Insurance Companies May Try to Blame You

There are many times when insurance companies try to blame motorcyclists. Unfortunately, Florida’s “no-fault” auto insurance law doesn’t apply to motorcyclists. Therefore insurance companies can use this to deny you just compensation.

Even When Partially at Fault You’re Entitled to Some Compensation

Even when partially at fault for a motorcycle accident you’re entitled to some compensation. However, you’ll need to hire a motorcycle accident lawyer to prove that you’re not 100% at fault and how much you’re entitled to recover. This requires crash site evidence (e.g., debris, skid marks, damaged road signs, and barriers) that disappears quickly. You may also need evidence from other sources (e.g., traffic cameras, the driver’s phone records).

You May Have Options Besides Filing an Insurance Claim

Florida leads the nation when it comes to uninsured drivers. Even insured drivers don’t always carry enough insurance to completely cover the costs of your injuries. In either case, your only option is to file an insurance claim. Before doing so you should contact a motorcycle accident lawyer to determine against whom you should file the claim (e.g., a vehicle manufacturer, your motorcycle’s manufacturer, a government agency).

You Must Prove How Much You’re Entitled to Recover

Regardless of what type of claim you have, you must prove how much you’re entitled to recover. While doing so you shouldn’t just consider the cost of the motorcycle accident into consideration, but you should consider other factors like pain and suffering and your current and future loss of income. There may be other losses you’re entitled to recover from as well.

You’ll Need to Know When and If to Settle

Eventually, you may receive a settlement offer. Deciding whether to accept it is a major decision that could impact your life for years to come. This is why you should talk to a motorcycle accident lawyer before making any decisions so that you have as much information in front of you as possible.

Hiring a Lawyer Doesn’t Cost Anything Up Front

Although you may think that it’s expensive to hire a motorcycle accident lawyer, it actually doesn’t cost you anything out of pocket. These lawyers work on a contingency-fee-basis, meaning that you don’t pay them anything for representing you unless you win. Therefore these lawyers don’t take a case unless they believe that they can help maximize how much money you’ll win. This is also why you’ll get more money once you hire a lawyer to represent you.

You Only Have One Opportunity to Assert Your Legal Rights

You only get one opportunity to assert your legal rights when you’re in a motorcycle accident. Those who try to represent themselves frequently walk away with less money than they’re owed, if they get anything at all. With a lawyer on your side, you’re setting yourself up for success. You’ll also feel confident knowing that you’ve taken the right steps to protect yourself and your loved ones who are also indirectly affected here.

Talk to a Motorcycle Accident Lawyer in Palm Harbor, FL Today

When you’re injured in a motorcycle accident you should contact us at Blenner Law Group immediately. Not only can we answer your questions and provide you with a no-obligation consultation, but we’re committed to ensuring you get everything you deserve. Reach out to us today.

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Understanding Florida’s Motorcycle Helmet Law

Florida didn’t have a universal motorcycle law (F.S. 316.211(3)(b)) until 2000. This law mandates that anyone under the age of 21 or without an insurance policy that has at least $10,000 in medical benefits must wear a helmet. However, anyone over the age of 21 with the proper insurance doesn’t need to wear a helmet. Furthermore, everyone must wear protective eyewear.

This means that if you sustain a motorcycle injury while obeying this law your injury attorney can protect your right to collect damages from the driver who’s at fault for causing your injury claim. It’s up to you to decide what’s right for you but there are some instances where it may impact how much compensation you’re awarded. This is something that an injury attorney will be able to determine for you.

Understanding Florida’s Unique Insurance Laws for Motorcyclists

While Florida is a no-fault state for car insurance this isn’t true for motorcycles. Instead, motorcyclists are allowed to register their motorcycle without obtaining any proof of insurance. Of course, you can purchase coverage for medical payments but it’s rarely enough when there’s an injury claim. When this happens you’ll need to hire an injury attorney to pursue compensation from the party that’s at fault.

Understanding Florida’s “Helmet Defense” System

In Florida, there’s a system in use that’s known as “pure comparative fault.” This system weights the legal responsibility of anyone who makes an injury claim that’s based on a crash. What this means is that you can hire an injury attorney to help you pursue your claim even if you’re partially at fault but how much money you’ll receive will be proportionate to your degree of fault.

When you sustain a motorcycle injury while not wearing a helmet the defense’s injury attorney may use “the helmet defense” tactic to reduce your damages. According to this tactic even if the other driver is found to be at fault for causing the accident you may be considered partially negligent based on how much worse your injuries were made since you weren’t wearing a helmet.

There are times when a helmet may not even factor into a case. For instance, if you sustain a motorcycle injury consisting of a broken leg from someone crashing into you the decision not to wear a helmet is irrelevant to your injury claim. However, if you’ve developed a traumatic brain injury from this same accident then it could be argued that you may not have sustained this motorcycle injury had you been wearing a helmet. If this comparative fault claim is successful, your damages may be reduced significantly. When this happens you may be held responsible for 20% of the accident and so instead of being awarded $100,000 you’ll only receive $80,000. It’s at times like this when you’ll want to have an experienced attorney on your side to help you challenge insurers and defense attorneys effectively.

If you receive a motorcycle injury in Palm Harbor and St Petersburg, contact an injury attorney at Blenner Law Group for an injury claim consultation today.

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