Motorcycle Accident Attorney Longwood, FL One of the most dangerous – and often fatal – types of crashes that occur in Florida involves motorcycles. Motorcyclists and their passengers are particularly vulnerable than other types of motorists on the road because there is virtually no protection between them and the vehicle that slams into them. Many motorcycle accident victims sustain catastrophic injuries in crashes and are unable to survive those injuries.
At David & Philpot, L.P., each Longwood, FL motorcycle accident attorney has extensive legal experience advocating for motorcycle victims and their families, successfully obtaining the financial compensation our clients are entitled to as a result of the damages and losses they suffer. The injuries victims suffer often result in physical, emotional, and financial losses. Our legal team will fight to make sure that your medical bills, loss of income, and other expenses are covered by the at-fault party, as well as compensation for the pain and suffering, emotional anguish, and any permanent disabilities your injuries have caused. If you would like to speak with a dedicated motorcycle attorney in Longwood, FL, contact our office today.Motorcycle Accident Injuries
At David & Philpot, L.P., our motorcycle accident attorneys know that these types of crashes can result in numerous types of injuries. Some of the most common injuries our clients have suffered include:- Brain injuries
- Fractured bones
- Lacerations and bruises
- Paralysis
- Road rash
- Spinal cord injuries
We also understand that one of the most common tactics that insurance companies attempt is to blame the victim for the crash. We frequently see companies insinuate that the motorcycle accident victim must have been driving recklessly or taking unnecessary chances on the road which resulted in the accident. They try to perpetuate the misconception that people who ride motorcycles are daredevils. On the contrary, the majority of riders are extremely cautious on the road because they know how unaware other vehicle drivers are that the risks those drivers take – such as turning left as a motorcycle is approaching – can kill them. Motorcycle Accident Attorney’s David and Philpot,PL Personal Injury Law in Longwood, FL believes motorcyclists are a special group of people. Many people across the country are motorcycle enthusiasts. They love the feeling of the open road without the confines of a vehicle frame and windows surrounding them and feeling that can only come from riding a bike. Motorcyclists have every right to be on the highway and enjoy the open road. Tragically, despite taking all kinds of safety precautions, many motorcyclists lose their lives in the very thing that brings them joy. According to national statistics, approximately 5,000 people are killed in motorcycle accidents every year. And each year, this number appears to increase. Those victims who are fortunate enough to survive are often left with catastrophic injuries and permanent disabilities. Many riders face treacherous scenarios every day and are constantly up against the misconception they are always taking chances on the roads. This usually implies dangerous passing/overtaking, speeding and even riding while intoxicated. Motorcyclists who ride on our highways face many dangers, which is why it’s important to know a motorcycle accident attorney in Longwood, FL. Some of the most common causes of motorcycle accidents can include sudden lane changes without signaling, debris such as tread from big rigs in sitting in the middle of the road. What was supposed to be an enjoyable ride has now turned into you or your loved one’s worst nightmare. Actually, what is often the case, is that riders are struck by vehicles whose drivers are either inattentive or driving recklessly. This ‘blindness’ car drivers have of motorcyclists occurs all too often. Academic studies have found that riders were NOT at fault 66 percent of the time and that, in fact, drivers in vehicles are failing to detect and recognize motorcyclists sharing the road with them. Because of the frequency of these types of accidents, they should be handled by an experienced motorcycle accident attorney in Longwood, FL, such as David and Philpot, Personal Injury Law, who has a practice area dedicated to motorcycle crashes. At David and Philpot, PL, we have been advocating for motorcycle accident victims for many years and are here to assist you and your family.Accident Types
