Motorcycle Accident Lawyer in Tampa
Serious Personal Injury Recovery for Motorcycle Collisions
Florida is becoming increasingly perilous for motorcycle riders, with one of the nation’s highest fatality rates. Though most bikers are careful and courteous on the road, there may be nothing they can do to avoid a wreck when a careless, dangerous, or intoxicated motorist is bearing down on them. When a car and motorcycle collide, the rider almost always suffers the most serious, potentially disabling injuries.
When it is time to seek financial restitution for your medical bills, lost wages, and losses caused by your motorcycle accident, the personal injury attorneys at Burnett Law, P.A., can help. An experienced Tampa motorcycle accident lawyer will work with you to get the compensation you deserve.
Our legal team knows it’s impossible to eliminate all crashes. That’s why if you do get into a motorcycle accident, you need to know what to do after a motorcycle accident and hire a motorcycle accident lawyer in Tampa, FL.
At our law office, you can receive a free case evaluation and legal advice from one of our experienced attorneys. Call now - (813) 491-8272
Common Motorcycle Accidents & Injuries in Tampa
Motorcyclists do not have the same structural protections that drivers of cars and trucks enjoy. Therefore, the likelihood of serious bodily injury or death increases when a motorcycle is involved in a motor vehicle collision. Motorcyclists have the same rights and duties as those driving larger cars and trucks. Unfortunately, sometimes they are not as easy to see, especially when other drivers are speeding or distracted by their cellphones.
The design of motorcycles contributes to the severity of injuries in motorcycle accidents. Some of these injuries include:
- Traumatic brain injuries and head injuries (although wearing a properly fitted helmet can significantly reduce the chances of suffering a severe head injury)
- Neck, spine, and spinal cord injuries, as motorcyclists are more prone to being thrown off of their motorcycles during a crash
- Amputations or disfigurement of limbs and fingers as body parts can become severed or caught between the motorcycle and the road, or the motorcycle and another vehicle
- Pelvic and hip injuries, mainly as a result of the way the rider must straddle the motorcycle and the stress placed on these joints during a motorcycle crash
Beyond the physical injuries, motorcycle accidents often lead to significant emotional and psychological trauma. Victims may experience anxiety, depression, and post-traumatic stress disorder (PTSD), which can impact their ability to return to their normal activities and enjoy life fully. Addressing these issues is a critical aspect of comprehensive recovery and underscores the need for a supportive legal partner to navigate the complexities of injury claims and support emotional healing.
Motorcycle Accident Injuries Have Higher Rates of Serious Injury & Fatality
It should be no surprise that motorcycle accident cases have higher rates of serious injury and fatality because motorcyclists have less protection in a collision. Compared to auto accidents, motorcycle accidents are ten times more likely to cause serious harm.
Unlike in a car accident, where the airbags will deploy and the seatbelt will restrain passengers from being tossed out of the vehicle, motorcycle accident victims only have a helmet to protect them. It’s unfortunately common for motorists to get thrown from their bikes during an accident, resulting in broken bones and road rash. The force of being thrown from the bike can also lead to internal bleeding, organ damage, and even wrongful death.
What Sets Us Apart
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Experienced Attorneys Dedicated to Your SuccessWe guide clients through the complexities of their legal challenges, offering direct communication and hands-on support every step of the way.
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Free ConsultationsWe offer free consultations to evaluate your case, answer your questions, and help you understand your legal options.
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Proven Trial SuccessWe’re not afraid to take your case to court and have a strong track record of achieving favorable verdicts and settlements.
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Personalized Service and Genuine CareWe believe in doing the best job possible for every client, taking a meticulous and client-focused approach to uncover every advantage for your case.
Our Clients Come First
Real Stories, Real Results
At Burnett Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Mr. Josh Burnett is an amazing attorney who cares about his clients and getting them the justice they deserve.”Jennifer Z.
The Legal Process After a Motorcycle Accident in Florida
Navigating the aftermath of a motorcycle accident in Florida involves crucial steps, both immediately after the crash and in the subsequent legal process.
Immediate Steps After a Motorcycle Accident
- Seek Medical Attention Immediately: Your health is paramount. Even if you feel okay, symptoms of serious injuries (like TBI or internal bleeding) may not manifest immediately. Get a full medical evaluation, and follow all medical advice. Medical records are crucial evidence for your claim.
- Contact Law Enforcement: Report the accident immediately, especially if there are injuries, fatalities, or significant property damage. Obtain a police report number.
- Document the Scene: If safe and able, take photos and videos of:
- All vehicles involved (damage, resting positions).
- Your injuries (visible abrasions, bruises, fractures).
- The accident scene (road conditions, traffic lights, signs, debris, skid marks).
- Any witnesses and their contact information.
- Exchange Information: Get contact and insurance information from all drivers involved.
- Do NOT Admit Fault: Do not apologize or make statements that could be interpreted as admitting fault, even casually.
- Contact a Motorcycle Accident Lawyer in Tampa: The sooner you contact legal counsel, the better your chances of protecting your rights and evidence. Insurance companies often try to contact you quickly after an accident; do not speak with them or sign anything until you've consulted with an attorney.
The Personal Injury Claim Process
Unlike car accidents in Florida, motorcycles are exempt from Florida's No-Fault Personal Injury Protection (PIP) insurance requirements. This means motorcyclists cannot rely on PIP to cover immediate medical expenses, unlike car drivers. Injured riders must typically rely on their health insurance, MedPay (if they purchased it as an add-on to their motorcycle policy), or pursue a claim directly against the at-fault driver's bodily injury liability (BIL) insurance. This distinction makes the process of seeking compensation after a motorcycle accident more complex and adversarial, highlighting the need for a focused Tampa motorcycle accident attorney.
