Fort Myers Motorcycle Accident Lawyers
Motorcyclists in Southeast Florida enjoy some of the best rides in the country. However, motorcycles are inherently more dangerous than enclosed passenger vehicles with riders exposed to an increased risk of severe injury in crashes. Motorcycle accidents often result from another driver’s negligence. Our Fort Myers motorcycle accident lawyers have the experience and resources to stand up to large insurance companies and win the financial compensation you deserve. Call us today at (239) 558-0750 for a free consultation.
Our Motorcycle Accident Lawyers in Fort Myers Are Here To Help You
When you work with us, our experienced Florida-based personal injury trial lawyers put you first by leveraging our entire team’s unique background and skills to ensure you get the best result possible. Since 1979, injured riders and grieving families have turned to us for help after life-changing motorcycle accidents.
Our award-winning Fort Myers motorcycle accident lawyers are successful trial lawyers with an impressive track record, having won more than $2 billion in compensation for our clients, including the following:
- $5 million wrongful death motorcycle accident recovery
- $1 million motorcycle injury settlement
- $760,000 fatal motorcycle accident recovery
- $400,000 motorcycle crash settlement
- $250,000 motorcycle accident settlement
Our case results are no accident. They result from teamwork, careful legal analysis, and smart litigation strategies. Our client testimonials and reviews are a testament to the work we do. We truly care about our clients and our community, and we show it by treating clients like family and doing our part to give back to the community and surrounding areas through giving and volunteering.
You can benefit from our winning tactics by calling our Fort Myers personal injury law office at (239) 558-0750 today. The initial consultation is free, and we charge no upfront fees. If we don’t win, you don’t pay. We serve all of southwest Florida, including Fort Myers, Cape Coral, Estero, Bonita Springs, Lehigh Acres, and surrounding areas.
We Handle Various Types of Fort Myers Motorcycle Crashes
Most crashes happen because someone is negligent. Negligence involves a failure to exercise reasonable care, which might include the following behavior Our experienced motorcycle accident attorneys in Fort Myers have seen and are equipped to handle motorcycle accidents stemming from various causes including:
- Speeding
- Distracted driving
- Drunk driving
- Fatigued driving
- Unsafe lane changes
- Tailgating
- Dooring
- Road rage
- Running red lights and stop signs
- Failing to yield the right of way
- Road defects
Sometimes motorcycle accidents can happen because of defective bikes, poor weather conditions, or limited visibility preventing other motorists from seeing riders.
Understanding Liability for Florida Motorcycle Accidents
Liability is a crucial element of all Fort Myers motorcycle accident claims. In most cases, liability is complex and contested, impacting who is responsible for your injuries and how much compensation you receive. Here’s what you need to know.
Who Could Be Liable for My Motorcycle Crash?
Florida’s negligence laws provide that anyone whose actions or inaction contribute to a motorcycle accident shares liability.
Following a thorough analysis of your crash, our motorcycle accident lawyers in Fort Myers might determine that one or more of the following parties are liable:
- The driver of a passenger vehicle
- Another motorcyclist
- Motorcycle passenger
- Truck driver
- Bus driver
- Transit company
- Uber or Lyft rideshare driver
- Bicyclist
- Pedestrian
- Government agency
- Motorcycle or vehicle manufacturer
- Employer
Our team will aggressively pursue damages from anyone who caused your motorcycle accident.
Can Shared Fault Affect My Motorcycle Accident Settlement?
Sharing any degree of blame for a motorcycle accident can either limit or bar a financial recovery.
Under Florida’s modified comparative negligence system:
- Damages are reduced when the party seeking compensation is less than or equal to 50 percent at fault.
- Damages are prohibited when the party seeking compensation is greater than 50 percent at fault.
For instance, sharing 15 percent of the blame for a recent motorcycle wreck in Fort Myers means your financial recovery will be reduced by 15 percent. However, if you’re 60 percent at fault, you cannot recover any compensation.
Our seasoned Fort Myers motorcycle accident lawyers know that the insurance company and at-fault parties won’t hesitate to blame you for your motorcycle accident. If their tactics work, you may get much less than your case is worth, or you may not receive any compensation at all.
We’re Ready to Fight for You
We will defend you and protect your opportunity to get the money you deserve. Don’t assume a finding of fault is final. Even if law enforcement says you were more than 50 percent responsible, call us at (239) 385-0229 for a free case evaluation. We may be able to prove the officer wrong. Motorcycle riders often face undeserved blame because of police bias. We know what it takes to overcome an unfair finding of fault, and we have the resources to accomplish it.
We will perform a more thorough investigation than the one law enforcement used to find you at fault. Our investigation will include our own forensic analysis, witness interviews, a review of video surveillance, a safety recall investigation, and more. We will download the black box data from the car that hit you and if necessary, we will even buy the wreckage to protect our access to the evidence.
When you’ve been blamed for a motorcycle accident that caused you to suffer severe injuries, it can feel like the whole world is against you. You can count on us to be on your side and fight for you until you recover the compensation you deserve.
