Unlike other motor vehicle accidents in Davie, claims for motorcycle accidents follow a different path. It is essential to know how to file a claim for damages as the Florida state laws apply. This article will teach you the basic steps to process your claim and reach out to a Davie motorcycle accident attorney for any help navigating the process.
Meet Founding Attorney Joshua H. Eggnatz
Joshua Eggnatz learned how insurance companies and corporations fight claims from the inside because he used to work for them. After years at large defense firms mastering their tactics to deny and underpay injured people, Josh switched sides and now uses that knowledge to fight for individuals against the very forces he once defended.
He’s a proven warrior in personal injury and class action litigation, securing millions for clients harmed by car accidents, defective products, medical malpractice, cruise ship incidents, and corporate wrongdoing.
Court-appointed Class Counsel in multiple nationwide class actions and recognized on the Super Lawyers Rising Stars list for 11 consecutive years (2013-2024), Josh delivers results while staying honest about your case.
A native Floridian, he lives in Davie with his wife Laura and kids Asher and Ava, balancing his fierce courtroom advocacy with coaching youth soccer and family adventures.
Meet Founding Attorney Michael J. Pascucci
Michael Pascucci co-founded Eggnatz | Pascucci to give clients something rare: powerful legal representation with direct access to their lawyers. Like Josh, Mike spent years working for the other side, defending insurance companies and major corporations, giving him insider knowledge of exactly how they handle injury claims and litigation. Now he uses that advantage to fight for everyday people across Florida in personal injury cases, from auto and trucking accidents to construction incidents and sexual assaults.
Appointed as Class Counsel in high-profile nationwide class actions, Mike has recovered millions for consumers victimized by false advertising, illegal debt collection, and deceptive business practices.
A four-time Super Lawyers Rising Star and former National Trial Lawyers Top 40 under 40 honoree, Mike lives in Cooper City with his wife Allyson and daughters Ansley and Alexandra. When he’s not winning cases, he’s coaching youth sports, volunteering with charities, and providing free legal help to those who need it most.
Contact Our Davie Motorcycle Accident Attorneys Today
The experienced Davie motorcycle accident attorneys at Eggnatz | Pascucci know how to investigate your case, build a powerful claim, and fight relentlessly for the compensation you deserve. We guide you through every step with clear communication and unwavering support. Contact us today for a free, no-obligation consultation at (954) 889-3359 or text us at (954) 289-6961. Your story matters, let us fight to tell it.
Why Choose a Davie Motorcycle Accident Attorney from Eggnatz | Pascucci?
Eggnatz |Pascucci is the firm to trust with your claim. Our motorcycle accident attorneys in Davie have significant experience handling motorcyclists’ unique legal and insurance challenges. With a personalized approach and a track record of successful outcomes, Eggnatz | Pascucci will work tirelessly to get you the financial recovery you deserve.
Sometimes, motorcycle accidents have an unfortunate outcome of a fatality. If your loved one or family member has suffered from an untimely death from a motorbike cause, then reaching out to our wrongful death lawyers in Davie is a great option. Our attorneys understand that you are experiencing an emotional and difficult time dealing with the untimely passing. They will make it easier by guiding you through the legal processes and make sure you and your family get the justice and settlement that is desired.
Motorcycle accidents can result in substantial body damage and other serious injuries. From fractures, broken bones, back and spinal cord injuries, traumatic brain damage, and more, the harmful possibilities can range from a wide amount. Our firm has Davie personal injury lawyers who are well-versed in motorcycle accidents, and bring knowledge and proficiency regarding the topic and the legal process.
Report the Motorcycle Accident to Davie Law Enforcement
Under Section 316.066(1) of the Florida Statutes, a motor vehicle crash resulting in death, personal injury, or significant property damage must be reported to law enforcement. Within ten days from the date of the incident, the law enforcement officer assigned for the investigation of the incident shall prepare a Florida Traffic Crash Report identifying the following pertinent details:
- The date, time, and location of the crash
- A description of the vehicles involved
- The names and addresses of the parties involved, including all drivers and passengers, and the vehicle identification in which each was a driver or a passenger
- The names and addresses of witnesses
- The name, badge number, and law enforcement agency of the officer investigating the crash
- The names of the insurance companies for the respective parties involved in the crash
The accident report is crucial evidence to support your claim for damages. Your attorney can use the information in this report to build the most substantial possible claim on your behalf.
Seek Immediate Medical Treatment from Your Motorcycle Accident
Before anything else, it is essential to treat your injuries. While under medical attention, make sure that you gather possible documentation related to the injuries you sustained. A medical report identifying the extent of your injuries may determine the value of your legal claim.
Gather Evidence from the Davie Motorcycle Accident
Aside from the police and medical reports, you may gather other evidence, such as photos, videos, and witness statements, to determine the party at fault. While Florida is a no-fault state, the no-fault provisions for motor vehicle accidents do not apply to motorcycle accidents.
