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Pensacola Motorcycle Accident Lawyer
Motorcycle Accident Law Firm: Supporting Injured Riders in Florida with Empathy and Honesty
The thrill of motorcycling is unmistakable. However, that sense of liberation comes with a heightened risk of serious harm from the road, the environment, and other motorists. A motorcycle offers limited safety, especially if riding without a helmet, as allowed by Florida law, making motorcycle accidents particularly tragic.
At Whibbs Stone Barnett Turner, PA, our Pensacola motorcycle accident attorneys recognize the pain and challenges faced by motorcycle accident victims and their families. We are dedicated to assisting you. Our team champions the rights of motorcyclists and strives to secure full compensation when accidents are caused by another party’s negligence. We collaborate closely with our clients, actively seeking recovery for lost wages, medical bills, and emotional distress.
Sadly, motorcycle accidents do not qualify for PIP benefits; thus, our lawyers develop strategies that secure compensation to cover all your damages.
Motorcyclists Deserve Safe Roads in Florida
There is a common misconception that reckless bikers are the primary cause of motorcycle accidents. However, research shows that most motorcycle accidents are due to the negligence of car and truck drivers who fail to notice motorcyclists.
Below are some frequent causes of motorcycle accidents:
Speeding: Motorcycles are less visible than larger vehicles, and when Florida drivers speed or navigate adverse conditions, they are less likely to detect motorcyclists in time to avoid crashes.
Aggressive/Reckless Driving: Excessive speeding is one example of aggressive driving. This category also includes tailgating, weaving between lanes, ignoring traffic signals, dangerous passing, and failing to yield the right-of-way. Such aggressive behaviors endanger both motorcyclists and other road users.
Distracted Driving: The prevalence of smartphones among drivers has introduced new risks on the roads. Activities like texting divert a driver’s attention completely. At 55 mph, looking away for just five seconds equates to driving the length of a football field blindfolded. Distracted driving increases risks for motorcyclists; nearly 40% of motorcycle accidents involve a distracted driver, according to recent studies.
Driving Under the Influence: Despite numerous campaigns to raise awareness, intoxication remains a primary factor in vehicle accidents. Impaired driving affects reaction times, increases drowsiness, and can impair judgment, resulting in reckless behavior behind the wheel.
Drowsy Driving: Fatigue-related driving contributes to numerous fatalities and severe injuries each year. Drowsy drivers may fall asleep or have slower reflexes and miss vital details, like a nearby motorcycle.
Blind Spot Accidents: Due to their smaller size, motorcyclists can easily disappear into a vehicle’s blind spot, heightening the risk of collisions when drivers change lanes or turn. Many modern vehicles are now equipped with blind spot detection systems to help mitigate these occurrences.
We also take on motorcycle accident claims arising from third-party negligence, such as dangerous road conditions, defective traffic signals potentially caused by government negligence, or vehicle component failures attributed to manufacturers, suppliers, or distributors.
At Whibbs Stone Barnett Turner, P.A. our firm ensures that all negligent parties are held accountable, even in complex situations with multiple liable parties or disputes about fault. Motorcycle accidents can be fatal, and our Pensacola wrongful death attorneys approach such cases with care and determination.
To ensure that motorcycle accident victims’ narratives are accurately represented, we act quickly to preserve evidence and interview witnesses. Our Pensacola injury attorneys provide the trusted legal representation that clients rely on for themselves and their loved ones.
Recoverable Damages in Florida Motorcycle Accident Cases
When motorcyclists are involved in an accident, they lack the protection of a steel frame, increasing the risk of severe injuries from impacts with the ground. The likelihood of being thrown from the bike also heightens the chance of catastrophic injuries.
Common injuries sustained in motorcycle accidents include:
Head and facial injuries
Traumatic brain injuries (TBI)
Fractures or broken bones
Crush injuries or amputations
Internal injuries
Back and neck injuries
Spinal cord injuries
Soft tissue injuries
Individuals who endure significant injuries are entitled to receive compensation for their losses when another party is involved. The sums collected through a personal injury claim are generally termed “damages,” and they fall into two main categories:
Economic Damages: These encompass direct financial losses that the victim experiences, including medical expenses, lost wages (both current and future), property damage, and costs related to funeral and burial services (in the event of wrongful death).
Noneconomic Damages: These losses are less tangible and can be harder to quantify, such as pain and suffering, emotional distress, reduced quality of life, disfigurement, and permanent disabilities.
