Lakeland Motorcycle Accident Lawyer

If you or a loved one was injured in a motorcycle wreck, a Lakeland motorcycle accident lawyer could help you recover damages. Our legal team has a track record of success and offers sound legal advice tailored to your needs.

Led by Board Certified Civil Trial Lawyer Dave Dismuke, our Lakeland personal injury attorneys have the proven skills to protect your interests. Our team is committed to helping motorcycle accident victims like you get justice and financial compensation. Contact us today for a free legal consultation.

Why Choose Us for Your Lakeland, FL, Motorcycle Accident Case?

Here are a few reasons Central Florida residents choose our law firm:

• Our legal team has decades of combined legal experience.
• We have recovered millions of dollars on behalf of our clients.
• Our firm has a reputation for success and gets rave reviews from former clients.
• We offer free initial case evaluations to all potential clients.

Our personal injury law firm is fully armed to defend your rights and fight for maximum compensation in your case. Our personal injury attorneys serve Central Florida from our Lakeland and Sebring offices. We handle cases on a contingency-fee basis so that you won’t have to pay upfront.

Calculating the Value of Your Motorcycle Injury Claim

After being involved in a motorcycle crash, figuring out how much your injury claim is worth can be complicated. The value of your claim will depend on several factors, including the severity of your injuries, the cost of medical treatment, and whether you lost wages due to time away from work.

Economic Damages

The first step in calculating the value of your motorcycle injury claim is to determine your economic damages. These typically include:

• Medical care
• Lost wages
• Other out-of-pocket expenses

Non-Economic Damages

The second step is to calculate the value of your non-economic damages. These are more difficult to quantify and can include the following:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Wrongful death (if your loved one was killed)

Don’t let an insurance company settle for less than your case is worth. An experienced personal injury attorney can help you calculate the value of your claim and pursue maximum compensation.

Proving Liability for a Lakeland Motorcycle Accident

Many factors contribute to liability in a motorcycle accident. Florida adheres to comparative negligence as outlined in Florida Statutes § 768.81. This means an individual involved in an accident could be partially at fault and, therefore, liable for a percentage of the damages.

For example, if a motorcyclist were to cause a vehicle to swerve into another lane and hit another car, then the motorcyclist could be held partially liable for that accident. With that said, often, motorcycle accident victims share no responsibility for a crash. You should not be left paying the bills if you were seriously injured in a crash caused by another driver’s negligence.

Our motorcycle accident lawyer in Lakeland, FL can use the evidence they gather to prove the other party’s negligence in causing your crash. They may use:

• Your police report
• Surveillance footage or dash cam video
• Photo evidence
• Eyewitness testimony
• Accident reconstruction services
• Expert testimony

They may also use their resources and legal standing to gather hard-to-find evidence like phone records and black box data.

Time Limit for Filing a Personal Injury Lawsuit in Florida

If you or a loved one has been injured in a motorcycle crash in Lakeland, FL, it is important to understand the urgency of starting your personal injury case. In Florida, the statute of limitations for filing a personal injury lawsuit is two years from the accident date.

The statute of limitations sets forth how long an individual has to file a lawsuit. If the deadline has passed, you may be unable to pursue legal action against the at-fault party. Insurance companies may also have time limits.

After a motorcycle accident, it is crucial to contact a qualified attorney as soon as possible. Our motorcycle accident lawyer in Lakeland, FL can help ensure that you meet all applicable deadlines in your case and keep your options open for bringing a motorcycle accident lawsuit.

Motorcycle Accident Injuries

Motorcycle crashes can be incredibly dangerous, often resulting in severe injuries for the victim.

Common motorcycle accident injuries include:

• Road rash: This common injury is caused when the skin comes into contact with the road surface, resulting in abrasions and lacerations. Road rash can range from minor scrapes to deep wounds that cause permanent scarring.
• Broken Bones: Breaks or fractures are some of the most common injuries sustained in motorcycle accidents. The impact force from a collision can cause fractures to the arms, legs, and other body parts.
• Internal injuries: These injuries can be difficult to diagnose, ranging from minor bruising to life-threatening organ damage.
• Head and neck injuries: These injuries are common in motorcycle accidents, as there is no external frame or airbag to protect the rider. Traumatic brain injury (TBI) is one of the most serious injuries a rider can sustain.
• Spinal cord Injuries: Damage to the spinal cord can cause loss of sensation, paralysis, and other long-term complications.

