Motorcycle Accident Lawyer

Vero Beach, FL

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OVERVIEW

Florida is a popular destination for motorcycle riders due to its sunny warm weather and scenic beachside highways. While it may be an enjoyable place to experience the outdoors, Florida unfortunately ranks as one of the top three states for Motorcycle related fatalities. 

Getting into a motorcycle accident is a terrifying experience and every rider’s worst nightmare. When you’re facing such a physically and emotionally taxing situation, it’s essential to have a knowledgeable motorcycle accident attorney on your side.

The motorcycle accident lawyers at Gould Cooksey Fennell are determined to help our Vero Beach community members when they need us most. We provide passionate representation for residents of Indian River County and the Treasure Coast, bringing years of collective experience to the table. During such a distressing time, you can count on us to deliver quality and personalized attention to your case.

On this Page:

Common Causes of Motorcycle Accidents in Florida

With its year-round favorable weather for motorcycling, the Sunshine State attracts riders from all over the United States. While exciting, it’s important to acknowledge that motorcycles can be vulnerable on roads and highways. Accidents can occur in a split second due to reckless drivers or hazardous road conditions, leaving riders with devastating injuries. 

Unfortunately, this means that motorcycles come with an increased risk of accidents. Here are some of the most common causes that motorcyclists are involved in accidents in Florida:

  1. Failure to See Motorcyclists – Motorcycles have a smaller profile compared to cars and trucks, making them less visible. Drivers who neglect to check their blind spots or fail to use their mirrors properly may unintentionally collide with a motorcycle.
  2. Speeding – According to the U.S. Department of Transportation, Thirty-four percent of all motorcycle riders involved in fatal crashes in 2020 were speeding. 
  3. Distracted driving – With the widespread use of smartphones and other electronic devices, many drivers are tempted to take their attention off the road for even just a moment. This split-second distraction can lead to catastrophic consequences when it comes into contact with a motorcycle.
  4. Reckless driving behaviors – When drivers exceed the speed limit or engage in erratic movements like tailgating or weaving through traffic, they put themselves and others at risk. These actions leave little time for motorcyclists, or other vehicles, to react and avoid collisions.
  5. Hazardous road conditions – As we know, Florida weather can change in an instant. Unexpected heavy rain or storms could cause road conditions to be unsafe for motorcyclists. Uneven pavement surfaces, potholes, and debris on roadsides – these factors pose serious dangers for bikers who rely solely on two wheels for stability.

 

FREE PERSONAL INJURY CONSULTATION

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  • $150M+ in Recent Personal Injury Verdicts & Settlements
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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.

Notable MOTORCYCLE ACCIDENT Settlements and Verdicts

Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.

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Why You Need An Experienced Motorcycle Accident Attorney

If you’ve been involved in a motorcycle accident in Florida, you may be wondering if you need to hire a motorcycle attorney. The answer is that it depends on the circumstances of your case. 

In motorcycle cases, it’s likely there will be injuries. If you’ve been seriously injured or your property has been damaged, you may need an attorney to help you recover damages. If the other driver was at fault, their insurance company may try to lowball you on your settlement. An experienced motorcycle attorney will know how to negotiate with the insurance company to get you the full value of your claim.

There are many benefits to hiring a motorcycle attorney. An attorney with experience in these types of cases will navigate the complex legal system and will fight for your rights every step of the way. 

Your attorney will handle all the paperwork and phone calls related to your case so that you can focus on healing from your injuries, and if your case goes to trial, an experienced trial lawyer will fight for you in court and make sure that the insurance company doesn’t take advantage of you. 

It’s also important to note that your case may go to trial, and if so, your lawyer will have to fight for your rights in front of a judge and jury. Trial is typically more expensive, and takes longer than just settling a case. Not all personal injury attorneys have the resources, experience, and ability to go to trial, so it’s important to ask about trial experience before you hire one.

Usually, your motorcycle accident attorney will also have a network of experts they can call on to help build your case, such as accident reconstructionists and medical experts. They will use any resources they have at hand to try and prove the other driver at-fault.

Hiring an attorney shows the insurance company that you’re serious about getting full compensation for your injuries and damages, which may encourage them to offer a higher settlement amount. Choose an attorney well known in your area, and the opposing counsel will know that when they represent you, you deserve a serious offer.

motorcycle-accident

At Gould Cooksey Fennell, We Understand Motorcycle Claims

Unlike when you get into a car accident, there’s no protection from the road for motorcyclists. Because of this, the majority of motorcycle accident claims are severe by nature. Recovering damages can become convoluted because there’s a lengthy process to discover fault and liability. 

Gould Cooksey Fennell has the resources and track record to fight for your rights and see your case through to the very end. We are part of this community, and pride ourselves on treating every client like our neighbor. Here are some of the things we do for our clients: 

  • Find and uncover black box data 
  • Have an expert reconstruct the accident 
  • Communicate with insurance companies 
  • Find all available insurance 
  • Deal with your medical bills
  • Fight for your rights at trial
 

While motorcycle riders are frequently blamed for being “reckless,” cars and trucks are actually at fault for the majority of motorcycle accidents in Florida. Texting while driving and failing to look for motorcycles are some of the main reasons why four-wheeled vehicles may be frequently at fault for motorcycle crashes. Even with these statistics, taking on an insurance company on your own can prove difficult and intimidating. Having a knowledgeable motorcycle wreck attorney on your side can go a long way in getting the justice you deserve.

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SCHEDULE A CALL WITH A MOTORCYCLE ACCIDENT LAWYER

If you are facing a motorcycle accident lawsuit, contact us for a free consultation and case evaluation. Our experienced team of attorneys is ready to help fight tirelessly on your behalf. We are proud to serve our Vero Beach neighbors and the Indian River County, Port St. Lucie, Fort Pierce, Stuart, and Treasure Coast communities.