The process generally involves:
- Thorough Investigation: Your motorcycle accident lawyer in Tampa will conduct an independent investigation, gathering all evidence (police reports, medical records, eyewitness statements, traffic camera footage, accident reconstruction).
- Determining Liability: Proving negligence is key. You must demonstrate that the other driver (or another party) breached a duty of care, and that this breach directly caused your injuries and damages. Even if you are partially at fault, Florida's Comparative Negligence law allows you to recover damages, but your compensation will be reduced by your percentage of fault. However, a significant change in Florida law (effective March 24, 2023) means that if you are found to be more than 50% at fault, you cannot recover any compensation. This makes proving liability and minimizing your comparative fault absolutely critical.
- Calculating Damages: Your attorney will meticulously calculate all your economic and non-economic damages.
- Negotiation with Insurance Companies: Your Tampa motorcycle accident attorney will handle all communications and negotiations with the at-fault party's insurance company. Insurance companies frequently attempt to undervalue claims or unfairly place blame on motorcyclists.
- Filing a Lawsuit (if necessary): If a fair settlement cannot be reached through negotiation, your attorney will file a personal injury lawsuit in civil court.
- Litigation and Trial: The case proceeds through discovery (exchange of information), mediation (attempting settlement with a neutral third party), and potentially trial if no settlement is reached.
Statute of Limitations
In Florida, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is generally two years from the date of the accident. If you fail to file within this timeframe, you typically lose your legal right to seek compensation. This deadline is critical, and a knowledgeable Tampa motorcycle accident attorney will ensure it is met.
How Florida Law Can Affect a Motorcycle Injury Case
The state of Florida’s negligence laws and rules of civil litigation handle motorcycle accidents. Potential compensation and the success of your personal injury case will depend on the facts of your case and how these laws apply to the facts. Unfortunately, when it comes to personal injury law, you cannot compare similar points from other cases to estimate your case’s outcome.
This is why hiring a Tampa motorcycle accident lawyer is essential to help build your case.
To receive compensation, your personal injury attorney must prove that your injury resulted from the at-fault party’s negligent conduct. This requires showing the following:
- The defendant had a duty of care, a moral, or legal obligation to ensure your safety
- The defendant’s actions violated that duty of care
- The defendant’s actions caused your injury
- Damages from the accident
Understanding Comparative Negligence in Tampa Motorcycle Accident Cases
All motorcycle accident lawyers know that assigning fault in a negligence case can be challenging, especially if both parties share responsibility. You can have injuries from a motorcycle accident and still face some accountability.
Since there can be multiple at-fault parties, Florida law only follows the rule of pure comparative negligence. If the motorcyclist’s responsibility for the accident were 20%, the compensation would be reduced by 20%. So, for instance, if the payment is $100,000, the motorcyclist would receive $80,000.
Typically, punitive damages are not awarded in motorcycle accident cases unless the incident involves drunk or distracted driving. However, an experienced Tampa motorcycle accident lawyer can help you navigate the legal intricacies of your personal injury claim.
Additionally, Florida’s statute of limitation for negligence claims is four years. For motorcycle accidents, the four-year period starts on the day of the crash. Thus, you want to contact an experienced attorney as soon as possible.
Damages Available to a Person Injured in a Tampa Motorcycle Accident
Although you have legal rights to receive compensation after being involved in a motorcycle accident, the damages you can obtain will vary depending on several factors. Therefore, meeting with a motorcycle accident injury lawyer in Tampa is imperative to assess your case and identify the best way to recover the economic damages.
Possible compensation can represent the following damages:
- Lost wages and future earnings in the case of a permanent disability
- Medical treatments and related expenses such as emergency transportation, medication, physical therapy, and surgery
- Pain and suffering, emotional distress, and mental anguish
- Property damage
Our law firm comprises experienced Tampa motorcycle accident attorneys dedicated to helping you secure the maximum compensation possible. We’ll assist you in filing your personal injury lawsuit and gathering the necessary documentation to support your claim, including:
- Income statements
- Medical assessments
- Medical bills
- Motorcycle insurance policy
- Photos and videos of the accident
- Police reports
- Vehicle inspection reports
- Witness testimonials
How We Assist Injured Motorcycle Riders in Tampa
We encourage you to independently survey the traffic when you are driving and notice how many drivers of cars and trucks are using cellphones while driving versus those riding motorcycles. The odds are that very few motorcyclists use phones to check emails or texts because they are generally singularly focused on the road.
We get to work when an injured rider calls us for legal help. When you reach out to us for legal assistance, we:
- Connect you with local doctors and physical therapists for necessary medical care
- Review or fill out your insurance claim to ensure accuracy and completeness
- Negotiate with insurance companies for a satisfactory settlement or pursue a lawsuit if needed
- Respond promptly to your emails and phone calls, offering the information and guidance you require
Our assistance will help you get your life back on track more quickly.
Because Florida is a “comparative negligence state,” even if the motorcyclist is partially at fault for the accident, they can still recover a percentage of the total damages. Even if you believe you were partly responsible for the crash, do not presume you cannot pursue your right to recovery.
Help for Injured Motorcyclists in Tampa, FL
At Burnett Law, P.A., our experienced Tampa motorcycle accident lawyers are dedicated to helping injured patients recover compensation for their injuries, additional treatment costs, loss of enjoyment of life, loss of chance of survival, and other damages.
If you or a loved one has suffered an injury or death from a motorcycle accident and you believe that the accident arose due to the negligence of the other party, we encourage you to call Burnett Law, P.A., at (813) 491-8272 for a free consultation. Se Habla Español.
