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.
Post-Motorcycle Accident Pain
If you have been in a motorcycle accident and not gotten relief from your pain, then contact a Coral Gables, FL motorcycle accident lawyer as soon as possible. Even minor accidents between a motorcyclist and another vehicle can bring on adverse physical effects that interfere with the activities of daily living. Motorcyclists in particular are vulnerable to severe injury because they do not have the same level of protection that car drivers do. If you or your relative was in a motorcycle crash due to a reckless driver, then now is the time to reach out to us at Perez Mayoral, P.A.
Types of Injuries and Symptoms
Once the adrenaline-filled aftermath of a motorcycle accident subsides, pain and discomfort can manifest and take hold. At times, symptoms won’t appear right away, as they may take hours, days, or even longer to show up. Bodies can develop a wide range of aches, stiffness, and other adverse physical effects after a motorcycle accident. Some common types of injury and harm include:
- Headache
- Neck ache
- Back pain
- Road rash
- Chest pain
- Face and head injury
- Broken or fractured bones
- Sprains and strains
- Reduced range of motion
- Bruising
- Dizziness
- Ringing in the ears
- Blurred vision
- Spinal cord injury
- Damage to cervical vertebrae and intervertebral discs
- Mental health problems
Starting Treatment Early
Treatment for motorcycle accident injuries should start as early as possible after the incident, not only to intervene and promote healing but to prevent worsening of underlying issues as well. Unresolved injuries can lead to a loss of strength, stability, and mechanical imbalances, which places additional stress on other areas of the body as it attempts to compensate for the injury. Without appropriate intervention, structural damage and functional impairments can develop throughout the body. Motorcycle accident injuries can be helped by seeking care the very same day, but it may require more prolonged treatment and may not be entirely reversible.
Seeking Compensation
A Coral Gables motorcycle accident lawyer recognizes why immediate and effective treatment is imperative. If you delay in getting medical care, it could impact your claim and how much you receive in compensation. Auto insurance policies may cover certain types of medical care, but if another party is at fault for your accident, you must discuss what steps to take next to receive compensation for the harm, injury, or damages you experienced. We firmly believe that motorcycle accident victims should not have to pay out-of-pocket expenses for their treatment.
Contact Us For Help
Your Coral Gables motorcycle accident lawyer can evaluate your case and ensure that you receive proper treatment for accident-related injuries. We can also investigate the accident to uncover influential evidence that supports your side of the story, ultimately providing you with the most favorable outcome. If you sustained serious injury because of a careless driver, we are only an email or phone call away. Consider visiting with our dedicated team at Perez Mayoral, P.A. so we can find out how best to help you.
Motorcycle Accident FAQs
Each Coral Gables, FL motorcycle accident lawyer from our firm is committed to getting motorcycle accident victims the financial compensation they deserve. Motorcycle accident injuries are often more catastrophic than other types of vehicle crashes due to the lack of protection riders have. The following are some common questions that clients have. For more detailed information if you have been injured in a crash, contact Perez Mayoral, P.A.
What is the cost of motorcycle accidents each year?
Each year, there are almost 90,000 motorcycle accidents in the United States. Almost 6,000 of those victims suffer such extensive injuries they are unable to survive. The overall cost of these crashes each year is about $16 billion. These costs include expenses for medical care, loss of income, loss of productivity in victims’ households, loss of market productivity, property damage, and more. The largest portion of costs comes from the loss of market productivity, which accounts for almost 45 percent of that $16 billion. Medical costs come in second at almost 20 percent.
Are some motorcycle operators more at risk than others for being in a crash?
Although everyone who operates or is a passenger on a motorcycle is at risk of being in an accident, studies show that riders who are older have a higher risk of crashing. This is often due to the natural process of aging – our vision may not be as clear, and our reaction time may not be as quick.
Another reason for the difference has to do with the size of the motorcycle that older riders choose, which are typically larger and at higher risk of rolling over than the smaller bikes that younger riders usually choose.
