Clearwater Motorcycle Accident Attorneys

Fighting For Motorcycle Accident Victims in Clearwater, FL

You need supportive legal guidance after being in a serious motorcycle accident. You will find just that and much more when you come to Burnetti, P.A. in Clearwater. Our entire law firm is dedicated to making your life easier after a bad accident by providing comprehensive legal support that genuinely cares about your future well-being.

Call (727) 240-2712to request a consultationwith our Clearwater motorcycle accident attorney.

Florida Motorcycle Laws

Here’s an overview of key Florida motorcycle laws:

• Motorcycle License & Endorsement: To legally ride a motorcycle in Florida, you must have a motorcycle endorsement on your regular driver’s license or a motorcycle-only license. This requires passing a safety course and applying through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
• Helmet Law: Riders under 21 must wear a helmet at all times. Riders 21 and older can ride without one if they carry at least $10,000 in medical insurance for crash injuries.
• Eye Protection Requirement: All riders, regardless of age or helmet use, must wear eye protection such as goggles or a face shield. This rule doesn't apply if you're riding in a fully enclosed vehicle.
• Insurance Rules: Florida does not require motorcycle insurance to register your bike. However, if you're involved in a crash, you must prove financial responsibility and may face penalties if uninsured.
• Equipment Requirements: Your motorcycle must have working headlights, brake lights, turn signals, mirrors, a horn, and a quiet muffler. Handlebars must not rise above your shoulders when seated.
• Passenger Rules: You can only carry a passenger if your motorcycle has a proper passenger seat and footrests. The passenger must sit facing forward with both legs on opposite sides of the bike.
• Lane Sharing & Splitting: Two motorcycles may ride side-by-side in the same lane. However, riding between lanes of traffic (lane splitting) is illegal in Florida.
• Traffic & DUI Laws: Motorcyclists must follow the same traffic laws as car drivers, including speed limits and signaling. DUI laws also apply, with the same legal blood alcohol limit of 0.08%.

What to Do After a Motorcycle Accident

Taking the right steps after a motorcycle accident is crucial for your safety, well-being, and ability to seek compensation. Here's what to do:

• Ensure Your Safety: If possible, move to a safe location to evade further injury. Turn on hazard lights and use any available resources to signal other drivers.
• Seek Immediate Medical Attention: Even if you feel fine initially, some injuries may not be immediately obvious. A thorough medical evaluation ensures proper treatment and creates a record of your injuries for your case.
• Call the Police: A police report is a vital piece of evidence. Provide accurate information, but avoid acknowledging fault or making speculative statements.
• Document the Scene: Take photos or videos of the accident scene, your motorcycle, other vehicles involved, road conditions, and any visible injuries. Gather all contact information from witnesses and other parties involved.
• Notify Your Insurance Company: Report the accident to your insurance provider promptly, but avoid providing a detailed statement without legal advice.
• Consult a Motorcycle Accident Lawyer: Engaging a lawyer early ensures that your rights are well protected and evidence is preserved. Our Clearwater motorcycle accident attorney will handle communication with insurance companies and guide you throughout the legal process.

Common Causes of Motorcycle Accidents

The cause of your motorcycle accident will be one of the main focuses of your claim. By figuring out the cause, we can start to figure out liability, too. Liability is a legal term that describes who is accountable for paying for the damages of the accident. It is most often dependent on each party’s negligence or mistakes that contributed to the accident.

In many motorcycle accident cases, the cause is found to be one of the following:

• Distracted driving: Motorists who are not paying full attention to the road put motorcyclists in serious danger. Even when paying attention, drivers can overlook an approaching motorcycle or one in an adjacent lane because it is smaller than a car and more difficult to see. Texting-related motorcycle accidents are a constant concern.
• Drunk driving: Intoxicated drivers are also significant hazards on the road, especially motorcyclists who do not have the protection of a large metal chassis around them. Drunk drivers are more likely to run red lights, and many of the worst motorcycle accidents happen at red-light intersections.
• Motorcycle part defects: A defective braking system or tire on a motorcycle can be catastrophic if it fails while the vehicle is in motion. Cars might be able to lose a tire and still pull over, but a burst tire on a motorcycle is practically guaranteed to cause a crash.
• Poor road conditions: Debris, oil, and water in the road cause heightened dangers to motorcyclists. Lighter frames and two wheels make for worse traction in motion, i.e., a higher chance of losing control when road conditions are not ideal.

