Rider’s Rights: Post-Accident Information Every Motorcyclist Should Know
As a motorcycle rider, you share the same rights to the road as any other vehicle. If you are in an accident caused by a negligent driver, you have a right to receive fair compensation for your medical expenses, pain and suffering, lost income, and possibly more, depending upon the circumstances of your case.
A Florida motorcycle accident lawyer can be a great benefit as you recover from your injuries. They can handle investigating the accident, collecting evidence, filing a claim with the liable party, and negotiating for a fair settlement. Most will prepare an accident case to be tried in court in the event a fair settlement cannot be reached with the insurance company. Taking care of your insurance claim and the legal process allows you to recover from your injuries stress-free.
Your First Actions After an Accident Are the Most Important
Immediately after an fort myers motorcycle accident lawyer , you need to check if you are still in harm’s way. If you can, move to a safe location, but leave your bike where it is. Check yourself for injuries, see if anyone else is hurt, and call 911. Also, do not remove any of your protective gear. Keep your helmet on, your glasses, and any protective clothing like a jacket.
While you wait for emergency services, mentally review what you remember. Which direction were you riding? When did you see the other driver? Were there any signs, obstacles, or warnings? Gather what evidence you can while you are still at the scene. Take photographs. Jot some notes down, but limit what you say to the other driver. Exchange basic information and don’t admit fault. If there are witnesses, try to get some contact information from them as well.
When the police arrive, answer their questions but keep your answers to the facts you know. Don’t hypothesize or try to guess what happened. And again, don’t admit fault. You won’t have the whole picture of the accident, and you were just in a traumatic event, so you may not recall everything.
See Your Doctor as Soon As Possible After Your Motorcycle Accident
Equally as important is seeing a doctor as soon as possible. Either in an emergency room or your primary care doctor’s office, you need to have a doctor perform a full physical examination on you. No matter how minor or insignificant you may think your injuries are, tell them of any aches and pains you are feeling. Some severe injuries do not present for days. You could have obscured internal injuries that would only become apparent after testing and scans.
Seeing a doctor not only protects your health but also protects your right to motorcycle injury compensation. A doctor’s medical report can tie your injuries to the fort lauderdale motorcycle accident. The longer you wait to see a doctor, the more likely an insurance adjuster could question the source of your injuries. They could claim your injuries were pre-existing or caused by something else.
These initial steps can protect your rights as a rider and a motorcycle crash victim.
Before You Contact the Insurance Companies, Consider Contacting a Lawyer
Florida is a no-fault insurance state, meaning you would file your personal injury claim with your insurance provider, but as a motorcyclist, you are not required to carry personal injury protection (PIP). Instead of PIP coverage, you must show financial responsibility under Florida Statutes § 324.031 to register your bike. In an accident, you can file a claim with the at-fault driver.
Whether it is your insurance or their insurance, you must be careful with what you say and what you sign. Insurance companies can use what you say against you, and agreeing to any early settlement offer could cost you later.
A personal injury lawyer can protect you from questionable tactics and low-ball settlement offers. They can handle building your claim and communicating with the insurance companies. This service will give you the time you need to heal without worry. They can make sure your claim is supported by evidence, such as:
- Photos from the accident scene, your ride, your injuries, and the other vehicle
- Eyewitness statements
- Police report
- Medical records on your prognosis and treatment
- Expert testimony, such as financial advisors and accident reconstruction specialists
- Helmet and protective gear worn
- Documents on the damage to the motorcycle
- Surveillance or dashcam footage, if available
- Weather and road condition reports
- Receipts for repairs and medical expenses
They can also ensure that the statute of limitations on your case does not expire. Under Florida Statutes § 95.11, a personal injury lawsuit must be filed with the courts within two years of the accident’s date. If your negotiations with the insurance companies fail to come to a fair settlement, you can take your case to court, unless the statute of limitations expires. Insurance companies have been known to delay their decisions in the hopes that you lose the right to sue once the statute of limitations passes.
Call Today to Learn Your Rights as a Rider After an Accident
Call the Law Offices of Wolf & Pravato at (954) 633-8270. We can review your case for free. Our Florida motorcycle accident attorneys can explain your rights as a rider and how to protect them post-accident. We can determine a fair settlement value for your damages and represent your best interests. We offer our services on contingency, so you pay nothing unless we win. Contact us today.