Riders can be injured by another party and bear the brunt of force in many ways such as:• Being side-swiped after a vehicle makes a left turn into rider’s path/ failing to yield to a motorcycle. • Being rear-ended • Road users changing lanes and emerging from intersections • Road surface issues • Possible defective motorcycle parts If you consider the absence of airbags and surrounding support structures that are present in cars, motorcycle riders are extremely vulnerable on the road. This means that their injuries are likely to be much more severe and many times fatal. Even the use of safety helmets (recommended but not yet required by law in some states) may not be sufficient to prevent being hurt. Riders can fall victim to very serious injuries that may include traumatic brain injury, spinal trauma, broken bones, and paralysis. Unfortunately, statistics show that the motorcycle accidents are increasing and can be deadly. Statistics also show that overwhelmingly most of the accidents are not the riders’ fault. The reality is that drivers do not pay attention to motorcycles on the highway. They don’t see what is there to be seen. Because of driver inattentiveness, innocent riders are hurt or killed every day. Worse, when a motorcyclist brings a claim in front of a jury there may be hidden prejudices that exist either limiting or eliminating the rights of the rider. Some people will want punish a rider for not wearing a helmet even though the law does not require a helmet to be worn in Florida. Careful consideration of who is on your jury needs to be made to uncover these hidden prejudices, which is why it’s important to have a motorcycle accident attorney in Longwood, FL on your side. In order to protect your legal rights, you should first understand the basics of motorcycle accident injury claims. It is also wise to retain a motorcycle accident attorney Longwood, FL trusts experienced in handling claims involving motorcycles. Before hiring an attorney you need to know that your attorney understands the legal issues involved in handling a motorcycle accident case.Compassionate Attorneys
An experienced motorcycle accident attorney in Longwood, FL will have the resources to conduct a thorough investigation and identify the responsible party (or parties). Drivers who fail to see and acknowledge motorcyclists contribute to collisions over and over again. Motorcycle accidents far too often end with fatal consequences for the rider and lifelong grief for family members. To find out whether a viable case can be pursued, David and Philpot, Personal Injury Law, has accident different motorcycle accident experts we work with to ensure that your recovery includes the long-term costs of a catastrophic injury. Call today for a free initial consultation with one of our motorcycle accident attorneys. When you retain a motorcycle accident attorney in Longwood, FL, David and Philpot, Personal Injury Law, we set out to investigate the case to gather and secure evidence. We track down whether there are any witnesses to the accident. Often witnesses have differing accounts of what they remember seeing. These differing accounts have to be reconciled in a meaningful manner so the jury can understand why someone is at fault, and why the motorcyclist is not at fault. This is crucial when litigating motorcycle accident claims. We can help you with your claim. Our experienced motorcycle accident attorney Longwood, FL trusts will investigate your case and secure evidence on your behalf. We understand that you may be out of work for long periods of time and that impacts your family income. We understand the importance of obtaining a recovery sufficient to cover, not only your medical bills but also the injuries you sustained. If you have been injured in a motorcycle accident, fill out our free case evaluation form. We will contact you right away to discuss your potential claim. Contact a Longwood, FL Motorcycle Accident Attorney Today If you or a loved one has been injured in a motorcycle crash, you are likely already facing the devastating results of that crash. Injuries from motorcycle crashes often require months of medical treatment and rehabilitation. Depending on the type and extent of the injury, the victim may be limited in what they can do for themselves or how they get around. For example, a victim who is confined to a wheelchair while they recover will not be able to work, get themselves to appointments for their medical treatments, and may even have difficulty maneuvering around their own home because of the lack of handicap accessibility. Motorcycle accident victims do have legal options and the attorneys at David & Philpot, L.P. can help. Contact our office today to set up a free and confidential case evaluation with a motorcycle accident attorney Longwood, FL victims turn to. We will go over the details of your case and discuss what type of damages you may be able to pursue. If you have been injured in a crash, there are certain steps you need to take in order to preserve your right to pursue financial compensation from the party who caused the crash. A motorcycle accident attorney in Longwood, Florida from David & Philpot, L.P. offer the following tips. 1.Seek medical attention immediately In most motorcycle accidents, the riders on the bike will be injured. These injuries are often serious and require medical treatment. Even if a victim believes their injuries are only minor, they should still see their doctor. A Longwood, FL motorcycle accident attorney knows it is not uncommon for there to be delayed injury symptoms when a person is involved in any type of crash.
