Sarasota Motorcycle Accident Lawyers
Florida’s year-round beautiful weather and dazzling vistas make it extremely popular among motorcyclists. For those who ride here, one of life’s greatest pleasures is to hop on a motorcycle and ride the Florida coastline. Yet being involved in a motorcycle accident could also be listed as one of life’s more unfortunate experiences.
Any accidents while you are riding a motorcycle is extremely dangerous because there is little to no protection for the rider. Even with proper protective gear, the outcome of motorcycle accidents is frequently serious injuries or fatalities. Adding insult to injury, Florida does not require medical payment insurance on motorcycle owners/riders, so paying for medical care after your accident can be very difficult. As attorneys who specialize in motorcycle accident recovery, we have compiled a list of frequently asked questions about motorcycles and motorcycle accidents. If you’ve been involved in a motorcycle accident call us today at 941-263-8314 or by filling out our contact form.
What are the motorcycle licensing requirements in Florida?
Florida requires a motorcycle endorsement on the driver’s license for anyone riding a motorcycle. Florida also offers a motorcycle-only license. In order to get a motorcycle endorsement, riders must be at least 16 years of age, and for those under the age of 18, they must have no traffic convictions for one year. Riders must have at least a regular class E driver’s license, and they must complete the Basic Rider Course.
What laws apply to motorcycles on roadways designated for traffic?
Motorcycle riders are subject to the same laws as automobile drivers. Motorcycles have the right to full use of a lane, yet two motorcycles may travel two-abreast in a single lane. Motorcycles cannot pass vehicles in the same lane as the vehicle, nor or they permitted to ride between lanes of traffic or adjacent rows of vehicles, what is commonly referred to as lane splitting.
Can motorcyclists wear headphones while they ride?
Under Florida law, motorists of any kind are not permitted to operate a vehicle while wearing a headset, headphones, or any other listening device, with the exception of a hearing aid. However, motorists may use a headset in conjunction with a cellphone or other device as long as it only provides sound through one ear, keeping the other ear open to other sounds of traffic. As a motorcyclist, keeping your ears on the road can be as important as keeping your eyes on it.
What steps should I take if I am in a motorcycle accident?
The most important thing to remember is to remain calm and follow these steps to ensure your rights and safety are protected:
- Immediately following the crash, move out of the roadway if possible and contact the police.
- If necessary, seek immediate medical care or assistance.
- Once you or the injured party have been stabilized, file a detailed police report of the accident and exchange contact and insurance information with the other party.
- Take photos of the accident scene and collect all the information you can, including names, insurance, and contact information of those involved in the accident as well as any witnesses and If possible, draw diagrams of the scene. These photos and diagrams are essential in assisting your accident attorney in evaluating your claims.
- Get a copy of ourCode Red Emergency Card to have a reminder in case you are in an accident
When should I seek medical attention?
Even if you don’t think you’ve been hurt, you should be seen by a healthcare professional after any accident. Some injuries may not reveal themselves for days, weeks, or even years after an accident, and it is important to recognize the extent of your injuries to be sure there will be no long-term complications. Additionally, should your case be challenged, medical records will be very helpful in getting the help you need.
Should I file a lawsuit against the other driver if the accident was not my fault?
This will largely depend on the at-fault party’s insurance company and whether or not they operate in good faith to compensate you for the damages to your vehicle, medical bills, lost wages, and pain and suffering. If the insurance company is unwilling to settle for a fair compensation, a lawsuit may become necessary.
How long will it take for a lawsuit to be settled?
The insurance provider’s job is to pay out as little as possible, and one of their greatest tactics is to delay. Without having an experienced attorney to help prod them along, settlements can take quite a long time, and lawsuits can take longer. While each accident is different and will have its own timeline, rest assured that your case will go more quickly and you will get a higher compensation if you have a good attorney.
How long do I have to file a lawsuit if I am in a motorcycle accident in Florida?
Florida law allows up to four years to file a lawsuit after the initial injuries of a motorcycle accident. However, the earlier your case begins, the more likely it is to recover the compensation you deserve.
Our Experienced Motorcycle Attorneys Can Help
If you or a loved one have suffered serious injury or death in a motorcycle accident due to another driver’s negligence or wrongdoing, you may be eligible to recover your losses and damages. Our experienced and qualified attorneys can help you to file a motorcycle accident lawsuit in order to seek compensation for your damages and losses including: property damages, lost wages, past medical care, future medical care, future loss of income, pain and suffering, disfigurement, traumatic brain injuries, funeral costs, emotional trauma, mental anguish, grief, relationship losses and more.
While another driver’s negligence is typically the cause of motorcycle accidents, others may be culpable in these tragic situations. Some common examples of other negligent acts are failure to properly maintain the road, poor lighting, obstruction of road signs, etc. In addition, if a motorcycle accident was the result of a defective auto or cycle part, the manufacturers or repair personnel may also be held liable.
It is important to know that motorcycle accident claims are subject to a statute of limitations. These statutes limit the amount of time that a person has to file a personal injury claim. Wittmer | Linehan has represented many bikers and their families in the Sarasota, Florida, area. Our attorneys understand special insurance laws and regulations that may help you maximize your recovery and pay for medical care. Contact us online or call 941-263-8314 to discuss your case.