determine if it was caused by:
- A distracted driver
- Auto defects
- Someone who was driving under the influence of alcohol/drugs
- Traffic law violations, such as running a red light or speeding
- Someone who was following too closely (“tailgating”)
- A fatigued driver, including fatigued truck drivers
- Unsafe or unlawful turns, passing, or merging
- General motorist negligence
- A defective roadway or poor road construction
- Reckless or aggressive driving/road rage
We work with expert accident reconstructionists and investigators to obtain a clear picture of what happened, as well as medical professionals and economists who help us evaluate the full extent and severity of your injuries and damages. We then utilize this evidence to present your case to the insurance company or, when necessary, the judge and jury.
At Canan Law, we have earned a reputation for success within the community. Our attorneys are highly respected by judges and insurance companies’ defense teams know that we will not back down from a fight. We fight about the issues that truly matter and are committed to doing everything we can to help injured motorcyclists and the loved ones of those wrongfully killed obtain the justice they deserve.
Causes of Motorcycle Accidents
Florida is the most dangerous state for motorcycle accidents, according to data released by the National Highway Traffic Safety Administration (NHTSA). In 2013, more motorcycle riders were killed in Florida than in any other state, accounting for more than 10 percent of all motorcycle fatalities in the United States. Many of those accidents could have been prevented.
There are many different causes of a motorcycle accident that a motorcycle injury attorney can assist you with:
Impaired Driving. Driving while impaired by alcohol or drugs is a concern in any type of motor vehicle. However, when a drunk driver hits a motorcyclist, the damage is often far worse.
Speeding.A speeding driver poses a great danger to motorcycle riders as the driver has less room for error.
- Lane Changes. Motorcycles are far smaller than other vehicles and a car driver may not see you when changing lanes.
- Intersections. Drivers are supposed to signal when turning. However, most drivers can tell you that very few actually do so. An accident at an intersection can be particularly devastating to a motorcycle rider.
Failure of Other Drivers to Lookout for Motorcycles. Motorcyclists have the same rights as other vehicles on the road; however, they are often ignored or overlooked by other drivers. Because motorcycles are smaller, they can be difficult to see. When other drivers fail to see a motorcycle, either because of blind spots or failure to look out, accidents can easily occur. Car and truck drivers may cut off a motorcycle or turn in front of them without giving the motorcycle enough time to slow down or stop. It is the responsibility of car and truck drivers to watch the road properly and be aware of other drivers, including motorcyclists.
Defective Motorcycle Parts. Although many motorcycle accidents are caused by driver error, some are also caused by defective parts. Automobile manufacturing companies are constantly recalling parts and entire motor vehicles and so do motorcycle manufacturers. If you had an accident because of defective brakes, tires, or another part, you need tenacious motorcycle accident attorneys who can fight back against the big manufacturing companies. It can be difficult to stand up to those who have deep pockets and teams of lawyers. However, if they caused your injuries, you deserve compensation for your losses.
If you or a loved one was injured in a motorcycle accident, contact experienced motorcycle accident attorneys at Canan Law at (904) 849-2266 today to find out how we can help you.
Helping Injured Motorcyclists in Our Community Get Their Lives Back on Track
At Canan Law, we have helped many individuals in St. Johns County and Northeast Florida—including motorcyclists, pedestrians, and bicyclists—recover compensation for injuries caused by the negligence of another driver, an unsafe roadway, or motorcycle defect. We understand the intricacies of the law, the rules and procedures involved, and have extensive experience working with many different insurance companies.
Our attorneys can fight to get you the money you need to pay for property damage, medical expenses (including rehabilitation and long-term health care needs), lost wages, and even pain and suffering. Let us help you get your life back on track.
Motorcycle Lawsuit FAQs:
What if I wasn't wearing a helmet at the time of my accident?
Failing to wear a helmet while riding your motorcycle may lead to more serious injuries if you're involved in an accident, but that doesn't necessarily mean that you won't be able to recover compensation. In some cases it may reduce your settlement amount if the jury believes a helmet could have prevented you from suffering such serious injuries, but you should still be able to recover some compensation.