Not only is getting medical treatment critical for a victim’s health, but it is also crucial in any type of motorcycle accident claim they may file against the at-fault party of the crash. If a victim delays medical attention, the other driver’s insurance company could use that against them. They may refuse to pay any medical expenses the victim incurs because of their injuries, claiming that the victim is lying about how the injuries occurred and that the they were really hurt after the accident. Seeing a doctor right away and having your injuries documented, as well as a doctor documenting that the injuries are from a motorcycle crash, will make this type of insurance denial almost impossible. 2.Continue all medical treatment until you are healed and cleared by your doctor. The majority of motorcycle accident injuries are serious enough to require long-term treatments. Many victims require multiple doctor visits, physical therapy, and other types of treatments in order to heal. This can take months or, in some cases, years, before a victim is told by their doctor that the no longer require these treatments. Sometimes, either out of frustration or because they think they are well enough, a victim will stop treatments before their doctor releases them. If this happens, it can have a major impact on a motorcycle accident claim. As a motorcycle accident attorney in Longwood, FL can explain, the insurance company could use that against the victim, claiming they were not as injured as they claim and refuse to pay the victim’s medical expenses or other losses sustained because of the injury. 3.Never sign any documents from or even speak to the at-fault party’s insurance company without your motorcycle accident attorney. Insurance companies are in the business to make a profit. Every settlement dollar they pay out is a negative from that profit. When dealing with an injured victim, they will try all kinds of tactics to get the victim to settle for less than what they deserve. Insurance company hate dealing with a victim who has a motorcycle accident attorney representing them because they know that they will not be able to manipulate the victim into settling for far less than they deserve. Never speak with the insurance company without letting your attorney know. In most cases, your motorcycle accident attorney will not want you to speak with them and will handle all correspondence on your behalf. And regardless of what the company may tell you, never ever sign any documents without your attorney’s approval. 4.All victims should hire a motorcycle accident attorney to represent them. Once you have are physically able, contact a motorcycle accident attorney in Longwood, FL for help. You attorney will evaluate your case and determine what type of damages you may be entitled to. Motorcycle Helmet Laws and How They Affect Compensation Ordinarily, if you are injured in a motor vehicle accident that was caused by another driver, you are entitled to recover damages for any injuries that you incur. However, if you were a motorcyclist who was not wearing a helmet at the time of a collision with a car, your legal rights become much less clear cut. It is not a foregone conclusion that you will not be able to receive compensation. On the other hand, recovering full damages may be very difficult, if not impossible. State Motorcycle Laws There are only two states (Illinois and Iowa) that impose no helmet requirement on motorcyclists. The other 48 states all have laws on the books requiring helmets for at least some riders. Most states require helmets for all riders all the time. The others are more selective, requiring helmets only for minor riders, for example. If the laws of your state do not require you to wear a helmet when riding, it may help your claim for damage recovery. Nevertheless, even if it was not required by law, the other driver’s insurance company may hold your decision not to wear a helmet against you. Contributory Negligence Generally, if your own actions or inactions played a part in the accident or the severity of your injuries, that is known as contributory negligence. This could potentially include your choice not to wear a helmet while riding a motorcycle. Contributory negligence laws may prevent you from recovering any damages at all, or at the very least, reduce the amount of your compensation. However, contributory negligence laws vary widely by state. A few states will not compensate you if you were even slightly at fault for the accident, even if the other driver bears most of the responsibility. Other states may reduce or deny your damages if you were responsible for the accident by 50% or more. Hypothetical Scenarios Whether or not you were wearing a helmet only becomes relevant to your motorcycle accident claim if you received injuries to the head or neck. This means that even if your claim for head/neck injuries is denied, you may be able to recover damages for other injuries. If the laws of your state require that you wear a helmet, your failure to do so provides the insurance adjuster with clear evidence of contributory negligence. Nevertheless, the adjuster may still allege contributory negligence even if you were not required by law to wear a helmet, which could limit your ability to recover damages. You may be able to refute this if you can demonstrate that your injuries would have been just as severe without a helmet, but this can be difficult. An attorney can advise you of your options and help you recover the compensation you deserve. Contact our office for more information.National Stats
Although overall motorcycle crashes make up a small percentage of the total number of vehicle accidents that occur each year, these types of accidents result in the most fatalities of all accidents, as well as the highest number of drivers injured. Even more disturbing, in the majority of motorcycle accidents that occur, the motorcyclist was driving straight when the crash happened. One of the main reasons cited for this higher percentage of fatalities and injuries for motorcycle riders in crashes is that there is no barrier to protect the rider from impact with a vehicle. The rider is often thrown from the motorcycle upon impact and can sustain additional injuries if the motorcycle lands on the victim after they have been thrown. And even though a motorcycle rider may have protective clothing and other gear on, that clothing will only help protect from injury in a minor fall. It will not protect the rider from serious injuries upon impact with the vehicle, possibly causing broken bones, brain injuries, burns, and spinal cord damage. This clothing may also provide only limited protection to the ripping of skin when a thrown rider skids across pavement. This is one of the many reasons why it’s important for motorcycle accident victims to contact an experienced Longwood, FL motorbike accident attorney in the wake of a crash. These accidents can cause uniquely catastrophic injuries that can take years to recover from. Ensuring that you have access to any compensation you may be entitled to will help to ensure that you get access to the medical care you need both now and well into the future.
Let David & Philpot, L.P. Help If you would like to learn more about how a motorcycle accident attorney Longwood, FL clients recommend from David & Philpot, L.P. can get you the justice you deserve, call our office today for a free and confidential case evaluation.