Fort Lauderdale
Motorcycle Accident Attorney

motorcycle on highway

Motorcyclists are among the most vulnerable road users. Besides a helmet, a motorcycle rider has little protection in a truck or passenger vehicle collision. Furthermore, other motorists often fail to see motorcyclists on the road, particularly when distracted or driving aggressively. Motorcycle accidents can have serious consequences for motorcycle riders, including severe and life-altering injuries.

If you were hurt in a motorcycle crash in Fort Lauderdale, you might be struggling to afford medical care, repair your motorcycle, or pay your bills while you recover. Depending on the circumstances of the accident, you could be entitled to compensation for your injuries and other crash-related losses.

The trusted lawyers at Phillips | Tadros, P.A., have almost four decades of combined legal experience helping injured Floridians like you. We can help you seek the compensation you deserve after a motorcycle wreck. Contact our office today to speak to a motorcycle accident lawyer in Fort Lauderdale during a free consultation.

Do You Have a Motorcycle Accident Claim?

All Florida drivers must carry no-fault auto insurance, also known as personal injury protection (PIP) insurance. When a Florida driver is injured in a traffic accident, they typically file a claim with their PIP insurance provider to cover their medical bills. No-fault insurance policies pay for medical expenses and lost wages related to an accident, no matter who is at fault.

However, Florida’s PIP insurance coverage does not apply to motorcyclists. If you are a motorcycle rider in Florida, you cannot rely on no-fault insurance coverage if you are injured in an accident. If another motorist’s behavior or actions led to the crash that hurt you, you might need to file a claim with their insurance provider or sue them in court to pursue compensation for your injuries.

When you file an insurance claim or lawsuit against an at-fault party, your attorney must prove the other party’s actions or behavior caused the accident that injured you. It’s essential to hire an experienced Fort Lauderdale attorney to represent you in your motorcycle accident case to prove liability and maximize your compensation.

Benefits of Hiring a Lawyer for Your Motorcycle Accident Case

You can overcome the factors that complicate many motorcycle accident cases by working with a knowledgeable injury lawyer. When you hire the Fort Lauderdale motorcycle accident attorneys of Phillips | Tadros, P.A., you can count on us to help you by:

  • Explaining your rights and estimating a fair value of your injury claim.
  • Identifying all possible sources of compensation for your crash injuries.
  • Investigating the motorcycle accident to determine who might be liable.
  • Collecting and preserving valuable supporting evidence for your claim.
  • Communicating with insurance companies and other parties on your behalf.
  • Obtaining medical records, crash reports, and other documentation of injuries.
  • Interviewing those who saw the incident to get valuable witness statements.
  • Working with expert witnesses like motorcycle crash reconstruction specialists.
  • Managing essential case documents, details, and deadlines on your behalf.
  • Filing claims paperwork and negotiating aggressively to maximize your settlement.
  • Taking your injury case to court and representing you at trial, if necessary.

Remember that insurance companies typically have legal representation of their own, so you will almost certainly be at a disadvantage if you choose to tackle a motorcycle accident injury case alone. A knowledgeable attorney will understand the unique factors that affect motorcycle accident cases, the local laws that apply to your claim, and the best way to pursue maximum compensation for your losses.

How Is Fault Determined for a Motorcycle Accident in Florida?

Your attorney must prove that another party is partially or entirely at fault for your injuries to recover compensation in a third-party injury claim or lawsuit. Your lawyer can identify, gather, and preserve the following types of evidence to prove the other party’s liability and support your injury claim:

  • Official crash reports, if law enforcement responded to the scene
  • Photos of the crash scene, vehicle damage, and visible injuries
  • Video footage from traffic cameras and dash-mounted cameras
  • Statements from eyewitnesses who saw the motorcycle accident occur
  • Testimony from experts who can professionally analyze the accident
  • The other driver’s cell phone records and GPS location data
  • Documentation of the other vehicle’s inspection and repair history

Remember that you can still seek compensation for your injuries from another party even if you are partially at fault for the motorcycle accident. But under Florida Statutes § 768.81, the compensation you recover will be reduced in proportion to your percentage of fault. In other words, if you are 50 percent at fault for an accident, you can only seek compensation for up to 50 percent of your losses.

