Protect Yourself After a Motorcycle Accident
Cases of accidents are rising day by day. You never know when it can be your turn. You may be a good rider and follow all safety protocols, but it can happen to anybody, and there is no guarantee about how severe it can be.
A rider may get injuries that can take much time and money, so to ease the process of healing mentally and financially, the best option is to claim compensation for the accident. Still, certain things need to be taken care of if you want to make sure you get the compensation.
To make sure you get the compensation you deserve, it’s important to get help from a skilled motorcycle accident attorney in Fort Myers. At the Law Offices of Wolf & Pravato, we’ve successfully handled countless accident cases. Schedule your free consultation today to learn how we can support you.
The Reality of Motorcycle Riding in Fort Myers, FL
Motorbike accidents are dangerous and often deadly due to the fact that motorcyclists are simply not as protected as the drivers of cars. Many times, the car drivers involved in motorcycle crashes claim they never saw the motorcycle when, in reality, the driver never even looked. Did you know that motorcyclists are 28 times more likely to die in a collision than someone riding in a passenger car? In 2017 alone, there were 5,172 fatalities due to motorcycle crashes, accounting for 14 percent of all motor vehicle crash deaths that year, which is more than double the amount of motorcycle deaths that occurred ten years prior.
It’s an exciting idea many people dream about, but riding a motorcycle is very different from what you see on TV or in the movies.
Fort Myers Motorcycle Accidents Causes
Motorcycle accidents cause serious injuries and deaths more frequently than any other type of accident. According to a survey, it has been found that there were about 35 times more deaths from motorcycle accidents than from a car or any other vehicle. This is maybe because people are unaware of the causes of motorcycle accidents and how they can be avoided, so let’s look.
1. Head-on Collisions
More than 50% of motorcycle deaths are caused due to collisions between motorcycles and other vehicles. A head-on collision is when two vehicles moving towards each other collide. In about 75% of the motorcycle accidents, the two collide from the front. Hence, such collisions are considered fatal accidents, and the motorcycle rider gets the most injuries.
2. Speeding and driving drunk
The cases of overspeeding are the reason for more than half of the motorcycle accidents. This factor is a major cause of accidents by cars and other vehicles as well. But the cases of accidents by other vehicles have not been as fatal as compared to motorcycle accidents.
3. Cars making left-hand turns
Another major reason for accidents is collisions while cars take left turns. These collisions usually occur while the motorcycle is going straight through an intersection. In such accidents, the car driver will be at fault in most cases. However, in some cases, even the motorcyclist may be at fault for overspeeding or driving in the wrong lane. Such collisions can also be seen between two cars or cars and some other vehicle, but the smaller vehicle or the motorcycle gets affected the most, as they can be less visible due to their size.
4. Motorcycle Lane Splitting
Such accidents occur when a motorcycle drives between two lanes of slowly moving cars or vehicles. It happens while you ride a motorcycle on a four-lane road next to a car whose driver is not attentive to the road or is busy with a phone. Sometimes car drivers cannot see the motorcycle if it comes into their blind spots.
No matter the cause, whether it’s a head-on collision, speeding, or lane splitting, our Fort Myers motorcycle accident attorney is ready to fight for your rights. Call us today at 239-337-4357 & get a free consultation.
What Claims can you make for a Motorcycle Accident?
1. Motorcycle Accident Injury
If it is not the mistake of the motorcyclist that led to the accident and the motorcyclist has been injured in the accident as a result of the mistake of the other party involved in the accident, the motorcyclist can make claims for his losses. The most common is the motorcyclist accident injury claim. Any accident will lead to an injury. The severity of the injury depends on the impact of the collision and the accident.
2. Negligence
The personal injury caused by the accident is due to the negligence of the other driver. An attorney will need to prove is that the other guy was at fault. Our Fort Myers Motorcycle Accident Lawyer will ensure that the negligent driver is proven guilty and you get your compensation.
3. Product Liability
These are the cases where neither of the drivers is at fault. Rather, the accident was a result of a defective car or defective parts in the car. In this case, you can approach a Fort Myers product liability lawyer to determine the defects in the car before the accident. If the defect was dangerous, then the attorney will get you the claim. The motorcycle or car was operated as intended, and the vehicle’s performance had not changed since its purchase; the attorney can get all the claims from the manufacturer.
