St. Petersburg Motorcycle Accident Attorney

Helping Motorcycle Accident Victims in St. Petersburg, FL

If you have been involved in a motorcycle accident in St. Petersburg, you know how life-altering it can be. You are suddenly faced with medical bills, lost wages, and pain and suffering. You may also be dealing with emotional trauma, which can be just as devastating as the physical injuries you have sustained. The last thing you should have to worry about is how you are going to pay your bills or if you will be able to make ends meet. Let our experienced St. Petersburg motorcycle accident attorneys help you.

At Burnetti, P.A., we understand the difficulties motorcycle accident victims face. Our compassionate and caring team will do everything in our power to help you get the compensation you deserve.

Call (727) 240-3050or contact us onlineto schedule a free consultation with our St. Petersburg motorcycle accident lawyers.

Common Causes of Motorcycle Accidents

Motorcycle accidents can be particularly dangerous due to the inherent lack of protection that motorcycles offer compared to other vehicles. These accidents can result in severe injuries or even fatalities for motorcyclists.

Many factors contribute to the dangers of motorcycle accidents, with common causes involving other vehicles including:

• Limited Visibility: Motorcycles are smaller and less visible than cars and trucks, which makes it harder for other drivers to notice them, especially in blind spots. This can lead to collisions when other drivers change lanes or make turns without seeing the motorcycle.
• Failure to Yield Right of Way: Some drivers may not yield the right of way to motorcycles at intersections, stop signs, or when merging onto highways. This can result in collisions as motorcyclists are often overlooked.
• Distracted Driving: Distracted driving, such as texting or using a phone while driving, is a significant hazard for all road users, including motorcyclists. When drivers are distracted, they may not see motorcycles until it's too late to avoid a collision.
• Speeding: Excessive speed is a common factor in motorcycle accidents involving other vehicles. When cars or trucks are traveling at high speeds, they may misjudge the speed of an approaching motorcycle, leading to dangerous situations.
• Failure to Check Blind Spots: Motorcycles can easily hide in the blind spots of larger vehicles. When drivers fail to check their blind spots before changing lanes or making maneuvers, they may inadvertently collide with a motorcycle.
• Left-Turn Accidents: Left-turn accidents are a frequent cause of motorcycle collisions with other vehicles. Drivers making left turns at intersections may not see an oncoming motorcycle, resulting in a T-bone collision.
• Drunk or Impaired Driving: Alcohol or drug impairment can significantly impair a driver's judgment and reaction times. Impaired drivers are more likely to cause accidents involving motorcycles and other vehicles.
• Sudden Lane Changes: Some drivers make abrupt lane changes without signaling or checking their mirrors properly. This can lead to collisions when they cut off a motorcycle traveling in the adjacent lane.
• Opening Car Doors: In urban areas, motorcyclists are at risk of "dooring" incidents when drivers or passengers in parked cars open their doors without checking for oncoming motorcycles. This can lead to serious accidents.
• Following Too Closely: Tailgating is dangerous in any situation, but it is especially hazardous when following a motorcycle. If the motorcycle has to brake suddenly, the following vehicle may not have enough time to react.
• Road Conditions: Poor road conditions, such as potholes, debris, or uneven surfaces, can pose greater dangers to motorcyclists due to their smaller contact points with the road.
• Weather Conditions: Rain, snow, or fog can reduce visibility and traction, increasing the likelihood of accidents. Slippery road surfaces are especially treacherous for motorcycles.
• Inexperienced Drivers: Drivers who are not familiar with sharing the road with motorcycles may not understand their unique handling characteristics and may inadvertently engage in risky behavior around them.

Motorcycle accidents are a significant concern in St. Petersburg, Florida, and throughout the state. With its warm climate and scenic roads, Florida attracts motorcyclists from all over the country. However, the increased number of motorcycles on the road also leads to a higher risk of accidents.

Common Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries due to the lack of protective enclosures compared to cars. Here are some of the most common types of injuries:

• Traumatic Brain Injury (TBI): This can range from mild concussions to severe, life-altering injuries.
• Skull Fractures: These can lead to brain damage and other complications.
• Spinal Cord Injuries: These can result in paralysis.
• Neck Fractures: These can cause severe pain and mobility issues.
• Facial Fractures: Broken jaws, noses, and cheekbones are common.
• Dental Injuries: Teeth can be knocked out or damaged.
• Soft Tissue Damage: Cuts, lacerations, and abrasions can occur.
• Fractures: Broken bones in arms, legs, hands, and feet are frequent.
• Amputations: In severe cases, limbs may need to be amputated.
• Road Rash: This is a painful abrasion caused by sliding on the pavement.
• Organ Damage: Internal bleeding and damage to organs like the liver, spleen, and kidneys can occur.
• Chest Injuries: Rib fractures and collapsed lungs are possible.
• Burns: From fuel or hot exhaust pipes.
• Psychological Injuries: PTSD and other mental health conditions can develop.

Proving Negligence After a Motorcycle Crash in Florida

Proving negligence after a motorcycle crash in Florida is crucial to recovering damages for your injuries and losses. To establish negligence, you generally need to prove the following four elements:

1. Duty of Care: The other driver owed you a duty to exercise reasonable care while operating their vehicle.
2. Breach of Duty: The other driver failed to exercise that duty of care, such as speeding, drunk driving, or running a red light.
3. Causation: The other driver's negligence directly caused the accident and your injuries.
4. Damages: You suffered actual losses, such as medical bills, lost wages, and pain and suffering.

