Davie Motorcycle Accident Attorney

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.

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

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.