You mentioned the size of the bike and rollovers. What about the type of bike?
In addition to the size of the motorcycle, there are certain styles of bikes that have a higher rate of crashes than others. The most common style of motorcycle that is reported to be in the most accidents with the largest amount of losses is the supersport style, coming in at number one out of 10 styles in a major study conducted by the Highway Loss Data Institute. The study found that these style motorcycles have an overall loss index of 350, while the other styles had indexes of 100.
Are there steps that motorcycle riders can take to stay safe while riding?
As a Coral Gables motorcycle accident lawyer can explain, the most critical thing a motorcycle rider can do to reduce their risk of injury and death is to wear a helmet. Traumatic brain injuries are one of the most common – and deadliest – injuries motorcyclists suffer. Florida does have a mandatory helmet law, however, there are states that do not require riders to wear a helmet under certain circumstances. It is estimated that more than 700 riders killed each year would have survived their injuries if they were wearing helmets. No matter where you are riding, you should always wear a helmet.
What should I do if I’m in a crash?
If you have been injured in a motorcycle accident, seek out medical attention, even if you do not believe you have suffered an injury. Many injuries have delayed symptoms that can become dangerously serious if not diagnosed right away.
Once you are physically able, contact a Coral Gables motorcycle accident lawyer to find out what legal recourse you may have. Call Perez Mayoral, P.A. for a free case evaluation.
Coral Gables Motorcycle Accident Lawyer FAQs
Motorcycle accidents are unfortunate and can be traumatic for everyone involved which is why many call a Coral Gables, FL motorcycle accident lawyer for help. When a motorcycle accident occurs, there are usually a lot of questions that arise; if you have questions, contact Perez Mayoral, P.A. for more information. In the meantime, here are five of the most common questions asked after a motorcycle accident:
Who is responsible for the accident?
Determining who is responsible for the motorcycle accident is crucial. It is important to establish liability so that the injured party can recover damages for their injuries. In some cases, it may be obvious who is at fault such as another driver texting, while in other cases, it may be more difficult to determine such as if weather is involved. It is important to gather as much evidence as possible, such as witness statements, police reports, and photos of the scene.
What damages can I recover?
After a motorcycle accident, you may be entitled to recover damages for your injuries. Damages can include medical expenses, lost wages, and pain and suffering. In some cases, you may also be entitled to recover damages for property damage, such as damage to your motorcycle. The amount of damages you can recover will depend on the extent of your injuries, the amount of property damage, and other factors. An experienced lawyer can calculate an estimate of compensation at your initial consultation.
Should I talk to the insurance company?
After a motorcycle accident, the insurance company of the other driver may contact you. It is important to be cautious when speaking with them. You should never admit fault or sign any documents without first speaking with an attorney. Insurance companies are focused on protecting their bottom line, and may try to settle quickly for a lower amount than you deserve. It is best to tell them your attorney will get back to them instead of talking with them.
Do I need an attorney?
If you have been injured in a motorcycle accident, it is recommended that you hire a Coral Gables motorcycle accident lawyer. An attorney can help you navigate the legal process and ensure that you receive the compensation you deserve. They can also help you negotiate with insurance companies and represent you in court if necessary.
What should I do if the other driver does not have insurance?
If the other driver does not have insurance, it can be difficult to recover damages. However, there may be other options available. If you have uninsured or underinsured motorist coverage, your own insurance company may be able to provide compensation. Additionally, if the other driver was operating a vehicle for their employer at the time of the accident, their employer may be held responsible. Even if they do not have insurance, they can still be held liable.
In conclusion, after a motorcycle accident, there are many questions that need to be answered. It is important to establish liability, determine damages, and speak with an attorney to ensure that you receive the compensation you deserve. If you have been involved in a motorcycle accident, it is important to take the necessary steps to protect your rights and obtain the best possible outcome. Contact a Coral Gables motorcycle accident lawyer at Perez Mayoral, P.A. today for more information.
