Motorcycle accidents are uniquely dangerous since motorcyclists have less crash protection than other motorists on the road. In the event of an accident, they can suffer severe injuries, like paralysis or a traumatic brain injury.
To recover compensation for these types of injuries, you can pursue an insurance claim or lawsuit. A Naples personal injury lawyer from Ged Lawyers can fight for compensation on your behalf. You don’t need to face the at-fault party or their insurers alone.
Injuries for Which You Can Seek Compensation
A motorcycle crash can lead to a wide range of injuries due to the lack of protection that motorcycle riders have compared to those in cars or other enclosed vehicles. The severity of these injuries can vary significantly, but they often have life-altering consequences. Below is a list of common injuries that a motorcycle rider might suffer in an accident:
- Head Injuries: Traumatic brain injuries (TBI) can result from impact, even if the rider is wearing a helmet.
- Spinal Cord Injury: Damage to the spinal cord can lead to partial or complete paralysis, depending on the severity of the injury.
- Road Rash: Abrasions caused by sliding across the pavement, which can range from mild to severe, sometimes requiring skin grafts.
- Fractures: Broken bones, especially in the arms, legs, and ribs, are common due to the force of impact.
- Internal Injuries: Damage to internal organs such as the liver, kidneys, or spleen can occur due to blunt force trauma.
- Facial Injuries: If a helmet is not worn or fails to protect, facial injuries such as fractures and lacerations are common.
- Burns: Contact with hot engine parts or road surfaces can cause significant burns.
- Psychological Trauma: Emotional and mental health impacts, including PTSD, can affect the rider long after physical injuries have healed.
Motorcycle Accident Damages
Damages can cover your financial and emotional losses after a motorcycle crash. Through damages, you could receive reimbursement for the following types of losses:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Vehicle repair expenses
- Reduced quality of life
The type of damages you qualify for depends on the context of your accident. At GED Lawyers, we can identify how the type of accident you’ve experienced impacts your damages eligibility.
Personal Injury Protection (PIP) Insurance and Motorcycle Accidents
Naples, FL, is a no-fault state, meaning most drivers must first rely on their mandatory PIP policy after a car accident, according to Florida Highway Safety and Motor Vehicles (FLHSMV). However, motorcyclists are not required to carry PIP insurance in Naples. This means that if you were injured while riding your motorcycle, you may need to rely on a different approach to pursue compensation.
Similarly, if you aren’t a motorcyclist (your vehicle has four wheels), but your accident involved an uninsured motorcyclist, your PIP policy will not apply to your accident. This example highlights the importance of underinsured motorist coverage, which can provide compensation if another driver isn’t carrying insurance. The statute of limitations (deadline for use) for underinsured motorist claims is five years in Naples.
After a motorcycle crash, a Naples attorney from our team can review your insurance policies to determine the best way to pursue compensation. As you can probably tell, motorcycle accident cases are more complicated than standard car accidents due to the statewide motorcyclist PIP insurance exemption.
Can I File a Lawsuit?
Due to Naples, FL’s no-fault laws, you can’t file a motor vehicle lawsuit unless you’ve suffered a severe injury. The following injuries are considered “serious” in Naples:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
By filing a lawsuit against the responsible party, you become eligible for additional damages, like pain and suffering or lost wages. Similarly, via a lawsuit, you could pursue compensation beyond the at-fault driver’s liability insurance (insurance carried by the other driver which covers your injuries) coverage.
If you believe you’re eligible for a lawsuit, a Naples motorcycle accident attorney from our Naples motorcycle accident lawyer can review your case. We’re prepared to take your case to court if needed.
Why Hire a Naples Motorcycle Accident Lawyer?
You aren’t required to hire a Naples attorney after a motorcycle crash. However, due to the complex nature of these accidents, you may run into one or more of the following challenges while pursuing compensation:
- The at-fault driver wasn’t carrying insurance
- You’re not sure what to do next or how to pursue compensation
- You’re injured or too busy to handle your case
- You need help dealing with insurers
At GED Lawyers, recovering your compensation is our priority. We’re familiar with the challenges associated with motorcycle accident cases and are here to put your worries to rest. While you focus on healing, we can fight for a fair settlement offer. These are the services we provide to our clients:
- Gathering evidence and building your case
- Working with relevant experts, like crash reconstruction specialists
- Keeping you updated on the status of your case
- Communicating with relevant parties
- Determining the best way to pursue compensation
- Taking your case to court if needed
The Benefit of Contingency Fees
Our team is committed to keeping our legal services accessible. We recognize that many of our motorcycle accident clients are in challenging financial positions. Through contingency fees, we:
- Don’t require upfront payment
- Only get paid if you receive compensation
Due to our payment plan, retaining a lawyer could cost you nothing upfront. We can discuss contingency fees further during an initial case evaluation.
What if I Was Partially Responsible for My Motorcycle Accident?
Motorcycle accidents are rarely black and white, meaning it’s common for both parties to be partially responsible. However, in Naples, you can still access compensation even if you were partially responsible for your accident.
Under statewide comparative fault laws, you can receive compensation from the at-fault party if you were less than 50% responsible for your accident.
This is how this rule plays out in practice:
- Imagine you were 25% responsible for your accident because you were talking on your phone
- And say the other driver was 75% responsible because they were speeding and ran a red light
In this example, you could receive 75% of your initial settlement offer because you were 25% responsible. Your compensation will shift in proportion to your degree of responsibility.
How Is Fault Determined?
Fault is key in motorcycle crashes, particularly if you aren’t relying on a PIP insurance policy. For lawsuits and liability insurance claims, you must show that another driver is responsible for your injuries.
A motorcycle accident attorney serving Naples from our team can work towards establishing fault by gathering the following types of evidence:
- Eyewitness statements
- Traffic camera footage
- Images of the crash scene
- Input from relevant experts
- Your medical records
- Receipts that document your expenses
The Statue of Limitations Applies to Motorcycle Accident Lawsuits
In Naples, you have two years from the date of a motorcycle accident to file a lawsuit. If your accident involved wrongful death, this deadline shrinks to two years. These deadlines may also shift depending on the context of your case.
Naples’ statute of limitations is particularly pertinent to motorcycle cases because, without PIP insurance, a lawsuit may be your only option to pursue compensation.
During your recovery, you’ll need to keep track of which deadlines apply to your case. Luckily, our team can assist you with part of your case by submitting relevant documents and advising you on which deadlines are essential.
Begin Pursuing Motorcycle Accident Damages Today
If you were injured in a motorcycle accident in Naples, the Naples motorcycle accident Lawyers at Ged Lawyers are ready to fight for the compensation you deserve.
Call us for your complimentary case review, and begin your journey to justice today.