Common Injuries in Motorcycle Accidents

Common injuries may include:

• Traumatic Brain Injuries (TBI): Even with a helmet, riders may suffer head injuries from impact with vehicles or the ground. TBIs could result in long-term cognitive and physical impairments.
• Spinal Cord Injuries: Damage to the spinal cord could result in partial or complete paralysis. These injuries often demand extensive medical care, rehabilitation, and lifelong accommodations.
• Fractures and Broken Bones: The force of a collision often leads to broken arms, legs, ribs, and collarbones. These injuries could require surgery, physical therapy, and extended recovery periods.
• Road Rash: When riders slide across the pavement, they can suffer severe abrasions and skin injuries known as road rash. In severe instances, these injuries could lead to infections or permanent scarring.
• Internal Injuries: Blunt-force trauma from an accident can cause internal bleeding and damage to organs, which are often life-threatening and demand immediate medical intervention.
• Amputations: In high-impact accidents, limbs could be crushed or severely injured, sometimes necessitating amputation.
• Psychological Trauma: Beyond physical injuries, motorcycle accident victims often experience emotional and psychological effects like anxiety, depression, or post-traumatic stress disorder (PTSD).

What Compensation is Available After a Motorcycle Accident

You will likely require significant compensation after being in a motorcycle accident if your injuries were serious enough to warrant immediate medical attention. Motorcyclists are statistically much more likely to suffer a severe or permanent injury in a crash compared to other motorists. By the calculations of some safety groups like the National Highway Traffic Safety Administration (NHTSA), motorcyclists can be around 30 times more likely to suffer a brain injury, spine injury, or broken bone in a crash than people in a car who are involved in a similar crash. This vulnerability to injuries directly translates to worse damages and an increased need for compensation.

Our motorcycle accident lawyers in Clearwater might be able to secure the following types of damages for you:

• Costs for your medical treatments, including hospitalization, aftercare, and prescriptions.
• Wages you don’t earn because you are unable to work.
• Pain and suffering caused by physical injuries and emotional trauma.
• Motorcycle repair or replacement costs.

How Long Does a Motorcycle Accident Lawsuit Take?

Your motorcycle accident lawsuit can take a while to conclude if it goes to court, and there is little chance of reaching a pre-verdict settlement. In this situation, you should expect it to take at least a year to conclude your case, but it might take even longer. When a settlement is possible, though, your motorcycle accident claim could end much sooner, such as in a matter of a few months.

There is no certain way to predict how long a motorcycle accident case will take. Although, you can help avoid delays by allowing our attorneys to handle things. With our experience and insight, we can keep your case moving in the right direction.

FAQs About Motorcycle Accident Claims in Clearwater, FL

Is Florida a no-fault state, and does it apply to motorcycle accidents?

Florida is a no-fault state for car accidents, which means drivers must use their own Personal Injury Protection (PIP) coverage first. However, PIP coverage does not apply to motorcycles in Florida. Injured motorcyclists must pursue compensation through a liability-based claim against the at-fault party or their insurance.

Who can be held liable in a motorcycle accident?

Liability depends on the specific facts of the crash, but potentially liable parties may include:

• Negligent drivers (e.g., distracted, drunk, or speeding)
• Government entities (for poor road conditions or lack of signage)
• Motorcycle manufacturers (if a defect contributed to the crash)
• A personal injury attorney can help investigate and identify all liable parties.

What if I wasn't wearing a helmet during the crash?

Florida law allows riders over 21 to ride without a helmet if they carry at least $10,000 in medical benefits coverage. Not wearing a helmet may affect your claim, particularly if you suffered a head or facial injury. Insurance companies may argue you were partially at fault, which could reduce your compensation under Florida’s comparative fault rule.

How long do I have to file a motorcycle accident claim in Clearwater?

As of 2023, Florida's statute of limitations for personal injury claims is two years from the date of the accident. If you miss this deadline, your claim may be permanently barred. However, exceptions may apply in certain cases, so consult with an attorney as soon as possible.

Can I still recover damages if I was partially at fault for the crash?

Yes. Florida follows a modified comparative fault rule. If you are found to be 50% or less at fault, you can still recover compensation, but your award will be reduced by your percentage of fault. If you're found more than 50% at fault, you may be barred from recovering damages.

What if the other driver doesn’t have insurance or is underinsured?

If the at-fault driver lacks sufficient coverage, you may be able to file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. Your attorney can help you review your policy and explore all available avenues for compensation.

Do I need a lawyer for a motorcycle accident claim in Clearwater?

While not legally required, hiring an attorney is highly recommended. Insurance companies often try to minimize payouts, and motorcycle accident claims can be complex. Our Clearwater motorcycle accident lawyer can gather evidence, deal with insurers, and help you pursue full and fair compensation.

Contact Our Motorcycle Accident Attorney in Clearwater Today

The Clearwater motorcycle accident attorneys at Burnetti, P.A. have supported injured motorcyclists across Florida for years. We know the difficulties that you can face as a motorcyclist, such as an insurance company that insists the crash was your fault just because you ride a motorcycle. Rather than trying to put them in your place on your own, turn to us to do all the fighting for you. Working towards justice for our clients is our passion, and securing great wins is what drives us.

Contact ustoday to get started with our Clearwater motorcycle accident lawyer.