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Florida has more motorcycles on its roads than any other state in the country except California, with almost 573,000 registrations. Florida also has a significant number of motorcycle accidents, injuries, and fatalities. These accidents can have serious repercussions, and recovery can be extensive.
If you or a family member have been involved in a motorcycle crash, it is imperative that you seek a Stuart motorcycle accident lawyer right away. An experienced Stuart injury attorney can help you pursue a claim for necessary compensation.
Most accidents involving motorcycles are the fault of people at the controls of cars and trucks, according to research conducted by the South Florida Center for Urban Transportation. The principal reason is that drivers are not looking for motorcycles, so they do not see them. Florida’s motorcyclists were involved in 10,201 crashes in 2015, resulting in 8,231 injuries and 548 deaths, including 38 passengers, reports the Florida Highway Safety and Motor Vehicle Agency.
The number of fatalities in that year was 72.73 percent higher than the previous year, and Florida has more motorcycle deaths than any other state. The number who were injured was only slightly higher than in 2014. A significant reason for motorcycle injuries and deaths is that riders are not wearing helmets and protective gear. Current Florida law requires protective strapped headgear that meets the Federal Motorcycle Vehicle Safety Standard.
However, the law does not apply to people older than 21 years if they are covered by insurance providing a minimum of $10,000 in medical coverage.
When you pursue a civil lawsuit following a motorcycle accident, you do so with the intention of seeking financial compensation. Unlike a criminal case that can lead to jail time or fines, the result of a successful civil lawsuit is a monetary award based on the extent of your damages.
The severity of your injuries will likely play a major role in determining what your case is worth. It is important to understand that a settlement in a motorcycle accident case is made up of several different types of damages. These types of damages include:
Stuart motorcycle accident attorneys legally determine fault in personal injury cases by proving negligence. Florida uses the modified comparative negligence standard. In applying the modified comparative negligence doctrine, all parties involved in a personal injury case bear none, some, or all of the fault in causing the accident. If a plaintiff in a motorcycle accident case is 50% or less at fault for their injuries, their recovery will be reduced in proportion to their fault. If they are 51% or more at fault, they are barred from recovery entirely.
For example, a motorcyclist who is weaving in and out of traffic lanes and is hit by a car changing lanes will share some percentage of fault with the driver of the car. If the motorcyclist is determined to be 40 percent at fault, they are allowed to recover only 60 percent of the damages claimed.
Involvement in a motorcycle accident does not entitle you to compensation on its own. For you to recover a monetary award following a collision, your personal injury lawyer in Stuart must be able to establish that the defendant in your case was negligent. To be successful in claiming damages, all four of the negligence elements must be proven. These are:
Negligence law allows certain defenses, and if one element is disproven, the case is dismissed.
No two motorcycle accident injury claims are exactly alike. These accidents have different facts, result in different injuries, and involve different parties. That said, when these cases result in litigation, they follow a similar process. Understanding this process could be useful when pursuing compensation for your own injuries.
Initiating a motorcycle accident lawsuit involves filing a complaint against the at-fault parties. This complaint is a legal document that spells out the nature of your injuries, identifies the at-fault party, and explains in general detail why they are at fault.
Once the complaint is filed, it must be served on all of the defendants in the case. This means providing the defendant with a copy of the lawsuit and formal notice that court proceedings have begun. All parties have a right to be notified of any legal action before it can move forward, so serving the lawsuit on the defendant in your case is required.
Once the defendant is served, they have the right to file an answer. This answer goes line-by-line with your complaint, either accepting or disputing the allegations made. If the other party fails to respond to your lawsuit, you win by default.
Once the initial pleadings are filed, the next step is a process known as discovery. Discovery involves both sides sharing the documents and evidence they intend to use at trial. This process can take months and involves different methods of sharing information. In addition to written discovery, you could also be required to sit for a deposition. A deposition is similar to a court hearing, but it is not before a judge. Instead, both attorneys can ask you questions under oath, related to the case.
