If another driver struck you while you were riding a motorcycle, you may be able to secure compensation. Our legal team can build your case for damages in your accident. Our legal team is proud to serve Clearwater and communities throughout Florida. We put our clients first and offer legal care with a personal touch. We invite you to experience The Distasio Difference.
Monetary compensation serves several purposes. First, it can help victims support their families while they get back on their feet. Second, it can make their communities safer by holding reckless and careless drivers to account for their actions. You can learn more today about how a Clearwater motorcycle accident lawyer can help you during a free consultation.
Getting Damages After a Motorcycle Accident
Motorcycle accidents cause serious injuries because motorcycles do not provide the same level of protection as enclosed vehicles for riders. This could result in:
- Broken bones or fractures
- Road rash, lacerations, or cuts
- Internal injuries or organ damage
- Head, neck, or back injuries
If you have been in a motorcycle accident, you may be able to get compensation to cover any and all financial, physical, and psychological losses you sustained due to a motorcycle accident. This compensation may include:
- Current and future medical expenses for both physical and psychological harm
- Lost wages at work or lost earning potential
- Pain, suffering, and mental anguish
- Repair costs for your motorcycle
- Physical or mental disabilities caused or exacerbated by the accident
- Overall reduced quality of life caused by the injuries
We will review all damages in your accident to determine what your case’s value is. We will seek this amount from the liable party’s insurer. This figure will also help you evaluate any settlement offers you may receive from an insurer.
For a free legal consultation with a motorcycle accidents lawyer serving Clearwater, call (813) 259-0022
Pursuing Recoverable Damages After a Motorcycle Accident
There are several ways an accident victim can resolve a motorcycle accident case in Florida. Many such cases are resolved outside of the court system. This may involve negotiating with the insurance company that represents the driver who hit you. Distasio Law Firm can handle these negotiations for you. This process may look like this:
- Identify the liable party or parties: This way, we can hold responsible every single party who played a role in causing your injuries.
- Send notifications: Once we know who is responsible, we let them know that you are suing and how much you want them from.
- Manage all communications: The insurance company may attempt to twist your words in a way that will allow them to deny you compensation. We can prevent that by fielding all communications.
- Negotiate a fair settlement: We can meet with the insurance company and fight hard to get you a fair payment. We may also assess any deals offered by the insurance company to ensure they fairly address your losses.
- Prepare the settlement agreement: Once we have reached a settlement, we can draw up the agreement and review it with you until you are comfortable enough to sign it.
Unfortunately, insurance companies may try to get you to agree to a subpar settlement. Sometimes, agents will approach while you are still in the hospital and try to get you to accept these deals. Do not speak to the insurance company directly. Instead, let Distasio Law Firm manage all communications and ensure that you do not receive less than you deserve.
If an insurance company is unwilling to negotiate with us, we can discuss with you the possibility of taking the case to court. Once again, we can handle all aspects of this legal process, including:
- Preparing and submitting trial exhibits: Exhibits, or evidence, are an important part of any trial. We know how the court system prefers to receive evidence and what deadlines to keep in mind.
- Finding witnesses: Anyone who witnessed the accident and relevant experts (e.g., a vocational rehabilitator who can confirm your inability to work) may be invaluable to your case.
- Examining and cross-examining witnesses: We can prepare and ask all necessary questions of both our witnesses and the defense’s witnesses.
- Delivering oral arguments: Trials often begin with oral arguments that summarize the case for the jury’s benefit. A lawyer from our office can write up and deliver those arguments.
- Filing motions: For instance, if we have reason to believe the other side is not playing by the rules, we can alert the judge and ask them to take action.
Whether your case ends in a settlement or a jury verdict, it takes a lot of work to get to that point. Let us do that work for you so that you can focus on your recovery.
Efforts to recover the damages you suffered were on a timetable from the time your motorcycle accident happened in Clearwater. Under Florida Statutes § 95.11(3)(a), you have four years from the day of your accident to file legal action against the liable party who caused your accident. If you are filing a wrongful death action, you have two years to do so, under Florida Statutes § 95.11(4)(d).
Missing either of these deadlines likely will bar you from pursuing action against the party responsible for your accident. Our legal team will ensure that you won’t miss this or any other key deadlines in your case.
Clearwater Motorcycle Accident Lawyer Near Me (813) 259-0022
Steps to Take After a Clearwater Motorcycle Accident
Per the Florida Department of Highway Safety and Motorcycle Vehicles (FLHSMV), 374 people in Pinellas County, Florida, were injured in more than 400 motorcycle crashes in the area in 2020. Of these crashes, 105 were fatal, causing 18 deaths.
After a motorcycle accident, you should take several steps as quickly as possible to protect your health and your legal rights. Three of the most important are detailed below.
It is important to report motorcycle accidents – and any other type of motor vehicle accident – to law enforcement, especially if someone suffered injuries. The police will then come out to the accident scene and complete a report that includes the following information:
- The names and contact information of everyone involved in the crash
- The date and location of the crash
- The amount of damage done to both people and vehicles
This report could be very important when it comes time to file a lawsuit against the other driver’s insurance company. It can prove that the accident really happened and that it is the source of your injuries.
Even if you believe your injuries to be minor, it is a good idea to seek medical attention as soon as possible after an accident. This can:
- Save your life
- Give you the best possible chance of recovering from the injuries
- Detect minor or “invisible” injuries before they have a chance to cause real harm
- Give you peace of mind
- Strengthen your case, since a detailed medical record can show the accident caused your injuries
Finally, it may be helpful to reach out to our motorcycle accident lawyer from Distasio Law Firm after your Clearwater collision. For several reasons, it is best to get such legal help as quickly as possible. Those reasons include the following:
- The sooner we can help you, the sooner you may recover the damages you need.
- As mentioned earlier, filing a lawsuit requires you to meet critical deadlines. If you miss them, you can no longer collect any compensation.
- Some types of evidence – for instance, video footage – may not survive for long after the accident. By starting quickly, we have a better chance of recovering such important evidence.
How to Drive a Motorcycle Safely
Motorcyclists can protect themselves by adhering to recommendations from the National Highway Traffic and Safety Administration (NHTSA), which include:
- Wearing protective gear
- Operating a motorcycle responsibly
- Avoiding drinking alcohol or using drugs
- Always remaining aware of your surroundings
However, even operating your motorcycle as carefully as possible may not prevent an accident. According to the Insurance Information Institute (III), there were 84,000 injury accidents involving motorcycles in 2019. In the same year, there were 5,014 fatal crashes.
Why does such an accident happen? Car and truck drivers may not be keeping their eyes open for motorcycles, increasing the risk of an accident.
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Take Charge with a Motorcycle Accident Lawyer from Distasio Law Firm
If you were hit by a driver while riding a motorcycle in Clearwater, you may be able to get compensation for your losses by working with a lawyer from Distasio Law Firm. Reach out to us for a free consultation by calling (813) 259-0022. We have spent 31 years helping accident victims like you get justice and fair compensation.