In some rare instances where the responsible party’s actions were particularly reckless or negligent, punitive damages may be awarded in addition to compensatory damages. These punitive damages are not intended to compensate the victim but to penalize the offender and deter similar conduct in the future. In Florida, punitive damages are limited to three times the amount of compensatory damages or $500,000, whichever amount is higher.
It is crucial to understand that Florida follows a pure comparative negligence rule in personal injury cases. This principle means that accident victims who hold partial responsibility can still claim damages, but their compensation will be decreased based on their share of the fault in the accident. For instance, if you incur $200,000 in total damages and are found to be 20% at fault, your compensation would be reduced by $40,000, resulting in a total of $160,000.
Does Motorcycle Helmet Use Influence an Injury Claim Post-Accident?
In Florida, motorcycle helmet regulations are somewhat complex. Riders aged 21 years or younger must wear helmets in nearly all situations, except under specific conditions, such as riding motorcycles that cannot reach speeds greater than 30 miles per hour on level terrain. Riders over 21 do not have to wear helmets provided they carry at least $10,000 in medical coverage in their insurance policy. All riders, regardless of age, must use eye protection.
If you possess $10,000 in medical coverage, you aren’t legally required to wear a helmet after age 21. However, if you sustain head or neck injuries, the opposing party may contend fiercely that your injuries could have been avoided or at least mitigated with helmet use. You will need to provide evidence showing that wearing a helmet would not have impacted the severity of your injuries, likely requiring expert testimony from a qualified medical professional.
The worst-case scenario for lack of helmet use involves individuals under 21 who suffer head and neck injuries while not wearing a helmet. Because you would not be complying with the law, you could be deemed partially at fault, which would diminish your potential compensation for your injuries.
When You Need a Reliable Pensacola Motorcycle Accident Attorney
Insurance companies frequently employ various strategies to reduce their liabilities and negotiate settlements for low amounts. After filing a claim, an insurance adjuster will likely reach out to check on your well-being. This call aims to create trust and make you feel comfortable. They might say things like, “Don’t worry, we’ll take care of you,” or “You don’t need a lawyer. Such statements are crafted to lower your defenses and lead you to consent to terms that may not be in your best interest. Keep in mind, their priorities don’t align with yours, and they have teams of skilled attorneys advocating for them. In these circumstances, it’s wise to have someone representing your interests.
At Whibbs Stone Barnett Turner, PA we are highly skilled and experienced motorcycle accident attorneys having handled hundreds of serious motorcycle crashes receiving millions of dollars in awards and settlements for our clients. Make Your First Call, Your Best Call to speak to one of our attorneys.
Here are several ways one of our seasoned attorneys can assist you in securing the appropriate compensation you deserve from a motorcycle accident:
Our attorneys will conduct a comprehensive investigation: Following a motorcycle accident, it’s vital to carry out a detailed inquiry to uncover all facts and evidence while exploring every potential legal route to recover compensation.
Our attorneys will manage intricate paperwork: Successfully filing a legal claim involves numerous complex steps, which should be the last thing on your mind as you recover from injuries. Your attorney can oversee all legal matters, allowing you to concentrate on your healing process.
Our attorneys will negotiate directly with the other party: Achieving maximum compensation usually entails a series of negotiations. Without knowing how to calculate the full value of your claim (including intangible losses like pain and suffering) and lacking experience in negotiation, you may find yourself at a significant disadvantage. A proficient personal injury lawyer will skillfully negotiate and have the ability to persuade the opposing side toward a fair settlement. Moreover, your attorney can leverage the possibility of filing a lawsuit if the other party does not engage in good faith negotiations.
Motorcyclists are 28 times more likely to be involved in fatal accidents compared to individuals in passenger vehicles. Unfortunately, motorcycle accidents have been increasing in recent years. From the late 1990s, annual motorcycle accident fatalities fluctuated between 2,000 and 3,000, while nowadays, this figure consistently exceeds 5,000.
If you or someone you love has suffered injuries or a fatality due to a motorcycle accident, contact Whibbs Stone Barnett Turner, P.A. at (850) 500-1111 to consult with one of our experienced lawyers.
We provide free consultations for all personal injury claims and are dedicated to delivering the service you anticipate and the compensation you rightfully deserve. Make Your First call, Your Best Call.