If your injuries allow it, gathering evidence at the scene of the wreck will prove crucial to building a strong argument for negligence on the part of other parties. Evidence in a motorcycle accident case includes photos and videos of the crash scene, eyewitness reports, the police report, medical records, and more. Your attorney can help you gather cell phone records of the drivers involved, any nearby surveillance footage, and reports from professional accident reconstruction experts.
At any time in this process, both sides could come to terms on a settlement agreement, which would resolve the case without having to go to trial. Most motorcycle accident cases do end with a settlement, whereby the plaintiff is paid an agreed-upon amount of damages to cover medical bills, lost wages, and other losses.
In a relatively small number of instances, the defendant’s settlement offer is not acceptable to the plaintiff, and the case proceeds past discovery to trial preparation. There can be motions filed by both sides in the lead-up to trial that could shape what evidence is heard by the court. At trial, each side can call witnesses and offer evidence. A judge or jury will consider this evidence and determine which side is entitled to compensation.
Motorcycle accidents can happen under many different circumstances. Some of these collisions occur due to the same factors that lead to collisions involving larger motor vehicles. Other accidents result from circumstances that are unique to motorcycles. If you were injured in a crash through no fault of your own, you could be entitled to compensation regardless of the specific type of collision. Some common types of motorcycle accidents include:
There are countless ways for a motorcycle accident to result in a physical injury. While these vehicles are enjoyed for the freedom they provide, riding them is also known for resulting in serious injuries. Riders have little protection from impact, and a collision with a car or truck could be devastating. These accidents could result in two impacts: the initial impact with another vehicle, and a secondary impact when a rider strikes the ground.
One of the injuries that is frequently associated with motorcycle accidents is road rash. This injury occurs when a rider is thrown from their motorcycle. As the rider slides across the pavement, the friction leaves burn-like injuries across exposed skin. While common, road rash is not one of the most serious injuries related to motorcycle collisions. The other injuries from these accidents could have life-altering consequences. Some of the conditions commonly associated with motorcycle accidents include:
When injuries happen, it is important to seek medical care right away. This is true even if you are uncertain that your condition is serious. Motorcycle injuries can worsen over time, and your chances of a full recovery increase by seeking immediate medical care.
If you were hurt in a motorcycle accident in Florida, you face a limited amount of time to file a lawsuit. The deadline that applies to your case is known as the statute of limitations.
The statute of limitations exists in every state. However, the amount of time you have to file a lawsuit not only differs across jurisdictions, but also varies depending on the type of case you file. In Florida, the statute of limitations generally gives you two years to pursue your injury claim.
The two-year period that applies to your case begins to expire the day your accident occurs. If you do not file your case on time, you could face serious consequences in your personal injury case. Any time the statute of limitations is violated, the court will typically have little option but to dismiss the case with prejudice.
Dismissal with prejudice is the worst-case scenario for your lawsuit. Not only does it bring your lawsuit to an end, but it prevents you from ever pursuing the case again in the future. This is true even if the facts of the case are favorable to you. Given the important stakes, you have every reason to reach out to a qualified attorney to ensure your compliance with the statute of limitations.
If you or a loved one are involved in a motorcycle accident, you need to know and protect your legal rights. To do so, contact a Stuart motorcycle accident lawyer at Kogan & DiSalvo promptly to schedule a free and confidential consultation.
Your skilled attorney can explain the applicable law, advise you on the strength of your case, and aggressively represent your interest to achieve the compensation that you deserve. Contact us as soon as possible to learn how we can help.
Total reviews: 1119 |
Average rating: 4.9
Janhoi Phillips
Samantha Roza
Jay is a wonderful Attorney. Always answered my questions and went above and beyond. I would always recommend Kogan and DiSalvo to anyone in the future
Maureen Weir
My experience overall was great 👍 have a problem call Kogan & Disalvo period
Rodney Moore
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
P Fontenay
I am so so grateful for the team at this office. They made things go smoothly and saved me a lot of headache dealing with the insurance and bills that came with my injury. I was really surprised with the amount of money I received. I highly recommend Kogan and DiSalvo to anyone who needs a PI lawyer. Thank you very much for helping me
Major Disrespectful
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
kisha thompson
Kogan & Disalvo, the BEST lawyers and team in town!!
