Tampa Motorcycle Accident Lawyer

Committed Advocates for Your Critical Moments

When you find yourself involved in a serious motorcycle accident, it is crucial to have compassionate legal guidance. At Burnetti, P.A. in Tampa, we provide more than just support—we strive to make your life easier after a devastating accident by offering comprehensive legal assistance that genuinely prioritizes your future well-being.

To request a consultation with our Tampa motorcycle accident attorneys, call (813) 414-5884.

Primary Causes of Motorcycle Accidents

Determining the cause of your motorcycle accident is a key aspect of your claim. By identifying the cause, we can establish liability. Liability refers to the legal responsibility for covering the damages resulting from the accident. It often hinges on the negligence or errors of the parties involved.

In many motorcycle accident cases, the following causes are frequently found:

• Failure to see the motorcycle: This is the leading cause of motorcycle accidents. Other vehicles simply don't see motorcycles, especially in blind spots or changing traffic conditions.
• Speeding: Excessive speed reduces reaction time and increases the severity of crashes.
• Distracted driving: Motorists who fail to pay full attention to the road pose serious dangers to motorcyclists. Even when drivers are alert, they may overlook an approaching motorcycle or one in an adjacent lane due to its smaller size, making it harder to spot. Motorcycle accidents caused by texting are an ongoing concern.
• Drunk driving: Intoxicated drivers are also significant hazards, especially to motorcyclists who lack the protection of a large metal chassis. Drunk drivers are more likely to run red lights, and some of the most severe motorcycle accidents occur at intersections with traffic lights.
• Motorcycle part defects: A defective braking system or tire on a motorcycle can lead to catastrophic consequences if it malfunctions while the vehicle is in motion. While cars can often manage a tire blowout and pull over, a burst tire on a motorcycle almost always results in a crash.
• Poor road conditions: Debris, oil, and water on the road pose heightened dangers to motorcyclists. With lighter frames and two wheels, motorcycles have inferior traction, making them more prone to losing control when road conditions are less than ideal.
• Hazardous weather: Rain, fog, and wind can reduce visibility and create treacherous road conditions.
• Rider error: Inexperience, fatigue, or improper riding techniques can contribute to accidents.
• Lane changes: Cars changing lanes without checking blind spots can collide with motorcycles.
• Left turns: Cars turning left in front of oncoming motorcycles is a common cause of accidents.
• Dooring: Opening a car door into the path of a motorcycle can cause serious injuries.

Common Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries due to the limited protection riders have compared to car occupants. Some of the most common injuries sustained in motorcycle accidents include:

• Head and Neck Injuries: Given the lack of protective headgear in some cases, head injuries, including traumatic brain injuries (TBIs), concussions, skull fractures, and spinal cord injuries, are prevalent.
• Orthopedic Injuries: Broken bones, especially in the arms, legs, and pelvis, are common due to the impact of the accident. Road rash, a painful abrasion caused by sliding on the pavement, is also frequent.
• Internal Injuries: Motorcycle accidents can cause significant internal damage, including injuries to organs like the liver, spleen, and kidneys.
• Burns: If a motorcycle's fuel tank ruptures, riders can suffer severe burns.
• Soft Tissue Injuries: Muscle strains, sprains, and ligament damage are common, often resulting in long-term pain and discomfort.

Florida's No-Fault Law and PIP Coverage

Florida operates under a no-fault insurance system for motor vehicle accidents. This means after a car accident, involved parties typically turn to their own insurance policies (Personal Injury Protection or PIP) for compensation for your initial medical expenses and lost wages, rather than suing the at-fault driver. The goal is to expedite claims and reduce litigation. However, PIP coverage is not mandatory for motorcycles in Florida.

Here's how PIP works:

• Coverage: PIP covers 80% of reasonable medical expenses up to $10,000, 60% of lost wages up to $10,000, and 100% of replacement services (like child care) up to $25 a day.
• No-fault: PIP benefits are paid regardless of who caused the accident.
• Limitations: PIP coverage has limitations. If your medical bills exceed $10,000 or your lost wages surpass $10,000, you might need to pursue a claim against the at-fault driver.

As mentioned, PIP coverage is not mandatory for motorcycles in Florida. This means motorcycle riders have fewer protections and may need to rely on other types of insurance or potential lawsuits to recover damages. Having a knowledgeable attorney on your side is essential to protect your rights and maximize your compensation.

