Have a Motorcycle Accident Question? Ask Gallagher & Hagopian

Motorcycle Accident Question

Have You Been In A Motorcycle Accident?

When another driver’s negligence causes results in injuries, you need to contact an experienced lawyer immediately. It is never a good idea to speak to your insurance company, agree to or sign any settlement or discuss your concerns, injuries, or damages with anyone other than an attorney. The majority of motorcycle accidents require immediate medical attention and result in many questions and concerns. We have all the answers to ease your mind and allow your body to heal.

Gallagher and Hagopian provide free consultations for potential clients, and we will come to you– whether you’re at home, in the hospital, or in rehab for your injury.

Did You Know?

A motorcycle rider is 26 percent more likely to die in an accident involving another vehicle than someone riding in a standard automobile and five times more likely to be injured. Unfortunately, two-thirds of motorcycle accidents involving another vehicle result from being violated of the right of way, which results in an accident. As a result, the fatality rate of motorcycle drivers is extremely high because they do not have any protection to surround them as a factory motor vehicle does.

Several situations make motorcycles more vulnerable than standard vehicles.

  • Visual Recognition: Motorcycles are actual targets because they are much less likely to be seen by another standard vehicle, and we must note that weather can be a significant factor.
  • Road Hazards: Puddles, debris, uneven pavement, and railroad tracks can minimally affect a car. But it can be disastrous to a motorcycle.
  • Speed Accidents: The faster the motorcycle goes, the more unstable it becomes, and as a result, it becomes wobbly and may begin to shake. It is possible that repetitive misalignment opportunities can cause the front and rear tires to become awry. If this is proved, the manufacturer can be held accountable.
  • Riding skills: To operate a motorcycle requires more skill and awareness than a car. The lack of experience or riding skills may become a factor in operating a vehicle with only two wheels.

Insurance laws are quite different for motorcycles. They do not have to obtain insurance in Florida. Motorcycles are expressly excluded from Florida’s PIP statute. Fortunately, motorcyclists can purchase optional medical payment coverage, covering a motorcyclist’s accident-related medical expenses.

Victims and their families often wonder how Motorcycle Cases are Different from Car Accidents Cases?

The severity of the injuries that are incurred in a motorcycle accident versus a car crash is catastrophic. In addition, motorcyclists are exposed mainly when riding, especially if they do not use protective safety gear such as a helmet, proper clothing, and riding in open shoes rather than motorcycle boots. When someone is in a motorcycle accident, they obtain injuries from the car, bus, or truck that hit them and from falling onto the pavement.

Unfortunately, when it comes to a motorcycle accident, there is an unfair prejudice. At times, bikers are seen as risk-takers and daredevils by the insurance companies and some juries.

Is it a Good Idea to Explain to Either Insurance Company How the Accident Happened?

After a motorcycle accident, an insurance adjuster will contact you. You will be asked to not only give a recorded statement from the other party’s insurance but yours as well. They may seem very kind and caring, but they are experts in obtaining information from you that could hurt your claim. Remember, both insurance companies and their staff are trained to minimize payouts.

Should I File a Claim if I Feel I Was Partly at Fault?

When reflecting on an accident, it is not uncommon to be unclear exactly what happened, and as a result, many people do not file a claim because they feel they are partially to blame.
There was a time when Florida was a contributory negligence state; however, today’s law states that Florida follows the rule of pure comparative negligence. Therefore, Florida can recover compensation from the other party, even if the victim is partly at fault (even if the victim’s percentage of fault exceeds 51%).

Can I Open a Case if I Was Not Wearing a Helmet?

If you ride a motorcycle in Florida and are over the age of 21, you are not required to wear a helmet. However, Gallagher & Hagopian do recommend wearing a helmet for your safety to prevent Traumatic Brain Injuries. All bikers must understand that failing to wear a helmet could negatively impact your case.

The courts and insurance companies may find that not wearing a helmet fails to mitigate the severity of injuries. This means that the injuries would not have been as severe if you were wearing a helmet. Thus proving partial fault and reducing the amount awarded to your case.

Gallagher & Hagopian have worked with countless motorcycle accident victims, and we understand how profound the impact can be on someone’s life. We can answer any questions about your legal right to compensation and how to file a personal injury claim. In addition to the injuries directly sustained in the accident, you can suffer depression, anxiety, or even PTSD in the wake of the event. On top of the physical and emotional damage, you may also face significant medical bills and a loss of income, mainly if the accident forces you to take unpaid medical leave or leave your job entirely.