vero beach Motorcycle Accident Lawyers
Vero Beach, FL
Gould Cooksey Fennell represents injured riders in Vero Beach, Indian River County, Port St. Lucie, Fort Pierce, Stuart, and across the Treasure Coast.
Florida generally gives you two years from the date of a motorcycle accident to file a negligence lawsuit, and you generally can’t recover damages if you’re found more than 50% responsible for your own harm.
Consultations are free, and there’s no fee unless we win your case.
Our attorneys have recovered more than $150 million in verdicts and settlements, including a $9.38M Indian River County jury verdict for an injured rider.
Vero Beach is a popular destination for motorcycle riders due to its sunny, warm weather and scenic beachside highways. But while it may be an enjoyable place to experience the outdoors, Florida consistently ranks as one of the top three states for motorcycle-related fatalities, according to the Florida Department of Transportation.
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.
At Gould Cooksey Fennell, our Vero Beach motorcycle accident lawyers 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.
You can reach out to us by filling out this form or calling us at (772) 879-5477.
Don't Let the Insurance Company Blame You.
Common Causes of Motorcycle Accidents in Vero Beach
Motorcyclists face many of the same dangers as other drivers, but a mistake that results in a minor collision between two passenger vehicles can have devastating consequences for someone on a motorcycle. Riders are also more vulnerable to hazards that drivers in enclosed vehicles may barely notice.
Some of the most common causes of motorcycle accidents in Vero Beach include:
- 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.
- Speeding – Speeding gives drivers and motorcyclists less time to react to changing traffic conditions and increases the force of a collision when a crash occurs.
- 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.
- Reckless driving behaviors – Aggressive lane changes, tailgating, weaving through traffic, and other unsafe maneuvers can leave motorcyclists with little time or space to avoid a collision.
- 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 MOTORCYCLE ACCIDENT INJURY CONSULTATION
- No Fee Until We Win
- $150M+ in Recent Personal Injury Verdicts & Settlements
- U.S. News & World Report Best Law Firms for 10 Consecutive Years
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 Vero Beach Motorcycle Accident Attorney
In Florida, drivers are generally required to carry Personal Injury Protection insurance, which pays a portion of their own medical expenses and lost wages after a crash regardless of who caused it. Motorcycle riders do not receive that same PIP protection, so compensation often has to come from the at-fault driver’s liability insurance, another responsible party, or potentially the rider’s own uninsured or underinsured motorist coverage.
Unfortunately, recovering that compensation is rarely straightforward. Motorcyclists are often stereotyped as reckless or risk-taking, and insurance companies may try to use those assumptions to shift blame onto you. An adjuster may argue that you were speeding, positioned unsafely in the lane, difficult for the driver to see, or could have done more to avoid the collision.
Insurers may also question whether all of your injuries were caused by the crash, argue that certain treatment was unnecessary, or downplay ongoing limitations. Those disputes can significantly affect what you recover, which is why it helps to have an attorney who understands how motorcycle claims are investigated, valued, and defended.
How Gould Cooksey Fennell Handles Motorcycle Claims
Gould Cooksey Fennell has served Vero Beach and the Treasure Coast for more than 70 years and has recovered more than $150 million in verdicts and settlements for our clients. That experience includes a $9.381 million Indian River County jury verdict for a client who suffered catastrophic injuries when another driver turned left in front of his motorcycle/scooter.
We combine the resources needed to investigate serious accident claims with the personal attention of a local firm. Depending on the circumstances of your motorcycle accident, our personal injury attorneys can help by:
- Investigating how the crash happened: We can gather evidence from the scene, obtain available video and electronic data, speak with witnesses, and work with accident reconstruction experts when necessary to establish what caused the collision.
- Identifying the responsible parties and available insurance: We investigate who may be liable and look for all insurance coverage that may be available to compensate you for your injuries and losses.
- Documenting the full impact of your injuries: We gather medical records and other evidence showing your treatment, lost income, ongoing limitations, and potential future needs so that the claim reflects more than your immediate expenses.
- Handling the insurance claim and preparing for trial: We communicate and negotiate with the insurance companies on your behalf and prepare the case for litigation when an insurer disputes responsibility or refuses to offer fair compensation.
Our goal is to take on the legal and insurance issues while you focus on recovering from your injuries.
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.
Determining Liability in a Vero Beach Motorcycle Crash
Determining liability means identifying whose negligence caused or contributed to the motorcycle accident. In many cases, another driver may be responsible for failing to yield, making an unsafe turn, changing lanes without seeing the motorcycle, following too closely, or otherwise violating the rider’s right of way.
Depending on how the crash occurred, however, liability may also extend beyond an individual driver. Potentially responsible parties can include:
- An employer whose employee caused a crash while working
- A vehicle or parts manufacturer if a defect contributed to the collision or injuries
- A business responsible for negligently maintaining or repairing a vehicle
- Another party whose conduct contributed to the crash
As mentioned previously, insurance companies also commonly argue that the motorcyclist shares responsibility. Florida follows a modified comparative negligence rule, which means that your compensation can be reduced according to your percentage of fault. If you are found more than 50% responsible for your own harm, you generally cannot recover damages.
