Motorcycle accidents are known for resulting in serious bodily injuries. These vehicles offer limited protection to riders in a crash. This exposure can lead to severe injuries due to the impact from another vehicle or from the ground after being knocked from a bike.
You have the right to pursue an injury lawsuit after a motorcycle accident, and we are here to help. Since 1995, we have helped injured riders navigate the legal system and get the fair compensation they deserve. Our Boca Raton motorcycle accident injury lawyers can help you avoid common mistakes and maximize your recovery.
Why Seeking Medical Attention Immediately Is Crucial for Motorcyclists
Seeking out medical care is crucial if you have been hurt in a motorcycle accident, even in cases where your injuries feel relatively minor. Your body has ways of masking pain in the immediate aftermath of a crash, which can result in pain and other symptoms emerging hours or days later.
If you refuse to see a doctor after your accident, you are missing an opportunity to form the basis for your personal injury case. Creating a paper trail that establishes you actively sought medical treatment after your motorcycle accident can be useful if the at-fault party alleges that you failed to take steps to limit the extent of your injuries.
Understand Why No-Fault Laws Do Not Cover Motorcycle Riders
Florida is a “no-fault” state, which means that motorists are required to seek compensation through their own insurance policies first instead of a personal injury lawsuit in some situations. This can be a problem for the injured party, as Florida’s no-fault system is not friendly for plaintiffs.
The downside to this system is that there are limits on the available compensation. A plaintiff will only be able to recover a portion of their lost wages stemming from the crash, and they are entirely barred from damages based on things like pain and suffering. The outcome of these claims is always lower than a potential civil suit.
The good news is that these laws are limited to drivers of four-wheeled vehicles like cars and trucks. You should never assume that you are limited to filing a claim through your own insurance carrier after a motorcycle accident given that you have the right to pursue a personal injury lawsuit instead.
Avoid Talking to the Insurance Company Without a Lawyer
If you are hurt in a motorcycle crash, you can expect to start getting phone calls in short order. Typically, an adjuster from the other driver’s insurance carrier will reach out right away to get a statement. They might even imply that you have no choice but to give them a recorded statement discussing the accident.
In reality, you are under no obligation to speak with the insurance adjuster about your accident. Doing so could be detrimental to your injury claim, as anything you say could be held against you by the at-fault party’s representation.
Insurance adjusters are trained to minimize the liability their employer faces. This often is only possible by taking your words out of context or asking leading questions. The best way to avoid making a statement that puts your recovery at risk is by refusing to talk with the insurer at all. Your attorney can serve as your advocate and deal with the carrier directly.
Ignoring Legal Deadlines in Your Motorcycle Accident Case Will Be Costly
One of the primary pitfalls in a motorcycle accident injury case is the personal injury statute of limitations. This legal deadline is designed to prevent long delays between collisions and lawsuits for compensation. While you generally have two years to file your lawsuit from the date of the accident, resolving these cases may take more time than you think.
According to Florida Statutes § 95.11, filing your lawsuit after the expiration of the statute of limitations will typically cost you the chance at financial compensation. A judge hearing your case will have little choice but to grant a motion to dismiss your case with prejudice unless one of a handful of exceptions applies.
In addition to the risks posed by the statute of limitations, there are other reasons why any delay in your case can be a mistake. It takes time to determine who is at fault in a motorcycle accident, and your attorney will need a chance to thoroughly investigate the crash to develop a theory of negligence.
Do Not Dismiss the Benefits of Obtaining Legal Representation for Help
Arguably the biggest mistake you can make following your motorcycle accident is attempting to represent yourself instead of hiring an attorney. You are not obligated to work with legal counsel, but failure to do so could put your financial recovery at risk.
Motorcycle accident claims are complex, as they can involve a mix of insurance claim disputes, liability questions, and right-of-way issues that are not present in collisions involving cars or trucks. Your attorney can help you navigate the pitfalls of the personal injury landscape to ensure your case is filed on time and that you never accept a settlement that is not in your best interest.
The cost of hiring a lawyer might seem daunting, but it is helpful to think of it as an investment in the outcome of your case. In addition, our firm operates on a contingency fee basis, which means you will never be forced to pay our legal fees without having a settlement to show for it.
Protect Your Rights with Guidance from Our Motorcycle Accident Attorneys
These are only five of the mistakes motorcycle accident victims make after a crash. If you are not careful, your missteps could negatively impact your chance of recovering financial compensation after a crash. This is true no matter how strong the underlying facts might be.
Let the legal team at GED Lawyers serve as your advocates during this critical process. Our attorneys know how high the stakes are, and we look forward to the chance to fight for you. Contact us immediately for a free initial consultation.
