Motorcycle Accident Attorney
You enjoy riding your motorcycle around Polk County and Central Florida. Unfortunately, one day, you are involved in an accident. If your motorcycle accident is the result of someone else’s actions, hold the responsible party accountable. When you meet with our motorcycle accident attorney law firm in Lakeland, FL, we can help you determine if now is the time to proceed with a personal injury lawsuit.
Our Lakeland motorcycle accident attorney team at Howell & Thornhill, P.A. have decades of experience. We know what problems can come up in your motorcycle accident case. Our team will address these issues and fight for your compensation for your accident losses. For more information, request a free case consultation with us.
Why You Need Howell & Thornhill, P.A. After a Motorcycle Accident
When you speak with our Lakeland motorcycle accident attorneys, you have our undivided attention. Our lawyers want you to understand what a motorcycle accident claim or lawsuit entails. If you hire us, we will stay with you at each stage of your case proceedings.
We Track Down Crash Footage and Investigate Your Collision
Our motorcycle collision lawyers in Lakeland may work with an investigator to track down video footage of your accident. They may also interview accident witnesses and conduct other research. Doing these things and many others can help your lawyer find out who is responsible for the incident and seek compensation from them.
A Record of Successful Verdicts and Settlements
Take a look at the settlements and judgments we have reported in motorcycle collision cases and many other kinds of injury claims. Over the years, we have obtained millions of dollars in compensation for over 10,000 clients. We can evaluate your motorcycle crash case, help you determine what it is worth, and fight for your desired outcome.
Our Law Firm Focuses on Client Satisfaction
Many clients have raved about our legal services and support. Read through our hundreds of client testimonials, and you can get a good idea about what it is like to have us in your corner. Throughout your motorcycle accident case, we are here to answer your questions. Any time you have legal concerns or questions, we want to meet with you face to face to answer your questions. Of course, if you are pressed for time, we can set up a phone conference or a video call.
It Can Be Difficult to Get Money Through a Motorcycle Accident Insurance Claim
There are Florida insurance requirements that apply to motorists. However, if you ride a motorcycle in Florida, you do not necessarily need insurance to do so. It is crucial to find if the driver at fault, the owner of the vehicle the at fault driver operated, the employer of the driver at fault, or any other responsible party has insurance. Additionally, it is possible your underinsured motorist coverage a car may apply to your motorcycle. Our attorneys will hunt for all possible sources of reimbursement.
Just because someone has an insurance policy does not mean that you will be compensated for your losses in a motorcycle collision. Ultimately, a liable party’s insurer may do everything possible to avoid compensating you. It may dispute your claim or offer you less than what your claim is actually worth.
Our Lakeland motorcycle accident lawyers can fight to get you fair compensation from an at-fault party’s insurance company. They may negotiate an insurance settlement on your behalf. If you receive a settlement offer, you can evaluate the proposal with your attorney. Of course, if a settlement proposal is less than what is fair or what you want, you can decline. Depending on your situation, your lawyer may advise you to file a lawsuit and bring your case to trial.
You Have a Brief Window of Time to File a Motorcycle Accident Lawsuit in Florida
If you want to file a personal injury lawsuit against anyone at fault for your motorcycle accident, you have a brief window in which you can do so.
Based on Florida Statute § 95.11, the statute of limitations for an injury claim or lawsuit is typically two years. Beyond this period, you are responsible for your motorcycle accident losses. Act immediately to safeguard your rights.
The Compensation You Get in a Motorcycle Accident Case Varies Based on Your Losses
Our motorcycle accident lawyers in Lakeland will account for your quantifiable and subjective losses as they figure out what your case is worth. Your attorney at our firm will fight for you on the following types of claims, such as:
Pain and Suffering
The mental anguish, loss of capacity for enjoyment of life, suffering, and emotional distress from your motorcycle accident may affect right after the crash and long into the future. Tell your lawyer about the affect on your activities of daily living so that our motorcycle accident lawyers can fight for your reimbursement both in the past and into the future.
Lost Wages
Your motorcycle accident injuries keep you out of work. If you are coping with a spinal cord injury (SCI) or other catastrophic injuries, you may not be able to return to your job. Your attorney may hire an expert to summarize your loss of earning capacity from the injury. Simply put, because of your injury, you may not be able to work full time or you may only be able to handle a light duty position, and as a result, make less money.
Medical Bills
It is unclear how you will pay for physical therapy, surgery, and ongoing medical care for the injuries you have suffered in your motorcycle crash. These bills can be in the tens of thousands of dollars. Your lawyer will work with you to make sure you are not out of pocket for these huge expenses. Holding the insurer for the driver at fault is crucial.
Asking for these and other damages and getting them are two different things. Your lawyer will meet with you and fight for your fair reimbursement.