Compensation Following a Motorcycle Accident in Tampa, FL

If your injuries from a motorcycle accident necessitate immediate medical attention, it is likely that you will require substantial compensation. Statistically, motorcyclists are much more susceptible to severe or permanent injuries in crashes compared to other motorists.

According to safety groups like the National Highway Traffic Safety Administration (NHTSA), motorcyclists can be up to 30 times more likely to sustain brain injuries, spinal injuries, or broken bones in a crash compared to individuals in similar car accidents. This heightened vulnerability translates to greater damages and an increased need for compensation.

Our Tampa motorcycle accident lawyers may be able to secure the following types of damages on your behalf:

• Medical expenses: Including hospitalization, aftercare, and prescription costs.
• Lost wages: Compensation for income lost due to your inability to work.
• Pain and suffering: Damages resulting from physical injuries and emotional trauma.
• Motorcycle repair or replacement costs.

Statute of Limitations for Filing a Motorcycle Accident Claim

As of March 2023 under House Bill 837, Florida law gives you two years from the date of a motorcycle accident to file a lawsuit against the person responsible. This is called the statute of limitations. Missing this deadline means losing your right to seek compensation for your injuries and damages.

Don't wait to report the accident to your insurance company and gather evidence. Insurance claims often have shorter deadlines than lawsuits. Speaking to a Tampa motorcycle accident lawyer right away can help preserve evidence and your legal options.

Timeline of a Motorcycle Accident Lawsuit

The duration of your motorcycle accident lawsuit can vary depending on whether it goes to court and the likelihood of reaching a pre-verdict settlement. If a trial is necessary, expect the case to conclude in at least a year, and possibly longer. However, if a settlement is achievable, your motorcycle accident claim could be resolved in a matter of months.

Predicting the precise duration of a motorcycle accident case is challenging. Nevertheless, you can help expedite the process by entrusting our Tampa motorcycle accident lawyers to handle the legal matters. With our experience and expertise, we will ensure your case progresses in the right direction.

Motorcycle Accident FAQ

Is lane splitting legal in Florida?

No, lane splitting is illegal in Florida. Lane splitting, which is the practice of riding a motorcycle between lanes of traffic, is prohibited by Florida law. It's important to follow all traffic laws to ensure your safety and avoid legal consequences.

Do I need to wear a helmet in Florida?

Florida law allows motorcycle riders over 21 to ride without a helmet if they have at least $10,000 in medical benefits coverage. However, it’s strongly recommended to always wear a helmet to protect yourself from serious head injuries.

Can I still recover compensation if I wasn't wearing a helmet?

Yes, you may still pursue compensation. However, not wearing a helmet may affect the amount you recover—especially if the other side argues that it contributed to your injuries.

What should I do after a motorcycle accident?

• Seek medical attention: Prioritize your health and well-being.
• Contact the police: Report the accident to the authorities.
• Gather evidence: Collect information from witnesses, take photos of the accident scene, and document your injuries.
• Contact an attorney: An experienced motorcycle accident lawyer can protect your rights and guide you through the legal process.

Should I speak to the insurance company after the accident?

You should be cautious. Insurance companies may try to get you to admit fault or accept a low settlement. It’s best to speak with a motorcycle accident lawyer before giving a recorded statement.

How much is my motorcycle accident case worth?

The value of your claim depends on factors like the severity of your injuries, liability, medical costs, lost income, and long-term impact. An experienced Tampa motorcycle accident lawyer can help evaluate your case.

Will my case go to court?

Many motorcycle accident claims are settled out of court. However, if a fair settlement isn’t offered, your attorney may recommend filing a lawsuit to seek damages through litigation.

Do I need a lawyer to file a claim?

While it's not required, hiring hour knowledgeable motorcycle accident attorney in Tampa can significantly improve your chances of getting fair compensation and dealing with insurance companies.

Consult Experienced Attorneys with Over 31 Years of Practice

The Tampa motorcycle accident attorneys at Burnetti, P.A. have been providing assistance to injured motorcyclists throughout Florida for many years. We understand the challenges faced by motorcyclists, such as dealing with insurance companies that unfairly blame them solely based on their mode of transportation. Instead of battling alone, rely on us to fight on your behalf. Pursuing justice for our clients is our passion, and achieving successful outcomes is what motivates us.

Contact us todayto discover how our Tampa motorcycle accident lawyers can assist you.