Motorcycles, mopeds, scooters, e-scooters, and other similar vehicles all have a few things in common. First, they tend to be quite efficient when it comes to fuel consumption. Next, they are generally easier to maneuver in traffic – and easier to find a parking space on urban streets. Third, for individuals who like the feeling of the wind blowing in their hair, there is no better type of motor vehicle to experience this sensation then while riding on one of these types of vehicles. One last thing these vehicles have in common: riders can suffer horrific and potentially fatal injuries if they are involved in a collision.
Charlotte County motorcycle accident injury victims have a legal advocate available to them in the aftermath of these events: Parker Waichman LLP. The firm knows the challenges that injured bikers and riders face in getting their medical bills and expenses paid and their lives back on track and is dedicated to using the tools and resources at its disposal to help these individuals do just that.
Can Charlotte County Motorcycle Accidents Be Prevented?
Many of the wrecks and collisions involving a motorcyclist are preventable and would not happen but for one or more drivers committing one or more acts of negligence. A person may be found to be negligent (or careless) if he or she acts in a way that any other reasonably prudent person would not have acted if that other person was placed in the same situation. When dealing with motorcycles, motorists need to act with extra care given the ease with which motorcyclists can be injured. Motorists can be found negligent if, for example, they
- Cut motorcyclists off or otherwise disobey the “rules of the road” dictating who has the right-of-way in certain situations;
- Fail to look in one’s “blind spots” before changing lanes;
- Stopping suddenly and without adequate warning to a trailing motorcyclist;
- Not being attentive to a motorcyclist’s hand or other signals that would alert the motorist that the motorcyclist intended to turn one way or the other or stop;
- Not checking for approaching motorcyclists before opening a car door;
- Inadvertently running a motorcyclist off of the road by entering the motorcyclist’s lane of travel without giving the motorcyclist sufficient space;
- Getting into an accident with the motorcyclist and failing to stop and render aid; and/or
- Other similar acts of carelessness or negligence.
In short, many of the causes or contributing circumstances that lead to serious motorcycle crashes are well within the control of motorists to prevent. However, because people are in a hurry, or simply because they choose not to pay attention to what is going on around them, motorcycle accidents do occur.
What Makes Someone Eligible to File a Lawsuit After a Charlotte County Motorcycle Accident?
Florida follows a “no fault” insurance system when it comes to motor vehicle and motorcycle crashes. Under this arrangement, the Florida No-Fault Motor Vehicle Law mandates that drivers in Florida maintain Personal Injury Protection insurance coverage as part of their motor vehicle insurance coverage, and under Florida’s No-Fault law coverage pays the insured’s medical bills, regardless who is at fault, up to the limit of the accident insurance coverage (minimum limit is $10,000). Also, a person who is injured in a Florida motorcycle accident (or any motor vehicle collision anywhere else in the state) is usually restricted to only filing a claim with his or her own insurance company to recover compensation under the terms of the injured party’s insurance plan. Insurance companies are generally prohibited from denying the claims of their insured under such circumstances on the grounds that their insured was “at fault”; instead, insurers must pay the claims of their insured clients regardless of who was responsible for causing the collision.
There are exceptions to this arrangement, however, for individuals who are seriously and/or permanently injured in their accident. This is because such injury victims are likely going to need compensation that far exceeds the policy limits of most auto and motorcycle accident insurance policies, and it would be manifestly unfair to require the injured motorcyclist or other injured party to bear the financial burden of injuries he or she was not responsible for causing. Some of the injuries that enable a person to file a lawsuit after a motorcycle or other motor vehicle crash in Charlotte County include:
- Loss of limb injuries;
- Serious or extensive scarring or disfigurement;
- Permanent paralysis or loss of function;
- Traumatic brain injuries; and/or
- Other similar injuries.
Many of these injuries that can lead to a motorcycle collision lawsuit are quite common in motorcycle accidents. Disfigurement and scarring can result from “road rash” – serious abrasions that result from a motorcyclist being thrown off of his or her bike and sliding across the rough pavement or asphalt. Broken bones in the hips and legs are also regular occurrences, and these injuries may never heal properly but may instead permanently cause the injury victim difficulty in walking. Even where a motorcyclist is wearing a helmet, a serious motorcycle wreck can lead to traumatic brain injuries and spinal cord injuries that can limit the victim’s ability to function independently. These and other similarly-situated injury victims are likely to benefit the most from filing a motorcycle accident injury lawsuit.