Jennifer Bernier
If you trust Kogan and DiSalvo Personal Injury Lawyers for your case, you can be very confident in knowing they got your back! Their professionalism and commitment to your case is second to none!
Deborah Quevedo
Very polite and professional.
Jenny Schmied-Zyontz
Amanda and the rest of the team at Kogan and Disalvo are incredibly compassionate and they’re able to listen to what you truly need and are able to get results I couldn’t ask for a better Law Firm to represent me and my personal matter and recommend anybody else who needs someone for personal injury attorneys to definitely give them a call they are incredibly client focused and very driven to get results I couldn’t ask for a better experience
Dorothy Coxson
Wonderful people!! For sure will recommend to all my friends and family. Thank you!
Shamyra Bailey
Honest, dedicated, and go above and beyond for their clients.
Christina Lowe
It is such a relief to have injury lawyers like these here in West Palm Beach.I always know who I can rely on if I am ever injured.
Kevin Smith
Amazing attorney very responsive and friendly
Luis Vidal
I would highly recommend Kogan & DiSalvo they were absolutely terrific from my first contact all the way to my settlement check their staff were there all the way. Luis V.
Antonetta Capofarri
The best decision I made was contacting kogan and the DiSalvo after my car accident I was blessed to have Todd Baker work on my case as for he was not only a lawyer representing me in tough times but he was extremely caring about me my personal life my children my health and not only did he go above and beyond by doing a video mediation while I was at the hospital but also actually drove to my home so that I was available on an important phone call when he couldnt reach me. I also had the pleasure working with Debora Tejada she was amazing updating me every step of the way.
There work together won me the maximum amount for my case. I was blessed to have met these people and have them work on my case. Thank you Todd Baker and Debora Tejada for everything.
Rock Nroll
Hello everyone that may be interested or thinking about getting representation by a lawyer. This group of lawyers and staff will go out of their way to make sure you have a stress free experience from the first day to the last.
Accidents can be stressful and your in pain and you don’t know what to do or even how to go about doing it . They will one focus first and foremost on getting you medical help to get you out of the pain your in . They will check in with doctors and call you personally to see how you are and how your feeling. They are good people here . This company really do give you this family old school feel. I certainly appreciate all the help and keeping me stress free and anxiety free during this whole process.
Just a note every single person from lawyers to office staff are fantastic.
Thank you to everyone shout out to you Jay for your help from start to finish .
Malik Hylton
Outstanding Legal Representation – Highly Recommend Kogan & DiSalvo!
I cannot say enough great things about Kogan & DiSalvo Personal Injury Lawyers! From the very beginning, their team was professional, compassionate, and incredibly knowledgeable. They guided me through every step of my case, always keeping me informed and making me feel confident that I was in the best hands.
Their attention to detail and dedication to their clients are truly unmatched. They fought tirelessly to ensure I received the compensation I deserved, and the outcome exceeded my expectations. What sets them apart is their genuine care for their clients—they treat you like family, not just another case.
If you’re looking for a personal injury law firm that is skilled, trustworthy, and committed to getting results, I highly recommend Kogan & DiSalvo. They are simply the best!
A. Christine
I had the pleasure of being able to follow my attorney Paul S., over from his prior firm. Which was the Best decision made considering Paul was very hands on and empathetic to the complications this whole ordeal has accident has caused. Completely changed my quality of life/families lives too!!
Paul always made me up to date, informed when available, and less alone through the entire process by simply showing compassion and empathy especially in my family’s time of need by listening and being a call away!
I am forever grateful and will never use any other firm than Kogan & DiSalvo. Especially without my favorite attorney by my side!
Thanks a million FAm, especially you Paul S
A. Shipley
Tampa Florida 33510
Thomas Clark
They always take your call. They are very friendly and caring. They do their best to keep you updated throughout the entire process. Thank you
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