With scenic roads and idyllic year-round weather in Florida, it is no surprise that riding a motorcycle is a popular leisure activity and transportation option for commuters. However, other motorists don’t always pay attention to motorcycle riders, and this leads to accidents.
Collisions involving a vehicle and motorcycle can cause severe injuries or even death. If you sustained serious injuries due to another motorist’s negligence, it’s time to contact Spring Hill motorcycle accident attorney Wendy Doyle-Palumbo, Esq.
Common Causes of Spring Hill Motorcycle Accidents
The circumstances of every motorcycle collision differ. A wreck can occur for any number of reasons. However, we see some causes more often than others. Some of the most common causes of motorcycle accidents in Spring Hill include:
- Distracted driving—motorists who focus on something other than the road, such as texting, checking the GPS, changing the radio station, talking on the phone, eating or drinking, etc.;
- Left-hand turns—Drivers who negligently turn left in front of a motorcycle because they misjudge the motorcyclist’s speed or fail to notice the motorcycle at all;
- Failure to check blind spots—Motorists often forget to check their blind spots for motorcycle riders and bicyclists;
- Tailgating—Vehicles need longer to stop than motorcyclists, so drivers that follow too closely might rear-end a motorcycle;
- Speeding—Drivers who are speeding and weaving in and out of traffic could very easily miss a motorcyclist; and
- Drinking and driving—Drivers who get behind the wheel of a vehicle after using drugs or alcohol put everyone at risk, including motorcyclists.
Other factors can also contribute to motorcycle accidents, including adverse weather and hazards on the road. It’s not uncommon for accidents to include multiple causes.
Before collecting any compensation, you need to prove liability against the responsible party. Your Spring Hill motorcycle accident lawyer will explain who could be held liable for your damages.
Proving Liability in a Florida Motorcycle Accident
Florida is a comparative negligence state. If you are partially at fault for the accident, you can still collect money for your injuries. However, any compensation will be reduced by your percentage of fault. For example, if you are 25% at fault, the maximum compensation is 75% of your overall damages.
Because Florida follows the legal theory of comparative negligence, you need an experienced motorcycle accident attorney in Spring Hill on your side.
Insurance companies will do their best to place the most liability on you as possible. By doing so, they can reduce or eliminate their exposure. Without legal representation, the adjuster will try to make you believe you are the primary cause of the collision.
Common Injuries in a Florida Motorcycle Accident
Motorcyclists have little protection when compared to occupants in a motor vehicle. Steel framing, airbags, and seatbelts are just three safety protections drivers have over a motorcyclist. That is part of why injuries are often so severe in motorcycle accidents.
Some of the most common injuries our Spring Hill motorcycle injury lawyers represent victims for include:
- Traumatic brain injuries;
- Soft tissue injuries;
- Other neck injuries;
- Road rash;
- Concussion and other head injuries;
- Spinal cord injuries, including paralysis;
- Fractured or broken bones;
- Internal bleeding and organ damage;
- Lacerations and burns;
- Disfigurement; and
The more severe your injuries are, the more your case might be worth. You need a skilled lawyer who can build the strongest case possible. Wendy Doyle-Palumbo, Esq. has years of experience assisting injured victims like you.
Types of Compensation You Can Recover After a Motorcycle Accident
A standard motorcycle accident usually involves two types of damages, and these are known as economic and non-economic damages. While the total amount of each varies between cases, they both play a significant role in determining the value of a claim. Here’s an overview of each damage type and how they might apply to a motorcycle accident.
When it comes to motorcycle accidents, the financial losses related to your injury are probably the most noticeable. That’s where economic damages come in.
Essentially, this damage type includes any direct financial loss associated with your accident, such as:
- Current and future medical treatment costs,
- Vehicle and property repair expenses,
- Lost wages during recovery, and
- Reduced earning capacity.
While this may seem relatively straightforward to calculate at first, keep in mind that some injuries require years of care. In this case, a Spring Hill motorcycle accident attorney can help figure out the future costs you may incur due to your injury. This is especially important in cases involving severe disability since these conditions often come with lifelong complications.
Although it’s easy to focus on the financial aspect of a claim, injuries also have a physical and emotional cost. The value of these hardships depends on how the challenges affect the victim’s daily life. Maybe their injury prevents them from having a normal routine or lowers their quality of life in some way.
These intangible losses are known as non-economic damages, and they include things like:
- Mental or emotional anguish
- Permanent disability,
- Severe disfigurement,
- Loss of life’s enjoyment, and
- Pain and suffering.
Since the scope of these losses is so personal, there is no standard way to calculate them. Instead, a motorcycle accident attorney in Spring Hill may come up with a custom formula for the client. Generally, the more severe the injury is, the more non-economic damages the victim has.
The Process of Filing a Motorcycle Accident Lawsuit
While most claims never end up going to trial, there are times when it’s impossible to reach a settlement. In this case, your Spring Hill motorcycle accident attorney might recommend filing a lawsuit.
Typically, the first step in filing a motorcycle accident lawsuit is making a legal complaint against the other party’s insurance company. This document serves as a notice to them and includes a general description of the negligent action itself.
Next, once the insurance company receives the complaint, they may attempt to negotiate a resolution. During this discovery phase, both you and the insurance company exchange evidence regarding the claim.
Finally, if the defendant refuses to settle for a fair amount of money, the case goes to trial. This is the stage of the lawsuit where your Spring Hill motorcycle accident lawyer presents your argument to the judge or jury. After both sides present their arguments, the judge or jury then hands down a verdict. For many, this is the most intimidating part of the lawsuit process. In any case, it’s usually best to hire a lawyer long before you reach this stage in your claim.
How a Lawyer Can Help Your Motorcycle Injury Claim
You are not under any legal obligation to hire a lawyer to represent you. However, having a legal advocate can help your claim in many ways. Your attorney will gather all evidence and handle communication with the defendant’s insurance company. That communication includes negotiating a potential settlement.
Your attorney will also ensure a lawsuit is filed before the Florida statute of limitations expires. If the defendant’s insurance company denies liability, we can file a lawsuit right away.
Wendy Doyle-Palumbo, Esq., has the necessary courtroom experience to take your case to trial. While many cases do not get that far, you have peace of mind knowing your attorney has the expertise and resources to fight for you.
Contact Motorcycle Accident Lawyer, Spring Hill, FL
If a negligent driver injured you in a motorcycle accident, you have legal rights. You don’t need to go through the claims process alone. Hiring a Spring Hill motorcycle accident attorney can improve your chances of receiving the money you deserve.
Wendy Doyle-Palumbo, Esq. understands how challenging motorcycle injury claims can be. You should be concentrating on your healing, not fighting with the insurance company to get compensation.
Wendy Doyle-Palumbo, Esq.
Serving Pasco County, Hernando County & Citrus County, Florida
Wendy Doyle-Palumbo is a Pasco County Personal Injury Trial Lawyer representing victims who have been injured by the negligence of another. Representing those who have been personally injured in Pasco, Hernando, and Citrus County, Florida. Compassionate, aggressive, and experienced personal injury attorney fighting for your rights to compensation under Florida Law.