Lakeland Motorcycle Accident Attorney

Helping Motorcycle Riders in Lakeland, FL

A motorcycle accident is a terrifying, life-altering event. When you are traveling on your bike, you are exposed to the elements and vulnerable to all the dangers of the road. Motorists are not used to looking for motorcyclists, and many don't even see them. When you are in an accident, you are even more vulnerable because you are not protected by a vehicle.

At Burnetti, P.A., our Lakeland motorcycle accident attorney helps motorcyclists who have been injured in an accident. We know how to fight for you and your rights. We will do everything in our power to hold the negligent party responsible for their actions and to help you recover the compensation you need to get back on your feet.

If you were injured in a motorcycle accident, call (863) 777-4507 or contact us online to set up a free consultation.

Steps to Take After a Motorcycle Accident

1. Seek Immediate Medical Attention:

   • Prioritize your health and safety by getting medical help as soon as possible, even if you think your injuries are minor.

2. Document the Accident Scene:

   • Take photos of the accident scene, your injuries, and any property damage.
   • Collect contact information from witnesses and other parties involved.

3. File a Police Report:

   • Ensure a police report is filed, as this document will be crucial for your insurance claim and any legal actions.

4. Notify Your Insurance Company:

   • Report the accident to your insurance company promptly.

5. Consult a Motorcycle Injury Attorney:

   • A Lakeland, FL attorney specializing in motorcycle accidents can provide legal guidance, help gather evidence, and negotiate with insurance companies on your behalf.

By addressing these considerations and taking appropriate steps, you can navigate the aftermath of a motorcycle accident more effectively and work towards securing the compensation and support you need.

What Causes Motorcycle Accidents?

Motorcycle accidents are often caused by the negligence of other motorists. Drivers simply don't see motorcyclists or underestimate their speed. When you are on a motorcycle, you are more exposed to the elements, and motorists are not used to looking for you.

Common causes of motorcycle accidents include:

• Drivers failing to yield the right of way
• Drivers changing lanes without checking first
• Drivers turning without checking first
• Drivers opening their car door into traffic
• Drivers turning right without looking for motorcycles
• Impaired driving (alcohol or drugs) by other motorists
• Excessive speed by other motorists
• Distracted driving by other motorists (texting, talking on the phone, etc.)
• Poor road conditions (potholes, debris, slippery surfaces)
• Motorcycle operator error (speeding, riding under the influence, improper lane positioning)

In many cases, the driver of a car or truck will be at fault for a motorcycle accident. Our Lakeland motorcycle accident attorneys know how to prove the negligence of the other party and how to help you get the compensation you need.

Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries. Motorcyclists are exposed to the elements and are not protected by a vehicle. In many cases, the injuries are severe enough to require extensive hospitalization and multiple surgeries.

Motorcycle accident injuries include:

• Broken bones
• Traumatic brain injury
• Spinal cord injury
• Internal organ damage
• Road rash
• Burns
• Amputations
• Facial fractures
• Neck injuries (whiplash)
• Knee and leg injuries
• Hand, wrist, and arm injuries

When you are on a motorcycle, you are exposed to the elements and vulnerable to all the dangers of the road. Motorists are not used to looking for motorcyclists, and many don't even see them. When you are in an accident, you are even more vulnerable because you are not protected by a vehicle.

Florida's Comparative Negligence Law

Florida is a comparative fault state, which means that your damages can be reduced if you are partially responsible for the accident. The percentage of your fault will be subtracted from the amount of damages you can recover. For example, if you are 20% at fault and the other driver is 80% at fault, you can only recover 80% of your damages.

How Florida's Motorcycle Laws Can Help You

Florida has some of the most protective motorcycle laws in the country. If you were injured in a motorcycle accident, you may be able to use these laws to your advantage. In some cases, the driver of the car or truck will not be able to prove they were not at fault. This can help you get the compensation you need to get back on your feet.