A Traffic Ticket Cannot Be Used Against You
If you received a citation in connection with your motorcycle accident, it doesn’t mean your case is lost. Traffic tickets are inadmissible in court as evidence of fault. The police report and your statements to the police are also privileged information that cannot be used against you.
The insurance company will try to convince you that you don’t have a case if you received a ticket, but when you have our Fort Myers motorcycle accident attorneys on your side, the ticket becomes irrelevant. The insurance company hopes you won’t hire a capable motorcycle accident lawyer because it may have to pay you significant compensation when the truth comes out. Contact us now for a free consultation.
Florida Personal Injury Protection Insurance and Motorcycle Accidents
Florida is a no-fault state for four-wheeled motor vehicles, but this does not apply to motorcycles. Personal injury protection insurance, or PIP, provides four-wheeled vehicle drivers with coverage during an accident regardless of fault, but this coverage is not available to motorcycle riders in Florida.
Florida car accident victims must file a claim against their PIP insurance first. This insurance covers some lost wages and medical expenses. Motorcycle riders can purchase medical payments insurance, covering their injuries from accidents.
Filing a Fault-Based Claim for Motorcycle Accident Injuries
As an injured rider in an accident, you would start by filing a claim against the at-fault driver’s insurance for your injuries and motorcycle damage. However, Florida drivers must only carry $10,000 in property damage coverage, and bodily injury liability insurance is not required.
Thus, the at-fault driver may not have enough insurance to cover your injuries. This is where our tenacious motorcycle accident lawyers in Fort Myers can come to the rescue. We can help you find alternative sources of compensation, which may include a combination of the following and more:
- Your own uninsured or underinsured motorist coverage.
- Your own medical payments coverage.
- Another liable party’s insurance coverage.
- An umbrella policy you may carry.
- Short-term or long-term disability insurance you own through an employer.
- Social Security Disability.
Call us now at (239) 558-0750 to find out how our Fort Myers motorcycle accident lawyers can help you recover the compensation you deserve.
What Types of Compensation Can I Get After a Motorcycle Accident in Fort Myers?
When you’ve been injured in a motorcycle accident because of someone else’s negligence, you may be entitled to recover financial compensation for your pain, suffering, lost wages, and medical expenses. If you can present clear and convincing evidence of intentional misconduct or gross negligence, you may also be able to seek punitive damages.
Pain and Suffering Damages
Pain and suffering after a motorcycle accident can be intense and long-lasting. These types of damages are also known as non-economic damages because these significant losses are not monetary. When calculating your non-economic damages, our attorneys will consider emotional distress, physical pain, loss of bodily functions, scarring, disfigurement, and other intangible losses. We will spend substantial time talking to you and your loved ones so we can fully understand the gravity of your pain, suffering, and losses.
Lost Wages
Suffering severe injuries in a motorcycle accident can drastically impact your ability to work now and in the future. Our attorneys will help you pursue compensation to cover your lost salary and wages from your current job, but we won’t stop there. We will also work with life care planners, vocational experts, and economists in our network to determine how much income you likely would have earned throughout your lifetime were it not for the accident. We will then fight for you to receive every penny.
Medical Expenses
Your medical expenses may be substantial after a motorcycle accident, and if your injuries are permanent, you will need medical treatment related to your injuries throughout your lifetime. We will take the time to calculate your lifetime medical costs with the help of medical experts and financial planners who can give our attorneys accurate insight into your long-term prognosis and the future care you will need. Compensation for medical expenses may include the costs of doctors, hospitalizations, surgical procedures, rehabilitation, physical therapy, wheelchairs, home health, medications, and more.Â
Wrongful Death Damages
Our dedicated motorcycle accident lawyers can also help you and your family recover compensation after the untimely death of your loved one in a motorcycle accident caused by someone else’s negligence. This type of claim is known as a wrongful death lawsuit.
What’s the Statute of Limitations for Florida Motorcycle Accident Claims?
Generally speaking, you will have two years from the motorcycle accident date to pursue a lawsuit for damages.
If you’ve lost a close family member in a fatal Fort Myers motorcycle wreck, you’ll have two years from their date of death to file a wrongful death action.
Do not let the deadline come and go without taking action. Once the Florida personal injury statute of limitations expires, you’ll give up the right to pursue monetary damages from liable parties.
What Are Florida’s Motorcycle Laws?
Florida has enacted several motorcycle laws to keep you safe and reduce the odds of getting into a motor vehicle accident.
These laws can also potentially affect a legal claim for damages if you’re injured in a motorcycle crash. Among them are the following:
- Florida has a motorcycle helmet law. Riders and passengers under 21 are legally required to wear a DOT-certified motorcycle helmet. Riders 21 and over can opt out if they purchase at least $10,000 in medical benefits.
- Riders must wear eye protection. Motorcyclists must also wear eye protection and are encouraged to wear other protective gear to limit catastrophic injury or death.
- Lane splitting is illegal in Florida. Florida’s lane splitting law requires all motorcyclists to maintain their vehicles within a single traffic lane. It’s illegal to ride between lanes, or split lanes to pass slower-moving vehicles.