What To Do After A Motorcycle Accident

Your actions after your motorcycle accident are similar to what they should be after a car accident. Click here to read our guide on the steps you should take after an accident. 

  1. Stay calm – It’s easy to panic after an accident. You may be in pain, or you may be moving around and trying to figure out what happened. But it’s important to stay calm and think about your next few actions. If you are seriously injured, this means getting help. 
  2. Seek medical attention – Seeking medical attention, even if you are able to get up and walk away from an accident, is important. Adrenaline is often high after an accident, and can mask pain. Even if you think that you’re okay, it’s better to seek medical help, which may mean calling 911 or going to the hospital. This is important for your own health and well-being, and your case. 
  3. Contact the police – This is important for several reasons. First, the police will create a report of the accident, which will be important in an insurance claim or personal injury lawsuit. Second, the police can help to ensure that both parties are safe and that traffic is flowing smoothly. If there are any witnesses to the accident, the police will be able to get their statements. 
  4. Take photos – This includes taking photos of the damage to both vehicles, as well as any visible injuries. It is also important to get the contact information for any witnesses who may have seen the accident. If the police come to the scene, be sure to get a copy of the accident report.
  5. Contact an attorney – Before taking any other steps, you should contact an attorney. You may think about calling your insurance company to let them know, or they may already be reaching out, but it’s important that you do not contact them before speaking to an attorney. There are certain things that they will offer, or you could say, that could unknowingly hurt your case.

Injuries Associated with Motorcycle Accidents

Motorcycle accidents can result in a wide range of injuries due to the lack of external protection compared to other vehicles. The severity and type of injuries can vary depending on several factors, including the speed of the motorcycle, the involvement of other vehicles, the use of safety gear, and the location of impact. Here are some common injuries that motorcyclists experience in an accident: 

  • Head and brain injuries, including concussions, traumatic brain injuries (TBIs), and skull fractures.
  • Neck and spinal cord injuries, including whiplash, herniated discs, and paralysis.
  • Back injuries, including sprains, strains, and fractures.
  • Fractures and broken bones, including broken legs, arms, ribs, and pelvis.
  • Road rash, which is a type of injury that occurs when a rider’s skin comes into contact with the pavement during a crash.
  • Soft tissue injuries, including bruises, sprains, and strains.
  • Internal injuries, including organ damage and internal bleeding.
  • Burn injuries, which can occur when a motorcycle catches fire during a crash.
  • Amputations, which can occur when a rider’s limb is severed during a crash.
  • Emotional trauma, including post-traumatic stress disorder (PTSD) and other psychological injuries.

MOTORCYCLE Accident FAQs

The deadline for filing a motorcycle accident case is called the statute of limitations. After a new law passed in early 2023 called HB-837, you now have two years from the accident date to file a lawsuit. 

Florida Highway Safety and Motor Vehicles encourages all motorcyclists to wear a helmet. But it is not required for people over the age of 21, or those covered by an insurance policy providing at least $10,000 in medical benefits. 

There are typically three types of damages you can recover in a motorcycle accident, or any motor vehicle accident. Economic, which is for the cost of your motorcycle or repairs, any medical bills, and any lost wages. Non-economic damages include things like pain and suffering, emotional distress, or disfigurement. Punitive damages are typically more rare, but could be sought out in a case involving gross negligence or malicious intent. 

After receiving medical care, it’s really important to speak with a qualified motorcycle attorney. If you’ve been injured, there’s a good chance you are entitled to compensation. 

Not every case has to go to court or trial. Often, it will be settled in the negotiations that happen beforehand. However, you want an attorney who will go to trial if needed. Sometimes, you will receive unfair offers for compensation that will only be resolved by going to court. Your attorney will be able to review your expenses, the offer from your insurance company, and other factors to determine the right course of action.

It’s impossible to determine the exact amount that your accident case will be worth. It can range from thousands to millions, depending on the expenses you incurred from the accident and how serious your injuries are. Typically, the more severe your injuries are the more your case will be worth.

A lawyer will assist you with filing a lawsuit. There are several steps in a motorcycle lawsuits, including gathering evidence, hiring consultants, negotiations and potentially preparing for trial. 

If you are a passenger on a motorcycle, you can also receive compensation for your injuries by filing a lawsuit. According to Florida law, you have the added option of seeking compensation from any driver in the accident, including the driver of the motorcycle you were on.

SCHEDULE A CALL WITH A MOTORCYCLE ACCIDENT LAWYER

If you are facing a motorcycle accident lawsuit, contact us for a free consultation and case evaluation. Our experienced team of attorneys is ready to help fight tirelessly on your behalf. We are proud to serve our Vero Beach neighbors and the Indian River County, Port St. Lucie, Fort Pierce, Stuart, and Treasure Coast communities.

Types of Motor Vehicle Accident Cases We Handle

In addition to general motorcycle accident claims, Gould Cooksey Fennell handles personal injury cases related to the following practice areas:

Our Personal Injury & Wrongful Death Attorneys

  • Florida Department of Transportation: https://www.fdot.gov/Safety/programs/motorcycle-safety.shtm
  • CrashStats – NHTSA: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813306
  • South Florida – Sun Sentinel: https://www.sun-sentinel.com/news/fl-xpm-2013-03-09-fl-finding-fault-in-motorcycle-crashes-20130309-story.html
  • Florida Department of Highway Safety and Motor Vehicles: https://www.flhsmv.gov/driver-licenses-id-cards/motorcycle-rider-education-endorsements/helmet-exemption/
  • AllLaw: https://www.alllaw.com/articles/nolo/auto-accident/passenger-injury-claims.html

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