File a Claim Against the At-Fault Driver’s Insurance in Davie
As a rule, Florida is a no-fault state. Claims for injuries sustained due to motor accidents shall be filed with the party’s insurance company even if the other party’s at fault. However, the rule does not apply in motorcycle accidents. The injured party of a motorcycle crash may file a claim against the at-fault driver’s insurance.
File a Personal Injury Claim in Court for Your Davie Motorcycle Accident
If the at-fault driver’s insurance refuses to pay or the at-fault driver’s liability is questioned, you may file a personal injury lawsuit in court. After filing the complaint, the parties may avail of various modes of discovery to elicit additional evidence or admissions from the other party.
After that, the case undergoes a mediation process to open discussions for possible settlement of the case. If the parties cannot reach an amicable settlement, the case proceeds to trial.
Statute of Limitations in a Davie Motorcycle Accident Case
The Florida statute of limitations for a motorcycle accident is two years from the date of the accident. It is not advisable to wait that long to take action. Instead, contact a Davie motorcycle accident attorney as soon as possible after your accident to recover the damages owed to you. The key here is that the longer you wait to get legal help, the harder it is to find the necessary witnesses and other evidence to support your claim.
There are some situations where this limitation is shorter. If a motorcycle accident victim dies as a result of the accident, the family can only take legal action in a court of law for two years.
If you wait beyond the statute of limitations, the court cannot force the at-fault party to pay for your losses. It will not likely hear your case.
What Kinds of Compensation Can You Recover?
After a motorcycle accident in Davie, Florida, your first objective is to prove the other party was negligent. If you can show that they are responsible for your losses, you can then seek compensation for any losses you have directly related to the actions of that party. Examples of recoverable damages include:
- Medical bills associated with the accident include bills for care to stabilize your health, hospital stays, medications, specialist care, surgeries, and future medical bills in these areas.
- Ongoing healthcare costs, including care for rehabilitation and recovery, as well as ongoing care you may need due to permanent loss, such as in-home support.
- Property damage, including replacement or repair of your motorcycle or other personal assets
- Lost wages if you were unable to go to work for a period of time due to your injuries. In situations where your injuries are ongoing, loss of earning capacity may also apply.
- Pain and suffering, which refers to any physical or psychological pain or suffering you have due to the accident and its impact on your health and well-being
- Emotional trauma and mental anguish, including the onset of conditions such as post-traumatic stress disorder or depression
Your Davie motorcycle accident lawyer will explore all the ways this accident impacted your health, emotional well-being, and finances to create a comprehensive claim, including all of the losses you have.
Note that to claim any of these losses, you must document them with evidence. Your attorney will help you do this based on both physical evidence of your loss, such as medical bills, and documentation of the impact the accident has had on your life and well-being.
Common Causes of Motorcycle Accidents in Davie
Motorcycle accidents in Davie happen due to negligence, bias against riders, and reckless operation of a vehicle. Some of the most common causes of motorcycle accidents include:
- Distracted drivers not paying attention to roadways
- Intersection accidents due to other drivers failing to yield the right of way
- Impairment of the driver due to alcohol, drugs, or prescription medications with side effects
- Motorcycle mechanical failures and defective components
- Poor road conditions due to debris on the roadways
- Reckless driving, such as speeding, illegal lane changes, tailgating, or failing to signal
- Weather conditions that make it unsafe to operate on the roadway
- Fatigued drivers, especially in situations of commercial trucks or vehicles
Testimonials
I will definitely refer them in the future.
“Without the help of Josh Eggnatz, a complex business transaction involving three different companies would have never been consummated. His ability to keep a level head and work towards the end goal made the difference.”
-John McDonald
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I would highly recommend him to anyone in need of an attorney who combines experience, passion, and heart
“When it came time to fight for us, Mike gave it everything he had. He was prepared, knowledgeable, and relentless in making sure my family’s best interests were protected. Through this experience, I got to know him better, and I can say without hesitation that this is someone who will fight for anyone who needs his help. He’s not only skilled at what he does, but he also cares deeply about the people he represents.
Mike truly knows his stuff, and I am beyond grateful for everything he and his firm have done for my family.”
-Liz Rodriguez
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I would highly recommend Michael to anyone looking for legal support, no matter the size of the case
“I’m incredibly grateful to Michael Pascucci and his team at Eggnatz Pascucci for their outstanding work representing me in my case. From the very beginning they were attentive, knowledgeable, and genuinely committed to the case.
Thanks to their dedication, we were able to reach a favorable settlement. ”
-NM
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Contact Our Dedicated Davie Motorcycle Accident Lawyers
Navigating through the legal process of securing claims for injuries in a motorcycle accident can be overwhelming to most people. To be guided in the whole process, it is best to consult a lawyer who can help gather evidence, deal with insurance companies, and represent you in court.
At Eggnatz | Pascucci, we’ve helped countless motorcycle accident victims achieve their deserved settlements. We know what it takes to win your case and will work tirelessly until we do.
Contact us today for a free legal consultation. Call us at (954) 889-3359 or text us at (954) 289-6961.