- Motorcycle stunts are prohibited. Riders must sit on the seat and keep both wheels on the ground at all times.
- All riders must have a valid motorcycle license or endorsement. A person may not operate a motorcycle unless they hold a driver’s license that authorizes such operation, subject to the appropriate restrictions and endorsements.
Violating safety rules can potentially be used to prevent or limit your ability to recover damages if you’re involved in a motorcycle accident.
Why Do Motorcycle Riders Have Higher Risks?
Structurally, motorcycles are vastly different from cars. These differences assist in generating a variety of factors that place motorcycle riders at a higher risk of accident and injury.
Less Visibility
One of the most important factors raising this risk is the lower visibility of motorcycles due to their smaller size. Motorcycles are legally entitled to be on the road, which gives drivers a duty to watch for them. Unfortunately, many drivers don’t. This may explain why as many as 42 percent of all motorcycle crashes involving another vehicle occur when a car turns left in front of a motorcycle going straight.
Less Stability
Another important risk factor is the reduced stability inherent in the design of motorcycles due to the vehicle being on two wheels rather than four. A small bump in the road for a car could be a life-threatening hazard for a motorcycle.
Less Protection
When an accident does occur, car occupants have the benefits of seatbelts, airbags, and being enclosed inside a metal vehicle. Motorcycle riders are completely exposed, with no crash protection other than a helmet for riders who choose to wear one.
Fort Myers Motorcycle Accident Statistics
According to the Florida Department of Highway Safety and Motor Vehicles Crash Dashboard, there were 333 motorcycle accidents in Lee County in 2022, injuring 267 people and killing 29.
Motorcyclists face a higher risk of being involved in an accident than other motorists and an even greater risk of severe injury or death when an accident does occur. According to Ride Smart Florida, motorcyclists drive only one percent of all vehicle miles in Florida but are involved in two percent of traffic crashes and nearly 17 percent of traffic deaths.
From 2015 to 2020, serious injuries were most common in March, April, and October, with the highest number of fatalities in March, November, and December. Motorcycle fatalities across the state have more than doubled in the last 20 years.
Florida has the seventh-highest motorcycle accident rate in the country, with 9.5 deaths per 10,000 motorcycles ridden. In 2021, Florida had the highest number of motorcycle accident deaths of all 50 states, with 612 deaths—a two percent increase since 2020.
Florida’s death rate for motorcyclists is much higher than the national average of 6.6 deaths per 10,000 riders.
What Should I Do After a Motorcycle Accident in Fort Myers
We can help you pursue damages for your loved one’s pain and suffering, the lost income of your loved one, your family’s emotional losses, and more. Call our Florida wrongful death lawyers in Fort Myers today at (239) 558-0750 for a free case review.
Here are a few simple steps that can keep you safe and increase the odds of a substantial financial recovery:
- Don’t talk to the insurance company any more than absolutely necessary. Insurance adjusters often appear friendly and helpful but are not on your side. Everything you say can be used against you. Contact an experienced motorcycle accident lawyer immediately and direct the insurance company to your attorney without comment.
- Don’t accept an early settlement offer from the insurance company. The insurance company hopes you’ll accept this offer because it typically falls far short of your actual damages. If you accept this offer, you won’t be able to sue for additional damages if your injuries cost more than you anticipated.
- Don’t admit fault to the insurance company’s representatives, the injured party, or even anyone in your close circle of friends and family. This includes social media posts and discussion. The insurance company may be watching.
- Complete your medical treatment and immediately report any new symptoms to your doctor. This will serve as important evidence to prove how severely you’re injured.
- Don’t accept a finding of fault by the police or the insurance company. Our conscientious motorcycle accident lawyers in Fort Myers will perform a detailed forensic investigation with the assistance of top accident reconstructionists. Our investigations often reverse previous assignments of fault.
Remember that you don’t have to fight for the compensation you deserve alone. You can count on our Fort Myers motorcycle accident lawyers to be here for you when you need us the most. We’re here for you and here for good.
Get Help With Your Fort Myers Motorcycle Accident Claim Today
If you or a loved one was hurt in a motorcycle crash, contact our motorcycle accident attorneys today at (239) 558-0750 and get closer to securing the compensation you rightfully deserve.
Our Fort Myers, FL Attorneys
Trust Farah & Farah to Help You Win Your Fort Myers Motorcycle Accident Lawsuit
Fort Myers Motorcycle Accident Statistics
Why Do Motorcycle Riders Have Higher Risks?
What Are the Most Common Causes of Fort Myers Motorcycle Crashes?
Understanding Liability for Florida Motorcycle Accidents
What Types of Compensation Can I Get After a Motorcycle Accident in Fort Myers?
What Should I Do After a Motorcycle Accident in Fort Myers
Florida Personal Injury Protection Insurance and Motorcycle Accidents
What’s the Statute of Limitations for Florida Motorcycle Accident Claims?
Fort Myers Motorcycle Accident FAQs
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