Motorcycle Accident Lawyer in Fort Myers
Motorcycle accidents are dangerous and often deadly due to the fact that motorcyclist 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 attractive idea — one we’re sure many of you have fantasized about — but there is a lot more to motorcycle-riding than we see on the television and movie screens.
If you or a loved one is considering purchasing a motorcycle, it’s a good idea to thoroughly read through this blog full of advice from the law offices of Wolf & Pravato, a personal injury law firm with a team of Fort Myers motorcycle accident attorneys. A Florida motorcycle accident lawyer can help you demonstrate the negligence of the other parties involved in your accident and work to get you the compensation you deserve.
Getting on a motorcycle? Not without this safety gear In Florida
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 make sure 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. For more information contact Fort Myers motorcycle accident lawyer.
How Fort Myers Motorcycle Accident Lawyer Can Protect Your Rights?
Riding motorcycles requires more skill than driving a car, so it is important 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.
Would You Suffer Financial Hardship Because of a Negligent Motorcycle Driver in Fort Myers?
After a motorcycle accident caused by the negligence of another, you may be able to receive damages. You may be able to recover damages for medical bills, lost wages, repairs, and more. The amount of recovery will depend on the nature of the crash, so it is imperative that you work with a motorcycle crash attorney in order to gather the evidence you need.
Fort Myers Motorcycle Accidents Involves 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.
Motorcycle Accident In Fort Myers
A motorcycle accident in Fort Myers can leave you physically, emotionally, and financially wrecked. It can lead to expensive medical bills, lost time at work, and immense pain and suffering. The other driver who caused the accident, not you, should pay for the damages you have incurred. A Fort Myers motorcycle accident lawyer can help you take on the other driver and the insurance company so that you can get paid what you deserve.
Here are some reasons why you need legal representation after a motorcycle accident in Fort Myers:
The Other Driver Will Have a Lawyer
If there is any dispute at all over who was at fault for the accident, you should assume that the other driver has already hired a lawyer to start building their case and to protect themselves. Even if you believe the details of the accident were cut and dry, with a clear at-fault party and victim, the chances are good that the other side is speaking with a lawyer regardless, doing everything possible to minimize their financial liability.
In order for you to go toe to toe with the other driver and their attorney, you need legal representation, a Fort Myers motorcycle accident attorney on your side, as well.
The Insurance Company Has Many Lawyers
Trying to take on an insurance company by yourself is ill-advised. It is something that just should not be attempted. Insurance companies are not just multibillion-dollar organizations, but they also have some of the most skilled, knowledgeable legal staff of any business in the world.
To have a chance at receiving from them the fair compensation you deserve for your injuries and losses, you need a motorcycle accident lawyer who is not intimidated and who will fight the insurance company attorneys.
There Is a Lot of Money at Stake
In Florida, you may be eligible to recover substantial compensation for your motorcycle accident injuries. Our attorneys have seen settlement amounts from the thousands up to the millions. Since Florida has no cap on non-economic damages, our attorneys may pursue what we determine to be a just value for the compensation of your pain and suffering, not an arbitrary value set by the state. But if your lawyer does not put forth a compelling claim, you could end up leaving a lot of cash on the table.
Severe Motorcycle Crash in the 4800 blocks of Cleveland Avenue
Later in February, a severe motorcycle crash in the 4800 blocks of Cleveland Avenue occurred just before midnight and required police to shut down all lanes while traffic homicide investigators responded. While two patrol cars with the Fort Myers Police Department were busy blocking traffic related to another crash they were hit by suspected drunk drivers just minutes apart.
Motorcyclist, Leidier Francesa, 34, of Boyton Beach, was taken to the hospital in critical condition. A preliminary investigation showed Francesa traveled at high speed southbound on Cleveland Avenue south of North Airport Road when he struck the rear of a Subaru traveling south on Cleveland Avenue.
When he got off of his BMW motorcycle, witnesses said a vehicle hit him without stopping. A patrol car blocking the southbound lanes was hit by a car and just minutes later, the patrol car blocking the northbound lanes was hit by a pickup truck. Both drivers were arrested for DUI. If you are involved in a motorcycle accident you need to just contact Fort Myers motorcycle accident lawyer for legal help in your case.
What are the Reasons Motorcycles Accidents are Dangerous in Fort Myers, Florida?
There are many reasons as to why motorcycle accidents are so prevalent. For instance, motorcycles do not provide the same kind of enclosed protection as a car does. These motorcycles are also often performing at high capabilities, meaning riders are going much faster and using much more power than they typically would if they were driving a car. For more help contact a legal professional of Fort Myers motorcycle accident lawyer.
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 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 Fort Myers motorcycle accident attorney at the law offices of Wolf & Pravato.
What are the Few Problems for the Motorcyclists on the Road?
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 motorcycle, 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.
Another Major Concerning Factor About Riding a Motorcycle
Another major concerning factor about riding a motorcycle is the level of skill involved. This is not the same as learning how to drive a car, in any way. There are much more skill and coordination required in order to operate a motorcycle properly, and it may take years of riding before one can consider themselves well -seasoned. Many accidents are caused by a rider’s sheer lack of experience on their motorcycle, whether it be because of their lack of basic riding skills or their failure to appreciate the inherent operating characteristics and limitations of the motorcycle itself.
What are the Safety Tips For Driving Motorcycle in Fort Myers?
It’s crucial that all motorcyclists practice extreme caution when they are out riding. Always follow these safety tips:
- 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 jacket, 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.
Talk to A Fort Myers Motorcycle Accident Attorney For Your Fair Compensation
If you or a loved one has been involved in a motorcycle accident in South Florida, contact our team of Fort Myers motorcycle accident attorneys to help take care of all the technical and legal processes that need to be handled in order to make sure you receive the compensation you deserve. Your main focus should be on recovering from your injuries. Let us handle the rest.
You may be able to collect compensation for things like medical expenses, including your hospital stay, any past, present, and future loss of earnings as a result of the accident, your pain, and suffering, and any additional care or help that you need at home. Our Florida motorcycle accident law firm will always fight to win every case and to maximize every claim, and we want to be able to do this for you.
Contact our South Florida law firm today to schedule a consultation so that our expert team of Fort Myers motorcycle accident lawyers may review your case and help bring you justice.
The Fort Myers Motorcycle Accident Lawyers at Wolf & Pravato:
At the Law Offices of Wolf & Pravato, we fight for the rights of motorcycle accident victims in Fort Myers. Our attorneys 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 have been injured in a Fort Myers or Boynton Beach motorcycle accident, contact the Florida Motorcycle Accident Lawyers at the law offices of Wolf & Pravato at 1-954-633-8270.
Read Our Motorcycle Accident FAQs:
What is a major cause of death in motorcycle 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.
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.
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 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.
How much is a good settlement for a motorcycle 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 motorcycle accident lawyer.
Does no-fault cover motorcycle accidents in Fort Myers, FL?
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.
If you were injured in a motorcycle accident and want to hold the at-fault driver accountable for their actions, contact the Law Offices of Wolf & Pravato today at (954) 633-8270 for a free case evaluation.