How to Find the Right Motorcycle Accident Law Firm in Charlotte County, Florida
It would be a mistake for an injured biker to assume that any attorney at all in Charlotte County is a good choice to represent him or her in a Charlotte County motorcycle accident lawsuit. Such lawsuits can quickly become complex and require the lawyer to be familiar with technical, medical, and/or scientific evidence and terminology. Parker Waichman LLP not only has such knowledge but the firm also has a strong commitment to providing exceptional service and counsel to injured Charlotte County motorcyclists. This has led to the firm being the proud recipient of:
- Martindale Hubbell’s® high honor, the “AV Preeminent” Peer Review Rating;
- A “5 Dragons” (out of a possible 5 Dragons) from LawDragon.com;
- An “8” out of “10” rating on the law firm ranking site Avvo.com.
This is on top of the firm’s numerous success stories: individuals and families who were seriously hurt in motorcycle crashes and facing financial troubles but who were able to begin putting their lives back on track with a financial compensation award obtained with the help of Parker Waichman LLP.
How Does an Injured Charlotte County Motorcyclist Begin the Process of Getting Compensation?
Injured motorcyclists who are able to and desirous of filing a lawsuit against the person responsible for causing their motorcycle collision should begin by taking advantage of Parker Waichman LLP’s free initial case review, which is offered to all prospective clients and does not involve any obligation to retain the firm’s services. This case review is an opportunity for Parker Waichman LLP legal staff to gather information about the prospective client’s case and answer questions the prospective client may have about his or her ability to file a lawsuit, what compensation the prospective client might expect, and other similar questions.
If the prospective client does decide to hire Parker Waichman LLP to assist in preparing and presenting his or her Charlotte County motorcycle injury lawsuit, he or she will not owe any attorney’s fees upfront or while the firm is working on his or her lawsuit. This is because Parker Waichman LLP handles Charlotte County motorcycle collision lawsuit cases on a contingency-fee basis. Instead of requiring cash-strapped injury victims to come up with hundreds or thousands of dollars at a time when money is already probably tight. Instead, Parker Waichman LLP agrees to take a portion of any recovery obtained for the injured motorcyclist as compensation for its fees at the end of the case. In a contingency-fee arrangement, if Parker Waichman LLP fails to obtain a damages award for the client, then the client does not owe any attorney’s fees to Parker Waichman LLP.
What Losses Can Be Compensated in a Charlotte County Motorcycle Accident Lawsuit?
Although the amount of compensation one injured motorcyclist receives will likely differ from the compensation award made to others, all Charlotte County motorcyclists injured in a collision who prove that another person is to blame for the collision may seek compensation to “make them whole”. That is, the injury victim is able to obtain monetary compensation for losses and expenses that are attributable to and connected with the accident and, more specifically, the at-fault party’s behavior. This right to compensation covers both economic and noneconomic losses.
“Economic losses” can be broadly described as expenses or payments that the injury victim has made or owes. Medical bills, wages that a victim could not earn due to his or her injuries, therapy and prescription drug costs – these are all examples of economic losses.
“Noneconomic losses” refer to those “costs” that cannot be easily expressed in terms of dollars and cents. The “cost” of pain and suffering, of depression and anxiety, and of not being able to participate in life as fully as one might want to are all examples of noneconomic losses.
So long as there is a logical connection between the at-fault party’s negligent conduct and the claimed loss or expense, the injured motorcyclist will usually be able to obtain compensation for that loss or expense if his or her lawsuit is successful. For example, a motorcyclist’s medical bills he incurred in having to repair his hip following a motorcycle crash will be compensable, while compensation for a hair transplant procedure the motorcyclist always wanted to undergo will not be compensable.
The Statute of Limitations and Charlotte County Motorcycle Accidents
Each state has a statute of limitations that can play a critical role in determining whether an injury victim’s lawsuit is successful or not. The statute of limitations tells parties and courts alike how much time the injury victim has after a motorcycle accident to file a lawsuit and seek compensation.
The injury lawsuit does not have to be completed before the statute of limitations expires, but the lawsuit must be initiated (that is, the injury victim’s initial petition setting forth the facts and law that form the basis of the claim need to be on file and a copy of the same served on the at-fault party or parties) during that time. If not, the court will upon request of the other party have the injured motorcyclist’s lawsuit tossed out as untimely filed and the injured motorcyclist will not receive any monetary damages for his or her losses at all.
In Florida, the statute of limitations applicable to Florida motorcycle collision lawsuits is three years from the date of the collision.
SPEAK WITH EXPERIENCED MOTORCYCLE ACCIDENT ATTORNEYS FOR FREE TODAY
Do not leave your ability to obtain the compensation you need after a motorcycle accident to chance. Contact Parker Waichman LLP online or by calling 1-800-YOUR-LAWYER (1-800-968-7529) today to speak with us about your injury accident and the compensation to which you may be entitled.
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