In a motorcycle accident, you may be able to use Florida's laws to prove the driver of the car or truck was at fault:

• Motorists must drive at least two feet away from a motorcycle when passing
• Motorists must use caution when driving near motorcycles
• Motorists must yield the right of way to motorcycles

Leveraging the Law for Compensation

By understanding and effectively utilizing these laws, injured motorcyclists can significantly improve their chances of obtaining the compensation they deserve. This financial recovery can cover medical expenses, lost wages, pain and suffering, and other damages incurred due to the accident.

• Responsibility for Past and Future Medical Bills:

  • The at-fault party's insurance company is typically responsible for covering your medical expenses. This can include disfigurement (visible scars or injuries), emergency room visits, hospital stays, surgeries, medications, rehabilitation, and any other necessary medical treatments.
  • If the at-fault party is uninsured or underinsured, you may need to rely on your own insurance policy, particularly if you have uninsured/underinsured motorist coverage.

• Recovery of Past and Future Lost Wages:

  • You can claim compensation for wages lost due to the accident. This includes both past wages (from the time of the accident until you return to work) and future wages if the accident impacts your long-term earning capacity. This also includes loss of earning capacity, if the injuries prevent the victim from working at the same level as before.
  • Documentation, such as pay stubs and employer statements, will be essential to substantiate your lost wage claim.

• Property Damage Compensation:

  • The at-fault party's insurance should cover the cost of repairing or replacing your motorcycle.
  • You may also be entitled to compensation for any personal property that was damaged in the accident (e.g., helmet, riding gear).

• Cost of Motorcycle Repairs and Responsibility:

  • Obtain an estimate for the cost of repairs from a reputable mechanic or dealership.
  • The at-fault party’s insurance should pay for these repairs. If the motorcycle is deemed a total loss, the insurance company should provide a payout for the fair market value of the motorcycle before the accident.

• Cost of a Rental Car:

  • While your motorcycle is being repaired, you may need a rental vehicle. The at-fault party’s insurance should cover the cost of a rental car.
  • If you have rental reimbursement coverage on your own insurance policy, you may use it and seek reimbursement from the at-fault party's insurer.

• Pain, Suffering, and Mental Anguish:

  • Pain and suffering refer to the physical and emotional distress resulting from the accident. This can include chronic pain, emotional trauma, depression, anxiety, and more. Compensation for the impact on the victim's relationship with their spouse or partner.
  • Compensation for pain and suffering is subjective and varies case by case. Factors considered include the severity of injuries, length of recovery, and impact on your daily life.

Statute of Limitations for Motorcycle Accidents in Florida

As of March 2023, the statute of limitations for a motorcycle accident lawsuit is two years (House Bill 837). This means you have two years from the date of the accident to file a lawsuit against the at-fault party. Exceptions may apply in certain circumstances, such as if you were unable to locate the defendant or if you suffered from a catastrophic injury that prevented you from filing a lawsuit.

Missing this deadline can have serious consequences for your case. You could lose the right to seek compensation for your injuries and damages. While the statute of limitations sets the deadline for filing a lawsuit, you should notify your insurance company and file any necessary claims as soon as possible after the accident. Insurance companies often have their own deadlines for filing claims, which can be much shorter than the legal statute of limitations. Additionally, filing a claim or lawsuit sooner rather than later helps preserve evidence and ensures that witnesses’ memories remain fresh. This can be crucial in building a strong case.

Why Choose Burnetti, P.A. for Your Case?

When you have been injured in a motorcycle accident, you need an attorney who will fight for you. At Burnetti, P.A., our attorneys know how to get results. Our firm has the resources and the know-how to help you get the compensation you need to get back on your feet. When you choose us, you will have a team of dedicated attorneys working for you. We know how to gather the evidence we need to prove the negligence of the other party and how to help you get the compensation you need to get your life back.

When you choose Burnetti, P.A. for your motorcycle accident case in Lakeland, FL, you can expect:

• A team of experienced attorneys
• A team of dedicated legal professionals
• A team of skilled case managers
• A team of compassionate, caring people

At Burnetti, P.A., our Lakeland motorcycle accident attorneys know how to get results. Contact us today at (863) 777-4507 to schedule a free consultation.