If you or a loved one has been injured in a motorcycle crash, contact our experienced Lakeland motorcycle accident lawyers today to discuss your legal options. We will pursue a fair settlement or verdict for the extent of your medical expenses. You shouldn’t have to bear this financial burden because someone else injured you.

Causes of Motorcycle Accidents

Compared to others on the road, motorcyclists are at increased injury risk when involved in traffic accidents. Even while wearing helmets and protective gear, riders are far more vulnerable to an impact than occupants of enclosed vehicles.

Like any traffic accident, a motorcycle collision may have one or more causes. It is important to identify the primary cause so that blame can be assigned to the appropriate party.

Factors That Could Lead to a Motorcycle Accident

The following are factors that could contribute to a crash:

• Speeding
• Heavy weather
• Dangerous roadways
• Distracted driving
• Driving under the influence of alcohol or drugs
• Defective bike or auto parts
• Lack of skill and licensing
• Aggressive or reckless driving

With our extensive experience in motorcycle accident claims and lawsuits, we are confident in our ability to uncover the cause of your collision.

Florida Motorcycle Laws

All motorcycle riders should have a basic understanding of Florida’s motorcycle laws. It’s important to stay current on these laws to ensure your safety and the safety of others on the road.

Florida Motorcycle Endorsement

In addition to the helmet and insurance laws outlined below, you must be aware that while you do not need a special motorcycle license, you must have a motorcycle endorsement on your regular driver’s license.

You’ll need to pass a motorcycle safety course offered by a certified instructor to get this endorsement. If you don’t have a normal driver’s license, obtaining a motorcycle-only license with the endorsement is possible.

Florida Headlight Requirement

Additionally, under Florida Statutes § 316.405, all motorcycle operators in Florida must have their headlights turned on at all times, including during the day.

Lane-splitting, or the practice of riding on the lane lines between cars, is prohibited, and, generally speaking, all motorcyclists must follow the same rules of the road and all traffic laws that operators of other types of motor vehicles are subject to.

Florida Motorcycle Helmet Laws

In Florida, any motorcycle operator or passenger under 21 must wear an approved motorcycle helmet. Additionally, all motorcyclists must wear protective eyewear. Those over 21 do not need to wear helmets as long as they carry at least $10,000 in medical insurance benefits.

You must wear a motorcycle helmet if you do not have this minimum insurance coverage. Even if you have medical insurance, we recommend wearing an approved motorcycle helmet when riding. Doing so can prevent serious or fatal head injuries in a crash.

Motorcycle Insurance Requirements in Florida

As previously mentioned, any motorcycle rider over 21 who wishes to ride without a helmet must have at least $10,000 in medical insurance coverage.

Secondly, all motorcycle riders, regardless of age or whether they wear a helmet or not, must carry the state’s minimum liability insurance coverage:

• $10,000 per person in bodily injury coverage
• $20,000 per accident in bodily injury coverage
• $10,000 in property damage liability

Note that motorcyclists in Florida cannot purchase the state’s required no-fault insurance, personal injury protection (PIP) insurance; that’s where the $10,000 in medical insurance benefits coverage comes in. This coverage will protect you if you are injured in a motorcycle wreck.

Steps to Take After a Motorcycle Accident

Suffering motorcycle accident injuries can be traumatic and overwhelming. Knowing the appropriate steps to take immediately afterward protects your health and safety and also strengthens your potential legal claim. The following is a comprehensive guide on what to do if you find yourself in this unfortunate situation: 

1. Ensure Safety and Seek Medical Attention

Your safety and health are the top priorities. If you are able to do so, move to a safe location away from traffic to prevent further injury. Check yourself and others involved for injuries and call 911 immediately, even if injuries seem minor. Getting prompt medical attention is essential as some injuries may not be immediately apparent.

2. Call Emergency Services 

Report the accident to the police and request an officer to come to the scene. A police report provides an objective interpretation of the incident and is often crucial for insurance claims and legal proceedings.

3. Document the Accident Scene

If you are physically able, gather as much information as possible from the accident scene. Use your cell phone camera to capture visual evidence of the following:

• The position of the vehicles involved
• Damage to your motorcycle and any other vehicles
• Skid marks, road conditions, and any debris
• Traffic signs and signals
• Any visible injuries

Also, note the time, date, and weather conditions at the time of the accident.