Establishing Negligence in a Motorcycle Accident Case
Your Lakeland motorcycle crash lawyer wants you to make informed decisions at each stage of your case proceedings. To recover damages in your motorcycle collision, you must prove that someone acted negligently. Your attorney may use accident scene photos, witness statements, surveillance camera footage from local businesses near the scene of your crash, and other evidence to show that someone was negligent.
In addition, your attorney will build an argument based on these elements of negligence:
Duty of Care
You take motorcycle safety seriously. Thus, you follow the rules of the road for riders and take safety precautions every time you travel on your motorcycle. In the same way you are required to comply with the law, motorists and other parties must do so as well. For instance, motorists must drive without texting. They must look carefully for motorcycles before turning left or pulling out into a road. Otherwise, when someone chooses to act recklessly or carelessly, they are violating or “breaching” their duty of care to others.
Breach of Duty of Care
Someone breaches their duty of care by committing an act that puts people in danger. For instance, a person drives a car while intoxicated or while texting. When that intoxication or distraction causes them to pull out in front of a biker, it can cause a serious crash. Get legal help if you have been injured by a drunk driver or a careless driver. Your attorney can help you prove that this motorist violated their duty of care and should have to pay you for the harm they have caused.
Causation
Your lawyer must prove that the crash caused your injuries. Your lawyer will review the medical records of your doctor, the MRI center, and the specialist to document how the injury caused and injury and the affects of those injuries.
Damages Total
How much you receive in damages is dependent on the severity of your injuries and other factors. Your lawyer may use your pay stubs, medical bills, photographs of your bruising or cuts, videos of the activities that cause you pain, and other proof to explain to the court how your accident has affected you financially.
You Can Still Seek Damages If You Are Partly at Fault in a Motorcycle Accident
Per Florida Statute § 768.81, modified comparative negligence can play a role in your motorcycle collision case. This rule allows a judge or jury to award partial damages if you are 1-50% liable for your motorcycle accident. In a situation where you are more to blame than the driver at fault, you may not recover damages.
To understand modified comparative negligence, look at what can occur if you are 20% liable for your motorcycle crash. This means that the defendant is 80% responsible for the incident, and you may have to cover 20% of your losses.
If the court rules you are over 50% liable for your motorcycle accident, you may be ineligible for damages. Your lawyer wants you to avoid this worst-case scenario. Therefore, they work diligently to gather evidence from a wide range of sources and to help put together the truth that shows how the other driver caused the crash.
Many Parties Could Be at Fault for Your Motorcycle Accident and Injuries
South Florida Avenue, County Road 540A, Interstate 4, State Road 60, US 98, Bartow Highway, Combee Road, Hardin Boulevard, and Highway 92 are some of the high-traffic areas where motorcycle accidents are frequently reported in Lakeland. The individuals who your lawyer will investigate for causing the crash include:
Drivers
If a motorist engages in distracted driving or makes other mistakes behind the wheel, they may not see a motorcyclist nearby and cause an accident. In this situation, the motorist or their insurance company may have to cover the rider’s accident losses.
Owners
In Florida, the owner of a vehicle is responsible for all harms caused by the careless driving of the operator of the vehicle. The title of the vehicle that caused the crash must be researched to discover the names of all owners of a vehicle.
Employers of Driver at Fault
When the driver who causes the crash is doing a work errand, the employer of the driver is responsible for the harms. An employer may have a commercial insurance policy that also provides coverage to the driver. This coverage can help insure that you receive full reimbursement of all the harms from the crash.
Filing a Wrongful Death Claim After a Fatal Motorcycle Crash
You and your loved ones are devastated by the loss of your family member in a motorcycle accident. The emotional toll is significant, and you and your family are worried about what the future holds. If someone is liable for your loved one’s fatal motorcycle accident, you may seek compensation from them and the insurer. With help from caring and empathetic wrongful death lawyers, you do not have to go through the legal process alone.
Wrongful death attorneys know the challenges a fatal motorcycle accident lawsuit poses. They can address these challenges as you and your loved ones care for and support one another. Your lawyer can handle your legal matters and keep you updated as your case progresses.
A wrongful death claim or lawsuit can help you and your family pursue justice from anyone at fault for your loved one’s tragic motorcycle accident. It also allows you to request compensation for your late family member’s burial and funeral expenses and other losses.
Contact Our Motorcycle Accident Attorney Law Firm in Lakeland, FL
Howell & Thornhill, P.A. has helped many in need of legal representation after a motorcycle accident. Our team listens to you, asks you questions, and analyzes all aspects of your motorcycle crash case. From here, we can represent you during an insurance claim or as part of a personal injury lawsuit. To request a free consultation with our Lakeland motorcycle accident attorney team, contact our law firm today.