Table of Contents
1. Were You Injured in a Motorcycle Accident in Stuart?
2. Common Causes of Stuart Motorcycle Accidents
3. Common Motorcycle Accident Injuries
4. Motorcycle Accident Statute of Limitations in Florida
5. Types of Stuart Motorcycle Accident Claims
6. Importance of Treating within 14 days of a Motorcycle Accident
7. Benefits of Hiring a Stuart Motorcycle Accident Attorney
Were You Injured in a Motorcycle Accident in Stuart?
Stuart, the county seat of Martin County, is a beautiful coastal city which is super fun and thrilling to explore especially when riding on a motorcycle, scooter or a bicycle. It’s close proximity to the Indian River Lagoon, the Atlantic Ocean and St. Lucie River makes it a top favorite tourist destination.
However, as the city is crowded with residents and tourists its often is very difficult for motorcyclists to explore the city at their own pace and safely as the roads are shared with large-sized trucks and passenger vehicles which often don’t afford motorcyclists the care that they are due. Therefore, as a result tragic accidents take place which further cause serious injuries to motorcyclists and burden them with mounting financial expenses related to medical treatments, lost wages due to missed work days and hospitalization. Studies show that motorcyclists are 5 times at a higher risk of getting injured in accidents than passengers in cars; and 25 times more likely than to be killed.
Also, even though you (the motorcyclist) may be riding the bike with reasonable care, you’re still not fully safe on the road. A catastrophic collision with another vehicle or truck can change your life forever. It’s true that you can’t do anything about it; the law nonetheless gives you the right to file for a personal injury claim and get compensated for injuries, damages, losses and suffering incurred. The compensation from the claim can help you overcome financial problems that you’ve incurred due to the accident.
Common Causes of Stuart Motorcycle Accidents
According to the National Highway Traffic Safety Administration (NHTSA), in 60 percent of the motorcycle accidents, other drivers are at fault and the leading causes for accidents include:
- Driving under influence of alcohol and drugs,
- Defective motorcycle design,
- Bad road conditions,
- Improper lane changing,
- Opening of a car door,
- Left turns,
- Faulty repair work, and
- Distracted driving.
A motorcyclist is more likely to get severely injured in the accident because of minimal protection, and the difference in the weight and size of the vehicle colliding with it. For example, on average a motorcycle weighs about 700 pounds while a car weighs 4000 lbs and an 18 wheeler 70,000 pounds. It’s easy to imagine the level of damage that can occur due to the massive weight difference between these vehicles and motorcycles.
Common Motorcycle Accident Injuries
Motorcycle accidents can lead to serious injuries including but not limited to:
- Broken bones and fractures,
- Back injuries,
- Spinal cord damage,
- Head injuries like concussions and traumatic brain injury,
- Leg injuries,
- Soft tissue damage, and
- Organ damage.
Motorcycle Accident Statute of Limitations in Florida
The Statute of limitations in Florida motorcycle accidents is 4 years starting from the accident date. So, it is extremely important that you file your claim within the span of 4 years. Delaying and not filing in a timely manner may lead to dismissal on procedural grounds regardless of their merits.
Also, as claims are litigated under the principles of negligence law in Florida, the plaintiff must prove the negligence of the other driver because of which the accident occurred. The victim must shoe that the defendant owed them a legal duty of care which was breached.
Types of Stuart Motorcycle Accident Claims
Here it is important to understand that unlike car drivers, personal injury protection insurance policy doesn’t cover the injuries in the event of motorcycle accidents.
The car insurance laws and motorcycle insurance laws are the same in many states but not in Florida. As Florida is a no-fault state, in the event of a motorcycle accident the motorcyclist must turn to other options. In Florida motorcyclists are required to carry $20,000 of total bodily injury/$10,000 per-person bodily injury, and $30,000 single-limit liability.
Besides this, they also have the right to file a personal injury lawsuit to get compensated for their injuries, medical bills, loss of wages, pain and suffering if they are able to prove that the accident occurred due to the other driver’s negligence.
For property damage they can file a property damage claim. The insurance company of the defendant may offer to repair the motorcycle or pay the value of the damaged motorcycle.
Importance of Treating within 14 days of a Motorcycle Accident
The importance of seeking medical treatment within 14 days of the accident applies for those injured in a car accident to ensure that they get PIP benefits which covers for 80 percent of the reasonable and customary expenses for medical care up to $10,000. If they fail to do so, then they will lose their benefits. However, this is not applicable for motorcyclists.
Benefits of Hiring a Stuart Motorcycle Accident Attorney
If you or your loved one has been injured in a motorcycle accident then hire our experienced and compassionate Stuart motorcycle accident lawyer today. There are many benefits of working with our attorney.
With us, you can spare yourself from the stress involved in evidence collection, proving the defendant’s negligence, and filing paperwork. Our Stuart motorcycle accident lawyer will handle and manage every aspect of the case so that you can focus fully on your recovery. We will investigate the accident scene in-depth and collect all crucial evidence to determine the negligence of the faulty party.
Our Stuart personal injury attorney will file the claim with all the necessary paperwork along with the police and medical report to establish a strong liability against the defendant. We’ll negotiate aggressively with the insurance company to make sure that you get the settlement that you rightfully deserve. Our Stuart motorcycle accident lawyer will not settle for less under any circumstance. If the insurance company fails to agree then we’ll take the case for trial and present a compelling case. We’ll make sure that you get a fair compensation for the injuries and losses incurred.