Motorcycle Accident Lawyer Coral Gables, FL
A trusted Coral Gables, FL motorcycle accident lawyer knows that things become infinitely more complicated with your motorcycle accident claim if you may have been partially at fault. Insurance companies have no shame in trying to pawn off some or all of the blame so that they can pay the lowest settlement amount possible. Whether you believe you were partially responsible or not, it is important that you do not speak to an insurance company about this. Apologizing or saying that you might be at fault is all an insurance agent needs to give you a low settlement or try to dismiss your claim. Reach out to the office of Perez Mayoral, P.A. when you need help with your motorcycle accident claim.
What if I was partially responsible?
Many accidents happen with both parties responsible to some degree. In Florida, if you are partially responsible for your motorcycle accident, you are not automatically barred from getting compensation. Florida is known as a comparative negligence state. This means if both parties share responsibility, then this will affect the amount of compensation you can get. If you are partially responsible, your Coral Gables motorcycle accident lawyer will attempt to show that you are responsible for the accident as little as possible. The more responsibility the other party has for the accident, the more compensation you would receive.
So, the court or the mediator who is involved in your case will examine the evidence. They may determine that while you did not come to a full and complete stop at a stop sign, the other party who hit your car was driving 15 miles over the speed limit while on the phone and would have had a reasonable amount of time to stop or slow down had they been paying attention. The court may say that you are 10% responsible for the accident and the other party is 90% responsible. Thus, if you were awarded $50,000 as compensation, you would be granted 90% of that, or $45,000.
Why are motorcycle accident cases difficult?
Unfortunately, when it comes to motorcycle accidents, insurance agents are too quick to point the finger. Because motorcycles are seen as less safe, insurance agents may quickly make judgments based on their own biases. However, motorcycle riders are required to obey traffic laws, should wear safety gear (Florida requires motorcycle riders 20 years or younger to wear a helmet), and must be aware of all other vehicles on the road. This often means that are more vigilant.
Common Types of Motorcycle Accident Injuries
Dealing with the repercussions of a motorcycle accident can range from a minor inconvenience to life-altering. If you have been seriously injured in a motorcycle accident, it is time to seek the legal help you need and give our office a call. The injuries you may be dealing with could leave you with trauma that is hard to deal with and could mean you have tens of thousands or hundreds of thousands of dollars in debt. If you need help following your accident, do not hesitate to set up a consultation with our team. We care deeply about our clients and getting them the legal help they need to overcome the hardships they are going through.
What kinds of injuries are common following a motorcycle accident?
There are certain injuries we often see following a motorcycle accident.
- Skin abrasions/road rash. Road rash may sound minor. In fact, of all the injuries to get after a motorcycle accident, this is probably the least painful, right? That is not necessarily true. Road rash can be serious and could cause permanent scarring and even lead to terrible infections. Your doctor may need to debride your injury, a process that can be quite painful. What may seem like the least terrible of all injuries can quickly turn serious, so do not hesitate to seek medical attention if you were thrown from your bike and slid on the road.
- Traumatic brain injuries. Many motorcycle riders get traumatic brain injuries (TBIs). While an insurance agent may try to place blame on motorcycle riders for not wearing helmets when this happens, the truth is that it can still happen to motorcycle riders who wear helmets. TBIs can cause long-lasting and permanent damage to the victim, so it is crucial that you seek medical attention as soon as possible to get the necessary checkups and treatment you need.
- Internal injuries. Due to the lack of safety equipment on motorcycles, many riders may be punctured or thrown off their bikes. When this happens, you may become injured and not even notice it. Internal injuries have a way of sneaking up on you and you may not notice them yourself until it’s too late. A doctor can give you a thorough exam following your accident to see if any internal organs were damaged.
- Spinal cord injuries. If your spinal cord was injured following an accident, this could make it so that you are unable to move certain areas of your body or never walk again. Paralysis from a spinal cord injury can be permanent and may mean that you have a disability you have to live with for the rest of your life. Spinal cord injuries can also be quite painful. It is crucial that you seek medical care immediately and call emergency responders to the scene of the accident so that you can be moved carefully.
When you need help following your accident and do not know how to negotiate a settlement for the injuries you have sustained, give our office a call.
What can I do after my motorcycle accident?
Starting the process of filing a claim can be difficult. You should not be pressured into taking a low settlement offer and you should not have an insurance agent’s biases play into how much compensation you get. If you were injured while riding your motorcycle and may be partially at fault, call the team at Perez Mayoral, P.A. Our Coral Gables motorcycle accident lawyer will discuss your case with you.