4. Wrongful Death
If you’ve lost a loved one in a motorcycle accident, you may be eligible to file a wrongful death claim. In such a difficult time, it’s important to have a trusted attorney by your side who can hold the negligent driver accountable. Our Fort Myers wrongful death Lawyer is here to help you seek the justice and compensation your family deserves.
Types of Motorcycle Accident Compensation in Fort Myers, FL
- Past and Future Medical Expenses
An accident will result in injuries, and these injuries will result in medical expenses. Victims can ask for the claim and receive compensation for all the past and future medical expenses that have occurred or might occur due to the injury caused by the accident. The hospital visits, surgeries, etc., directly related to the accident can be claimed for compensation.
- Pain and Suffering
Not all motorcycle accident victims are covered by PIP insurance. However, you can work with a lawyer to file a lawsuit and pursue compensation for the pain and suffering caused by the crash. The amount you may receive depends on factors like the type of injury, how long the pain lasts, and how severely it affects your life.
- Lost Wages
Motorcycle accidents always cause injuries that may force the driver to take leave from work. In this case, the person can file a lawsuit and get compensation for the loss of wages that he/ she would have gotten if the accident had not happened, and the person worked during the time spent in the hospital and medical care.
- Medical Anguish
Compensation can be claimed for the emotional suffering borne by the victim. Embarrassment, worry, grief, nervousness, etc., can be included in the emotional suffering.
- Loss of Consortium
In the case of wrongful death, the surviving spouse can claim compensation for the loss of services, society, aid, assistance, and companionship that occurred due to the accident. Loss of Consortium applies to the surviving parents and also to minor children.
Still have questions about the compensation you may be entitled to? Call our motorcycle accident lawyer in Fort Myers today for clear answers and reliable legal guidance. Get your free consultation now!
Why Do You Need a Fort Myers Motorcycle Accident Lawyer?
Any accident causes losses both mentally and in the form of money. The victim can always claim compensation for the losses incurred. However, the probability of an accident victim without much experience in the law getting the compensation they deserve is very low. So, it is recommended to go for a reputable attorney for the victim to get proper compensation.
The amount incurred might not be covered by vehicle insurance. You might need to go for a regular medical check-up for a while after initial treatment. In the worst case of the motorcycle being uninsured, the victim might struggle to pay the hospital bills.
An experienced motorcycle accident attorney in Fort Myers will help you build strong evidence by collecting scene and police reports, photographing the scene, reconstructing the accident scene, and gathering witness statements that go in your favor.
Getting on a Motorcycle? Not without this safety gear in FL
If you’re getting your motor running and about to head out on the highway, make sure you are wearing the right safety gear.
What does a motorcyclist need?
- A Helmet – choose a model that has a Department of Transportation certification and fits correctly.
- Jacket and long pants – while this may seem burdensome in the summer, a jacket and long pants can help save your skin if you are in an accident.
- Boots or sturdy shoes – hot pipes, chains, and gears can cause serious damage to a rider’s feet. The right shoes can help prevent this.
- Reflective material and lights – it’s important to ensure you are visible to other riders and cars, especially when riding at night.
- Sunglasses – when riding in the South Florida sun and scattered rain showers, sunglasses can be a rider’s best friend.
Safe riding means living to ride another day, and that’s what everyone wants.
What Affects the Outcome of Your Case?
Riding a motorcycle requires more skill than driving a car, so it is important that a motorcyclist receives proper training. Juries tend to hold a bias toward motorcyclists, unjustly claiming that they are more prone to high-risk behavior simply by riding a motorcycle. Motorcyclists need to follow the rules of the road explicitly in order to protect themselves in the event of an accident.
There are many factors that need to be examined in order to determine liability in a motorcycle accident. The court will look at whether or not the people involved were obeying traffic rules, the conditions of the vehicles after the accident, past histories of reckless driving, witness testimony, physical evidence, and whether or not the motorcyclist was wearing a helmet.
Motorcycle Accidents in Fort Myers Involve Too Much Alcohol
Since the beginning of this year, there have been several motorcycle accidents in Fort Myers where too much alcohol has been involved.