When an insurer tries to shift blame onto the rider, our attorneys can examine the physical evidence, witness accounts, surveillance footage, vehicle data, and other available information to reconstruct what actually happened. We can also work with accident reconstruction experts when necessary to challenge claims that you were speeding, riding unsafely, or could have avoided the collision. Because even a partial finding of fault can reduce your recovery, we work to counter unsupported allegations and present evidence showing where responsibility for the crash truly lies.
Serious Results for Florida’s Riders
How Can Florida’s Motorcycle Helmet Law Affect Your Claim?
Florida generally requires motorcycle riders to wear approved protective headgear and eye protection. However, riders over age 21 may ride without a helmet if they have an insurance policy providing at least $10,000 in medical benefits for injuries sustained in a motorcycle crash. Florida still requires motorcycle operators to use approved eye protection.
Whether you were wearing a helmet can also become an issue in an injury claim. Even when another driver caused the accident, an insurance company may argue that failing to wear a helmet contributed to the severity of a head or brain injury. That does not mean riding without a helmet automatically prevents you from recovering compensation, particularly when you were legally permitted to do so, but it can create another dispute over how much of your injury was caused by the crash and how much compensation should be paid.
Common Motorcycle Accident Injuries
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.
What Compensation Can You Recover After a Motorcycle Accident?
A motorcycle accident can create losses that extend far beyond the damage to the bike itself. The compensation available will depend on the circumstances of the crash, the severity and long-term effects of your injuries, and the insurance coverage and responsible parties involved.
Depending on your case, you may be able to recover compensation for:
- Medical bills and other treatment expenses
- Future medical care and rehabilitation
- Lost wages
- Reduced future earning capacity
- Motorcycle repairs or replacement and other property damage
- Pain and suffering
- Emotional distress
- Disability or loss of normal function
- Scarring and disfigurement
- Loss of enjoyment of life
Punitive damages may also be available in limited cases involving particularly egregious misconduct. If a motorcycle accident results in death, eligible family members may instead have the right to pursue damages through a wrongful death claim.
Accurately valuing a serious motorcycle accident claim requires looking not only at what the crash has already cost you, but also at how your injuries may affect your health, work, independence, and quality of life in the future.
What To Do After A Motorcycle Accident in Vero Beach
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.
- 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.
- 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 for your case.
- 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.
- Exchange information – Get the other driver’s name, contact information, insurance information, license plate number, and vehicle details before leaving the scene if you are able to do so safely.
- 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.
- Contact an Indian River County motorcycle accident lawyer – You may need to notify your own insurance company after the crash, but be careful about giving recorded statements, discussing fault, or accepting an early settlement before you understand the full extent of your injuries. An attorney can help you understand what information you need to provide and deal with the insurance companies involved in your claim.
Frequently Asked Questions About Motorcycle Accident Claims In Vero Beach
Motorcycle accident claims can raise different questions than ordinary car accident claims, particularly when it comes to insurance, liability, and serious injuries. Our Vero Beach motorcycle accident attorneys answer some of the questions injured riders and their families frequently have.
In most cases, you have two years from the date of the motorcycle accident to file a negligence lawsuit in Florida. Certain circumstances can affect the deadline, so you should have your case evaluated well before the two-year period is close to expiring.
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 motorcycle passenger who is injured because of someone else’s negligence may have the right to pursue compensation for their injuries and other losses. Depending on how the crash happened, the responsible party could be another driver, the motorcycle operator, or multiple parties who share fault. A passenger does not lose the right to bring a claim simply because they were riding on the motorcycle when the accident occurred.
Gould Cooksey Fennell handles personal injury cases on a contingency fee basis, which means you do not pay an attorney fee upfront, and we do not collect a fee unless we recover compensation for you. Your initial consultation is also free, so you can discuss your motorcycle accident and legal options without paying to meet with our attorneys.
There is no standard timeline for resolving a motorcycle accident claim. The length of your case can depend on the severity of your injuries, how long treatment takes, whether liability is disputed, the insurance coverage available, and whether the case can be fairly resolved through negotiations or requires a lawsuit and trial.
Reach Out To Our Motorcycle Accident Attorneys in Vero Beach Today
If you were injured in a motorcycle crash in Vero Beach or elsewhere in Indian River County, Gould Cooksey Fennell is ready to help you understand your rights and pursue the compensation available for your injuries and losses. Our attorneys have the resources to investigate serious motorcycle crashes and the trial experience to pursue the case through court when necessary.
Contact us today to schedule a free consultation with a Vero Beach motorcycle accident lawyer. There is no attorney fee unless we recover compensation for you.
Our Personal Injury & Wrongful Death Attorneys
David M. Carter
Brooke W. Odom
Jason L. Odom
Peter J. Lubas
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