Evidence to Support Your Accident Claim

To prove these elements, you'll need to gather as much evidence as possible. This may include:

• Police report: This document contains essential details about the accident, including the location, time, and involved parties.
• Photos and videos: Pictures of the accident scene, your injuries, and the damaged vehicles can be invaluable.
• Medical records: Documentation of your injuries, treatments, and ongoing care is essential to prove the extent of your damages.
• Eyewitness testimonies: Statements from people who witnessed the accident can corroborate your account of events.
• Vehicle maintenance records: Evidence of the other driver's vehicle problems can support your claim of negligence.
• Cell phone records: If the other driver was distracted, their phone records might show they were using their phone at the time of the accident.
• Accident reconstruction report: An expert can analyze the accident scene and provide evidence of the other driver's fault.

Damages Available to Injured Motorcyclists in St. Petersburg

Motorcycle accidents often result in severe injuries. If you've been injured in a motorcycle accident in St. Petersburg, you may be entitled to compensation.

Damages are typically divided into two categories: economic and non-economic damages.

Economic Damages

These are quantifiable monetary losses resulting from the accident. They include:

• Medical expenses: Past, current, and future costs related to treatment, surgeries, medications, hospital stays, and rehabilitation.
• Lost wages: Income lost due to time away from work.
• Loss of earning capacity: Potential future income loss if the injury prevents you from working at full capacity.
• Property damage: Costs to repair or replace your motorcycle.

Non-Economic Damages

These are more subjective and compensate for intangible losses. They include:

• Pain and suffering: Physical and emotional pain experienced due to the injury.
• Mental anguish: Emotional distress, anxiety, and depression caused by the accident.
• Loss of consortium: Compensation for the loss of companionship, love, and support for spouses or partners.
• Disfigurement: Compensation for visible scars or injuries.

Hiring a St. Petersburg motorcycle accident attorney is crucial to maximizing your chances of recovering the full compensation you deserve. Our team of attorneys can help you gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.

Florida Statute of Limitations for Motorcycle Accidents

Generally, you have two years from the date of the motorcycle accident to file a personal injury lawsuit in Florida. Missing the deadline can result in the loss of your right to seek compensation for your injuries. Therefore, it's essential to contact a motorcycle accident attorney in St. Petersburg as soon as possible after the accident to protect your rights.

Insurance Company Tactics That Undermine Motorcycle Accident Claims

After a motorcycle accident, insurance companies are quick to protect their bottom line. Their primary goal is to minimize the amount they pay out, and unfortunately, this often comes at the expense of injured riders. Here are some common strategies insurers use to limit or deny compensation:

• Offering lowball settlements quickly: Insurance companies often make quick settlement offers before the full extent of injuries or damages is known. These early offers are usually far below what the claim is truly worth and are designed to pressure injured motorcyclists into settling cheaply.
• Delaying responses to pressure claimants: When a quick settlement isn’t accepted, insurers may delay communications or slow down the claims process. These tactics are meant to frustrate the injured party into giving up or accepting a lower payout out of desperation.
• Using recorded statements against the rider: Insurers commonly request recorded statements shortly after the accident and use them to find inconsistencies or admissions of partial fault. Even innocent comments can be twisted or taken out of context to undermine your claim.
• Disputing the extent or cause of injuries: Insurance adjusters often argue that injuries were pre-existing, minor, or unrelated to the accident. They may rely on biased medical evaluations or use a lack of immediate symptoms to question the legitimacy of your injuries.

FAQs About Motorcycle Accident Claims in St. Petersburg, FL

What should I do immediately after a motorcycle accident in St. Petersburg?

First, seek medical attention—even if you feel fine. Then, report the accident to law enforcement, gather evidence (photos, witness contact info), and consult with a personal injury attorney before speaking to insurance companies.

Do I have to wear a helmet while riding in Florida?

Florida law requires riders under 21 to wear a helmet. Riders over 21 may ride without a helmet only if they carry at least $10,000 in medical insurance coverage.

Can I still recover damages if I was partially at fault?

Yes. Under Florida’s modified comparative negligence law, you can still recover compensation if you are found to be 50% or less at fault. Your compensation will be reduced by your percentage of fault.

What if the at-fault driver doesn't have insurance?

If the other driver is uninsured or underinsured, you may be able to file a claim through your uninsured/underinsured motorist (UM/UIM) coverage if you have it on your policy.

Do Florida’s no-fault insurance laws apply to motorcycles?

No. Florida’s no-fault laws (PIP insurance) do not apply to motorcycles. This means motorcyclists must file claims against the at-fault party to recover damages.

Is it necessary to hire a motorcycle accident lawyer?

While not required, having our St. Petersburg motorcycle accident attorney on your side can greatly improve your chances of securing fair compensation. We can negotiate with insurers, gather evidence, and represent you in court if needed.

Why Choose Our Firm - Over 31 Years of Experience

When you choose Burnetti, P.A., you can expect one-on-one consultations with our attorneys, who will take the time to understand your unique circumstances and tailor a legal strategy that suits your needs.

We are known for our fierce advocacy on behalf of our clients. Our St. Petersburg motorcycle accident lawyers are not afraid to take on insurance companies, negligent drivers, or other responsible parties to ensure you receive fair compensation for your injuries and losses.

Call (727) 240-3050or fill out our online contact formto request a free case review with our experienced motorcycle accident lawyer in St. Petersburg, FL.