What to Do After a Motorcycle Accident in Florida
Motorcycle riding offers bikers the fun and excitement of the open road. However, in exchange for that thrill, motorcyclists sacrifice the safety protections afforded by an enclosed four-wheeled vehicle.
Riders can suffer severe injuries during a motorcycle accident, which may leave them wondering where to turn. It is vital you know what to do after a motorcycle accident in Florida so you can safeguard your rights and protect your future.
What to Do After a Motorcycle Accident in Florida
The first thing you should do after a motorcycle accident in Florida is prioritize your safety and the safety of anyone else injured in the crash. Move yourself and your bike (if possible) off the road and away from traffic. If you or anyone else needs emergency medical attention, call 911 immediately.
Next, take the following steps:
Report the Crash to Authorities
Florida Statutes § 316.065 requires motorists to report any accident involving injuries, death, or property damages exceeding $500 to law enforcement. If you have to call 911 about injuries, it will also summon an officer, who will make the report. If there were no injuries, you can contact the authorities directly to come to the accident scene.
If you did not report immediately after the motorcycle accident, you will need to do so right away. Not only is reporting the accident the law, but it will also generate a police report that will be an essential piece of evidence for your insurance claims.
Collect What Evidence You Can
If you physically can, gather as much evidence at the scene of the crash as possible. You should:
- Take photographs or video of your injuries, damaged motorcycle, and other involved vehicles
- Take photographs of the location of the crash, including elements that contributed to your accident, like potholes or obstructed road signs
- Write down the date, time, and weather conditions
- Write down vehicle make, model, and license plate numbers
- Get insurance and contact information from other drivers
- Get contact information from any eyewitnesses
Get Medical Treatment as Soon as Possible
If you did not receive medical care at the time of the accident, you should seek treatment as soon as possible.
Some motor vehicle accident injuries, like whiplash, can take days to display symptoms. Even if you do not think you were hurt, seeing a doctor will ensure you do not have undiagnosed injuries or a worsening condition.
In addition, getting examined will produce a medical record that you will need when pursuing motorcycle accident compensation.
Contact the Insurance Companies
You should contact your motorcycle insurance company and inform your agent about your accident. You should also notify the other driver’s insurer. You should do this immediately to prevent missing deadlines stated in the applicable policies.
If an insurance adjuster, even one from your own insurance company, contacts you, be careful of what you say. Do not admit fault for the crash, do not give a recorded statement, and do not accept their initial settlement offer, which may be less than you deserve.
Be polite, but only supply basic information, like your name and the contact information for your insurance provider. Do not give details about your injuries, medical treatment, or damages. Do not speculate about the cause of the accident.
Consider Hiring Legal Representation
You are not legally required to hire a lawyer to handle your motorcycle accident insurance claims or even to pursue compensation with a personal injury lawsuit. However, working with a personal injury lawyer from our firm can take the pressure of your case off of you and your family. It can also provide you with a legal ally who understands personal injury law and will represent your best interests.
Our legal team can:
- Investigate: An investigation requires a lot of legwork, and your energy is better focused on healing. We can visit the accident scene, contact and interview eyewitnesses, and enlist the help of experts when needed. We will also handle case details, like preparing and filing paperwork, communicating with involved parties, and managing deadlines.
- Negotiate: We will aggressively negotiate with insurance companies and opposing attorneys for the maximum compensation possible. At every stage, we will fight for your best interests.
- Litigate: If necessary, we will take your case to civil court and represent you at trial.
We will be available to you at any time during the claims process, updating you on your case and providing legal guidance.
Can You Recover Motorcycle Accident Damages?
Motorcycle riders do not have to carry personal injury protection (PIP) insurance like other Florida drivers. Bikers are exempt from the no-fault insurance system. After an accident, they have the unrestricted right to seek compensation from a liable party, including economic and noneconomic damages.
In general, recoverable awards may include:
- Emergency transportation and emergency medical treatment
- Hospitalizations
- Surgeries
- Physical therapy and rehabilitation
- Nursing services
- Medication, medical devices, and medical equipment
- Lost income
- Lost future income and lost earning capacity
- Household services
- Motorcycle damages
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Reduced quality of life
- Wrongful death of a loved one
To secure an insurance settlement or personal injury verdict, you will need to prove that the party who caused your motorcycle accident acted negligently. Negligence includes:
- Distracted driving
- Reckless driving
- Driving under the influence
- Speeding
- Disobeying traffic signs and signals
- Making improper turns
- Passing or following a motorcycle too closely
How Long Do You Have to Pursue a Motorcycle Accident Case?
If a lawsuit is necessary to recover full and fair compensation, you must file your personal injury or wrongful death case within two years, according to Florida Statutes § 95.11. If the statute of limitations runs out before you act, the court will likely refuse your suit. You will also lose any leverage you have over the insurance companies.
Meldon Law Can Help After a Motorcycle Accident in Florida
Meldon Law helps individuals and families seek fair compensation for their injuries and losses. We stand by personal injury victims, empowering them with knowledge and resources. We want to make sure you understand the legal process and know what to do after a motorcycle accident in Florida.
Our motorcycle accident attorneys serve clients with compassion and integrity and have the skills, experience, and knowledge to take on even the toughest cases. To learn more about how we can assist you in seeking compensation for your collision, contact us online or call today for a free consultation.