Why Are Motorcycle Accident Cases More Complicated Than Other Motor Vehicle Accidents?

Motorcycle accidents often leave motorcyclists with severe injuries requiring costly medical treatment, increasing the claim’s value. And when insurance companies are on the hook for these high-value accident claims, they may try to shift blame to avoid liability. The following factors can make motorcycle accident cases more complicated than other accident claims:

Motorcyclists Usually Suffer More Severe Injuries

Motorcyclists lack many safety features that protect vehicle occupants from the worst of a crash. Many motorcyclists suffer life-threatening injuries that require expensive treatment and take a long time to heal. Their injury claims take much longer to resolve and present more opportunities for insurance companies to push back.

Most People Don’t Know How Motorcycles Work

People who don’t ride motorcycles usually have limited knowledge of how they work. If an insurance adjuster, judge, or jury member does not know how road conditions, stopping distance, and other unique factors apply to a given crash scenario, their lack of understanding can work against you as a claimant.

Our Society Has a Pervasive Anti-Motorcycle Bias

Many people perceive motorcyclists as hard-edged and reckless, and some even believe motorcycles don’t belong on the road. The unfair stereotypes about motorcycle culture can easily hurt your motorcycle accident claim.

What Compensation Can Be Recovered After a Motorcycle Crash?

When motorcycle accident victims suffer injuries, they usually incur numerous other losses. The compensation from a motorcycle accident claim can provide the resources necessary for injured motorcyclists to heal from their injuries and pay for crash-related expenses.

Compensation is typically available for the following types of personal and financial losses in a motorcycle accident claim:

  • Hospital bills and other medical costs you incur for the treatment of your injuries
  • Incidental, out-of-pocket expenses, such as mileage costs for medical travel
  • The value of any lost wages from missed time at work while you recover
  • The projected value of your lost earning potential, if your injuries are permanent
  • Subjective losses, such as injury-related pain, suffering, and lost quality of life

Common Causes and Types of Motorcycle Crashes in Fort Lauderdale

Every motorcycle accident is different, but motorists’ negligent, reckless, or wrongful actions are usually the cause. Some common causes of motorcycle accidents in Fort Lauderdale include:

  • Distracted driving
  • Texting while driving
  • Driving under the influence
  • Driver fatigue or impairment
  • Driving too fast for the conditions
  • Following too closely for conditions
  • Failure to check blind spots
  • Failure to yield the right-of-way
  • Running red lights or stop signs
  • Improper turning or merging
  • Driver inexperience
  • Defective vehicle components
  • Poorly maintained car parts
  • Poor road conditions

These types of risky behaviors often contribute to the following types of motorcycle accidents:

  • Head-on collisions
  • Sideswipe accidents
  • T-bone accidents
  • Read-end collisions
  • Left-hand turn crashes
  • Intersection accidents
  • Blind-spot accidents
  • Lane-change accidents
  • Lane-splitting accidents
  • Lane sharing accidents
  • Multi-vehicle pile-ups
  • Dooring accidents
  • Backing-up accidents

Statute of Limitations on Motorcycle Accident Lawsuits in Florida

When motorcycle accident victims cannot obtain fair compensation for their injuries via insurance claims, sometimes they must file personal injury lawsuits instead. If you want to seek compensation in court from an at-fault party after a motorcycle accident in Florida, state law gives you only four years from the date of the wreck to do so.

If you try to file a motorcycle accident lawsuit after the statutory four-year deadline, the court will probably dismiss your case, and you will lose the right to pursue compensation from the other driver in civil court. The four-year time limit is essential even if you do not wish to sue because insurers negotiate settlement offers based on what they expect to happen in court. If you no longer can sue, you will have less negotiating leverage.

At the law firm of Phillips | Tadros, P.A., our attorneys can help you determine how Florida laws apply to your situation and identify essential case deadlines. That way, there’s no need to worry about preventable filing errors that could derail your injury claim.