Motorcycling is a dangerous activity for even the most experienced riders. Motorcyclists are more exposed to the elements than other motorists and must balance on two wheels, placing them at a significantly higher risk of suffering a severe or even fatal injury in the event of an accident.
A motorcyclist who survives an accident is likely to sustain major injuries that take a long time to heal. With the prospect of future medical expenses and debilitating injuries, injured bikers are advised to work with a Melbourne motorcycle accident lawyer after a collision with another vehicle.
Many things can cause motorcycle accidents, including reckless or impaired riding, road obstructions, or another driver’s failure to yield or slow down soon enough. Motorcycles are much smaller than other vehicles, making them harder to see – especially at night. Even if a motorcyclist does not directly collide with another motorist, they can easily be run off the road by larger vehicles.
Motorcycle riders have little protection from striking the ground or flipping over the handlebars during a collision. Because of this, motorcyclists often suffer road rash in addition to other injuries, such as:
These types of injuries often require extensive treatment to recover, which can quickly become expensive. A local lawyer could help injured motorcyclists obtain compensation for medical expenses, pain and suffering, disability, and more.
Florida Statute §316.211 mandates motorcyclists who are 20 years old and younger to wear a helmet. Those over the age of 20 do not have to wear helmets, although they should. Many studies have shown that wearing a helmet can reduce a motorcycle rider’s risk of dying in a crash by 37 percent. Those who do not wear helmets are three times likelier to sustain traumatic brain injuries than those who wear helmets.
After someone is injured in a motorcycle accident, the first thing they should do is get medical treatment. Not only can this be lifesaving, but it can also corroborate all claimed injuries and diagnoses. The second thing to do after a motorcycle crash in Melbourne is to retain qualified legal representation.
If the biker is incapacitated, they can enlist family and friends to assist them in finding representation. The claimant should refrain from speaking to the at-fault party’s insurance or legal counsel about the accident when their own attorney is absent, so they do not accidentally incriminate themselves or say something the opposing party could try to use against them. Once they have acquired legal representation, the injured motorcycle rider can consult their lawyer on the next steps.
Injured motorcyclists may seek damages from the liable party’s insurance instead of their own. Insurance companies are rarely willing to make a settlement offer right off the bat, however, so the plaintiff’s attorney should take the time to build a solid case before trying to negotiate a settlement.
If the insurance company and the motorcyclist’s lawyer cannot agree to a settlement, the case could go to trial. However, it is not uncommon to settle outside of court, as many insurance companies would rather reach a settlement than face the hassle and expense of litigating the case. Regardless of the exact circumstances, one of our Melbourne lawyers could help and injured motorcyclist obtain the maximum amount of compensation available to them.
A Melbourne motorcycle accident lawyer can do more than just file a claim and walk you through the lawsuit process. Our team could also handle collecting witness statements, verifying physical and property damage, and handling communication with your insurance company to try to get you the best settlement possible. Call our firm today to schedule an appointment with a legal professional.