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.
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.
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.