4. Exchange Information

Collect contact and insurance information from the other motorists involved in the accident, which may include full names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details. If there are witnesses, obtain their contact information as well, as they may provide crucial testimonies later.

5. Avoid Admitting Fault

Be cautious with your words when speaking to others at the scene. Avoid admitting fault or apologizing, as these statements can be used against you later. Stick to the facts when explaining the incident to the police and other parties involved.

6. Seek Legal Advice

After ensuring your immediate health and safety, contact a motorcycle accident attorney at Dismuke Law. A legal professional experienced in motorcycle claims provides invaluable guidance on how to proceed, gathers and preserves evidence, and negotiates with insurance entities on your behalf.

7. Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Provide them with the basic details of the accident, but refrain from providing an official statement or signing documents until you have consulted with your attorney at Dismuke Law.

8. Keep Detailed Records

Build a comprehensive file of all documents related to the accident. This includes medical records, repair estimates, the police report, correspondence with insurance companies, and any expenses related to the accident (e.g., medical bills, motorcycle repairs, rental costs). Keeping detailed records will support your claim and help ensure you receive fair compensation.

9. Follow Medical Advice

Make sure to follow the treatment plan prescribed by your healthcare providers. Show up to all follow-up appointments and physical therapy sessions. Not only is this crucial for your recovery, but it also demonstrates the seriousness of your injuries when pursuing a legal claim.

10. Stay Informed and Patient

The aftermath of a motorcycle accident may be a lengthy and complex process. Stay informed about your case and maintain open communication with your Dismuke Law attorney. Patience and persistence are key, as resolving a motorcycle accident claim can take time.

By following these steps, you protect your rights and increase your chances of a favorable outcome. Remember, the actions you take immediately after a motorcycle accident can significantly impact your recovery and your capacity to recover the compensation you deserve. 

Legal Options for Passengers Injured in Motorcycle Accidents

While many of Florida’s motorcycle laws focus on the riders, there are also specific regulations that apply to passengers. One such regulation mandates that passengers cannot ride on motorcycles designed for solo use.

Regarding helmet use, Florida allows motorcyclists and passengers over 21 to ride without helmets, provided they maintain insurance coverage minimums of $10,000 for personal injuries. Although it’s legally permissible for these riders to choose not to wear helmets, it’s advisable to wear one since the absence of a helmet during an accident can be used against the rider in legal defenses, particularly in cases involving head injuries. 

Minors riding motorcycles must wear helmets, unlike their adult counterparts. Motorcycles designed to carry passengers must be equipped with footrests, and passengers need to be able to reach these pegs comfortably. This is important for maintaining balance and ensuring the safety of both the rider and the passenger.

While there is no specific law that forbids motorcycle passengers from being intoxicated, from a legal perspective, riding while intoxicated is not recommended. Intoxication can complicate injury claims, especially if it contributed to the accident or affected the passenger’s ability to remain safely seated.

Liability in Florida Motorcycle Passenger Injuries

In cases involving motorcycle passenger injuries in South Florida, several parties might be held liable, including:

• The motorcycle operator
• The driver of another involved vehicle, if applicable
• The owner of the motorcycle or other vehicle involved, if they are not the operator
• The manufacturer of the motorcycle or its parts, should there be defects
• Any establishments that might have served alcohol to underaged or habitually addicted drivers, under Florida’s dram shop law (F.S. 768.125)
• Providers of uninsured or underinsured motorist coverage, particularly if “stacking” options are chosen

Passenger injury claims in Florida often have a straightforward aspect since the accident is seldom caused by the passenger. In these cases, the motorcycle operator’s medical payment coverage can often be used for the passenger, irrespective of fault. 

However, to claim under the operator’s bodily injury coverage, negligence must be established. This involves proving that the operator failed to exercise reasonable care, leading to the accident. Examples include speeding, reckless driving, or violating traffic laws, particularly in incidents where no other vehicles are involved.

Talk to a Motorcycle Accident Attorney in Lakeland

If you have been involved in a motorcycle accident in Lakeland, an experienced attorney with Dismuke Law could evaluate your case. A qualified motorcycle attorney in Lakeland, FL can help you understand your rights and options and provide legal advice on how to proceed.

Don’t let an insurance company take advantage of you during this difficult time. Ask Dave how our personal injury lawyers can help defend your rights and fight for your financial recovery.Contact our law firm today to get started with a free consultation.