At the beginning of February, motorcyclist Douglas Charles Westpfahl, 63, of Sterling Heights, Michigan, was traveling eastbound on Pine Island in the outside lane on his Harley-Davidson motorcycle when he rear-ended the last rider in a pack of motorcyclists. According to the Cape Coral police report and several witnesses’ statements, Westpfahl was several car lengths behind an eastbound pack of motorcycles. When the pack passed on the right and shifted to the inside lane, Westpfahl followed suit. He came up behind the last rider in the pack, Victor Earl Mastrogiovanni, 45, of 2204 N.E. 25th Terrace, and rear-ended him.
Westpfahl reportedly braked hard and hit the back of Mastrogiovanni’s motorcycle in the 2600 block, causing both motorcycles to go down and ejecting both drivers. Westpfahl, whose BAC was 0.176 at the time of the crash, sustained several life-threatening injuries and was airlifted to the hospital, according to police. He has since been released. Mastrogiovanni sustained minor injuries and was trauma-alerted via ambulance to Lee Memorial. Mastrogiovanni was treated and released, and the police are conducting an ongoing investigation, and charges are pending. For legal help, contact our motorcycle accident attorney in Fort Myers.
What to Do When Another Vehicle is Involved in the Motorcycle Crash?
In cases where another vehicle is involved in the crash, it’s more than likely that the accident was caused by the other vehicle violating the motorcyclist’s right of way. This begs us, as auto accident attorneys, to feel the need to stress how important it is for both motorcyclists and automobile drivers to pay attention and obey the traffic laws. By actively abiding by all safe riding practices, you will not only help keep yourself out of harm’s way, but others as well. To know more about motorcycle accident law, contact our motorcycle accident lawyer in Fort Myers, FL, today.
Road Hazards and Visibility Issues for Motorcyclists in Fort Myers
For motorcyclists specifically, there are quite a few problems that are unique to their particular situation on the road. First and foremost, there is the issue of visual recognition. Motorcyclists are much smaller visual targets, and at times they can be obscured by other cars or objects on the road, the road itself, weather conditions, or other outside factors. Intersections can be especially dangerous since blind spots are likely to occur. In fact, 70 percent of motorcycle vs. vehicle collisions happen at intersections.
Because of the lack of secure protection riders get while on a motorcycle, they are more susceptible to road hazards, much more than they would be if they were safely behind the metal enclosure of a car. Potholes, oil slicks, puddles, debris, ruts, uneven pavement, railroad tracks – all of these things may merely be minor irritations for a car, and are barely even noticeable if you’re driving a larger truck or SUV — but for a motorbike, they can be extremely dangerous.
We’ve touched upon the fact that motorcyclists are normally operating at a pretty high speed, which adds to its risk factor. When driving at these high speeds, the front of the motorcycle can become very unstable and begin to shake or wobble, putting the rider in what could become a very dangerous situation. There are times when this shaking and wobbling is due to actual manufacturer issues, such as misalignment of the front of rear tires. If an accident occurs and this is determined as the cause, the motorcycle manufacturer may be held responsible for any injuries incurred.
If you’ve suffered injuries due to poor road conditions, our Fort Myers motorcycle accident attorney can help you pursue the compensation you deserve. Get a free consultation today by filling out our online form or calling us at 239-337-4357!
Safety Tips For Riding a Motorcycle in Fort Myers?
- Wear a helmet every single time you get on the bike.
- Do not get ahead of yourself and purchase a motorcycle that is way too big and/or out of your comfort zone. Make sure the motorcycle fits you correctly. When you are seated, you should have no trouble being able to rest both feet flat on the ground, not tiptoeing allowed, and the handlebars should be easy for you to reach.
- Invest in safety features such as anti-lock brakes, which have proven to save people’s lives time and time again. Motorcycles equipped with antilock brakes are 27 percent less likely to be involved in a fatal crash than bikes without them. That is one statistic to take very
- Don’t try to teach yourself how to ride. Take a Motorcycle Safety Foundation riding course in your area. These courses range from free to about $350.
