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Riding a motorcycle in Clearwater, whether it’s a daily commute on US Highway 19 or a trip down Gulf-to-Bay Boulevard, inherently puts riders’ safety at risk. When another driver crashes into you, however, your injuries are likely to be much more serious than those typically associated with car accidents. When your accident is caused by another party’s negligence, a Clearwater motorcycle accident lawyer can help you understand your legal options.
Ronald Bone has helped injured people and families throughout Florida since opening his firm in 1997. With over 30 years of combined trial experience, our firm takes great pride in carefully screening every potential case so we can focus on those clients who require personal representation during every step of the legal process.
Bone is AV-rated by Martindale-Hubbell as a Client Champion Silver Award recipient, and is frequently recommended by other lawyers when they get cases involving serious injuries or wrongful death. However, awards and recognition are not guarantees of future results. Selection criteria vary by organization.
The firm has handled numerous jury trials resulting in significant awards for our clients.
Notable outcomes from cases handled by the firm include an $8.5 million judgment for a rear-end collision necessitating jaw reconstruction, a $6 million settlement for a severe traumatic brain injury, and a $2.4 million verdict in a wrongful death claim involving a motorcycle. Keep in mind that past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
Motorcyclists have little protection when involved in a crash with another vehicle or object. Even with a helmet and other protective gear, riders can sustain serious injuries if they’re hit by another motorist. A car accident that leaves only minor damage to a vehicle may cause catastrophic injuries to a motorcyclist, such as multiple fractures, internal injuries, spinal cord trauma, and traumatic brain injuries.
Florida law treats motorcycles differently than other motor vehicles in some ways. Florida Statutes § 316.2085, for instance, outlines specific requirements for motorcycle lane usage and equipment. Riders should understand these rules and operate their vehicles accordingly. However, knowing and following the law may not prevent other negligent drivers from causing a motorcycle crash.
Many motorcycle injuries are severe enough to require immediate medical attention from emergency responders. Victims may require multiple surgeries, long-term rehabilitation, and weeks or months away from work. Some individuals suffer permanent disabilities that impact their ability to work and perform daily tasks. These long-term injuries can make motorcycle accident claims more complex than typical car accident cases.
In 2023, Pinellas County saw 420 motorcycle crashes with 23 fatalities and 365 injuries. Most motorcycle accidents are caused by another motorist failing to see the motorcycle or improperly responding to the motorcycle. Due to their size, distracted drivers may fail to see motorcycles while changing lanes, turning left, or merging onto a busy road. Common causes of motorcycle accidents include:
Reviewing all possible causes of a motorcycle accident is critical because multiple parties could be held liable.
Motorcycle accidents are generally approached from a negligence perspective. The injured party must prove that another person acted negligently, and this behavior caused the motorcycle accident and injuries. There are four elements which must be established in order to prove negligence.
The first element is that the defendant owed a duty of care to the motorcyclist. All drivers have a duty to use reasonable care when operating a vehicle and to follow traffic laws. When motorcyclists are on the road in Florida, other drivers have a legal obligation to be mindful of their safety.
The second element that must be proven is that the defendant breached the duty of care. A breach of the duty of care occurs when a driver fails to act with the same level of care that a reasonably careful driver would, such as driving distracted or driving recklessly.
Third, it must be proven that the breach of duty caused the motorcycle accident and injuries to occur. Insurance companies often try to shift blame by claiming the injuries were caused by a prior medical condition or some other event that did not occur in the crash. Obtaining a thorough evaluation by a medical professional and investigating the crash can help prove causation. Lastly, actual damages must have been suffered.
Motorcycle accidents can cause serious injuries that require extensive medical treatment. When another driver negligently causes a motorcycle accident, the injured rider can recover compensation for both economic and non-economic losses under Florida law. Motorcycle accident victims could be entitled to recover the following damages:
If the motorcycle accident results in a fatality, immediate family members may be able to recover compensation. Damages depend on the victim’s relationship to the deceased and the losses suffered by the family members.
Florida has laws that limit the time you have to file a claim. In Florida, one typically has two years to file a claim based on negligence. If you miss the statute of limitations deadline, you may be prohibited from recovering compensation from the person who caused the accident.
The actions taken immediately after a motorcycle accident can impact both your physical and financial recovery. Every crash is different, but there are certain steps injured victims should take to help protect both their health and legal rights. If you were in a motorcycle accident, it is recommended that you do the following:
Speak with your doctor about your injuries and avoid discussing your case with insurance companies. Insurance providers may use the information you give them against you later. While you should always cooperate with your insurance company, it may be in your greatest interest to wait until you have made a full recovery before providing a recorded statement or accepting a settlement offer.
The decision to hire a motorcycle accident lawyer can significantly impact your case. A Clearwater motorcycle accident attorney can investigate your claim and help you gather evidence to support it. When motorcycle accidents are serious, they typically involve contested liability and significant medical treatment, expenses, and financial losses that must be proved.
An attorney can help you understand motorcycle accident laws, collect evidence, work out liability issues, address legal arguments the insurance company might raise, and secure professional testimony on technical issues, if necessary.
You may not have to wear a helmet when riding a motorcycle in Florida, as Florida is not a universal motorcycle helmet law state. Anyone who is 21 years of age or older can ride without a helmet as long as they have at least the minimum required medical insurance benefits for motorcycle-related injuries. However, while motorcycle helmets are not mandatory in Florida, wearing one can greatly decrease your chances of suffering a serious head injury in an accident.
You may be able to recover compensation if the driver who hit you doesn’t have insurance. Uninsured/underinsured motorist (UM/UMI) coverage, if provided by your insurance policy, may cover injuries caused by a driver who has limited or no liability insurance. There may be other avenues for compensation available depending on the unique facts of your accident.
Road defects like potholes, uneven road surfaces, missing traffic signs, or debris in the roadway can sometimes cause motorcycle accidents. The government or responsible party, such as a construction contractor, could be partially liable depending on the circumstances of your case. Claims arising from road hazards are subject to a different legal framework, often requiring notification sooner than ordinary negligence claims.
Your motorcycle case may not have to go to trial. The majority of personal injury cases are settled prior to trial. Some cases go to court when there is a disagreement about liability or the amount of damages. It all depends on the facts of the case, evidence, and whether both parties are willing to settle.
If you were injured in a motorcycle accident in Clearwater due to another party’s negligence, compensation may be available to you. Contact Ronald Bone, P.A., today for a free consultation.
Thoughtful, trial-ready personal injury representation in Tampa Bay.
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