- Always wear the proper gear while riding, as this will help to keep you protected from environmental forces such as wind chill, flying bugs, and debris. Wear leather or reinforced jackets, gloves, long pants, and over-the-ankle footwear — even in the summer. Yes, we know the South Florida summers can be hot, but we’d bet you’d rather be a sweaty motorcycle rider rather than an injured one any day of the week.
- Stay alert while riding. Always keep an eye out for cars that may suddenly change lanes or make a turn, avoid people who you notice are texting and driving, or doing anything else that takes their attention away from the road. Also, never tailgate another vehicle. You need to make sure you have plenty of time to react should the car in front of you do something unexpected.
- Don’t ride in bad weather. Rain will affect your visibility, and it also reduces your tires’ grip on the road. If you absolutely have to ride when it’s windy, move to the side of the lane that the wind is coming from so you avoid being pushed by it.
- Watch out for any and all road hazards, including even the most mundane things you might not think matter, such as wet leaves and small pebbles, and anything that may cause your bike to slide unexpectedly.
Why Choose Our Fort Myers Motorcycle Accident Lawyer?
At the Law Offices of Wolf and Pravato, lawyers are very professional with years of experience in law, especially dealing with accident cases. You can first get a legal consultation where the lawyers will get to know more about the accident.
You can tell everything that happened on the day of the accident and the amount spent on medical bills, and the trauma you faced because of the accident. You can also provide information on the number of days you missed work and the salary losses incurred.
After listening to your details, our motorcycle accident attorney in Fort Myers will study the case and explain all the claims and compensation that can be claimed. We will also discuss with insurance companies to get the clients the maximum benefits.
Call Our Motorcycle Accident Lawyer in Fort Myers, FL
We fight for the rights of accident victims. Our lawyer will evaluate your case, gather evidence, determine the responsible party or parties, and pursue them and their insurers for the full and fair compensation you deserve.
We are so confident in our ability to get you paid that we never collect a fee until we win your case. There is no out-of-pocket cost to have us on your side, and we will review your case for free with no obligation so that you know what to expect moving forward.
If you were injured in a motorcycle accident and want to hold the at-fault driver accountable for their actions, call our Fort Myers personal injury lawyer today at 239-337-4357 and get a free consultation. Can’t call right now? No problem, just tell us what happened by filling out our online form.
Frequently Asked Questions:
1. What is a major cause of death in motorbike accidents in Fort Myers?
Head injuries are a major cause of death for motorcyclists. The Insurance Information Institute asserts that helmets saved the lives of nearly 1,900 motorcyclists in 2017 and that nearly 750 other lives would have been saved if those bikers had worn helmets. Traumatic brain injuries, according to the Centers for Disease Control and Prevention (CDC), are a major cause of death in the U.S., and motor vehicle accidents like motorcycle accidents are the second-leading cause of TBI-related hospitalizations.
2. Are motorcycles worth the risk in Fort Myers?
Motorcyclists are, without a doubt, at a higher risk of severe injuries if they get into an accident. That said, there are risks when you get behind the wheel of a car as well. Motorcyclists must decide if their love of biking is worth the risk. Those who do decide that they will accept the risk should do everything possible to avoid accidents, mitigate risks, and drive safely and responsibly.
3. What is the most common motorcycle injury?
Head injuries are the most common injury that motorcyclists suffer in an accident. As the National Highway Traffic Safety Administration points out, the motorcycle does not offer any protection for the rider’s or passenger’s head. When the bike comes to a sudden stop during a collision, the motorcyclist and any passengers are often ejected from the bike and hit any objects in their path.
4. How much is a good settlement for a motorbike accident in Fort Myers?
There is no way to estimate what a good settlement is for a motorcycle accident. The settlement is entirely based on the details of your accident, such as the severity of your injuries, the extent of medical bills, and the financial losses you incurred as a result of the accident. A good settlement is one that covers your financial losses and also compensates you for pain and suffering, which can be determined by a Fort Myers motorcycle accident attorney.
5. Does no-fault cover motorcycle accidents in Fort Myers?
Florida car drivers are required to have personal injury protection that covers the cost of medical bills and lost wages, up to a limit. However, these laws only apply to vehicles with four wheels, not to motorcycles. If the motorcyclist was not at fault for the accident, they may be able to recover damages through a personal injury claim against the negligent party.
