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Riding a motorcycle on the streets of Fort Lauderdale, Florida, can be a thrilling experience. However, the sense of freedom that comes with riding a bike also involves significant risks. Florida consistently ranks in the top three states for motorcycle accidents, with thousands of motorcyclists injured each year due to the negligence of other drivers.

If you’ve been hurt in a motorcycle accident, you may be entitled to significant compensation for your injuries, lost wages, and related expenses.

As experienced Fort Lauderdale motorcycle accident lawyers, our legal team understands the seriousness of these accidents and ensure your rights are protected and you receive the compensation you deserve.

Imagine riding down Sunrise Blvd after visiting Broward Motorsports, only to be hit at an intersection by a distracted driver looking at their phone.

Or, picture yourself heading to Fort Lauderdale Airport on I-95 when a car swerves unexpectedly into your lane, causing a collision.

Motorcycle accidents are often more severe than car crashes due to the lack of protection for the rider, leading to extensive recovery times. An experienced motorcycle accident attorney in Fort Lauderdale, Florida can guide you through the legal process while you focus on healing.

How Often Do Motorcycle Crashes Occur in Fort Lauderdale, Florida?

Driving on the busy roads of Fort Lauderdale can be challenging, particularly for motorcyclists. The major interstates, including I-75, I-95, and I-595, as well as Highways US 1, US 27, and US 441, see intense traffic flow, increasing the risks for motorcyclists. Accidents on these main roads are unfortunately not uncommon.

In addition to being in the top 3 states for having the most motorcycle accidents, the accident rates for motorcyclists in Florida have doubled in the past 20 years to an average of 550 annually. Specifically, in 2023, Broward County alone reported 761 motorcycle crashes, resulting in 40 tragic fatalities, according to the Florida Highway Safety and Motor Vehicles Crash Dashboard.

The compact size of motorcycles, combined with the absence of protective barriers in traditional vehicles, significantly magnifies the potential for injury.

For immediate legal assistance from an experienced Fort Lauderdale motorcycle accident lawyer contact our law firm today. We offer free case evaluations and are never too busy to speak with you.

How Are These Accidents Involving Motorcycles Happening in Fort Lauderdale?

Motorcycle accidents in Fort Lauderdale,Florida, occur due to various factors, often tied to the actions of other drivers. Here are some of the most common causes:

Distracted Driving: Drivers frequently collide with motorcyclists because they are distracted by activities like texting, using GPS, or adjusting the radio. These distractions take their focus off the road, and since motorcycles are smaller, they can go unnoticed, especially in blind spots.
Driving With Excessive Speed: Exceeding the speed limit is a significant factor in motorcycle accidents. Speeding drivers have less reaction time to avoid collisions, especially with motorcyclists, who are more vulnerable due to the lack of protection in high-speed impacts.
Unsafe Lane Changes: Many accidents happen when drivers change lanes without signaling or checking their mirrors. Motorcycles are smaller and can easily be missed in a driver’s blind spot, leading to dangerous collisions.
Impaired and Drunk Driving: Alcohol and drug use impair drivers’ reaction times and judgment, making it more likely for them to cause accidents. Motorcyclists are especially at risk when impaired drivers are on the road.
Aggressive Driving: Tailgating, sudden braking, and weaving between lanes are all aggressive behaviors that significantly increase the risk of accidents. Motorcyclists have less time and space to react to such erratic driving, putting them in harm’s way.
Improper Left Turns: Cars making left turns at intersections often misjudge the speed of oncoming motorcycles, leading to side-impact or T-bone collisions. These accidents can be particularly hazardous for motorcyclists due to their exposure.
Road Hazards: Potholes, debris, and uneven pavement are all significant risks for motorcyclists, who are more vulnerable to losing control when faced with even minor road defects.
Sleep Deprivation: Fatigued drivers have slower reaction times and impaired decision-making, much like those under the influence of alcohol. Tired drivers are likelier to miss a motorcycle or react too slowly to avoid a collision.
Lack of Experience: Inexperienced drivers are more prone to making mistakes on the road, such as not checking mirrors, failing to yield, or misjudging speed and distance. Their inexperience makes it harder to anticipate or react to motorcycles in traffic.
Failure to Yield: Another common cause of accidents is drivers failing to yield to motorcyclists at intersections or when merging. Motorcycles are smaller and often overlooked, making it easier for drivers to misjudge their position on the road.
Blind Spots: Motorcycles are often harder to see, especially in the blind spots of larger vehicles. This lack of visibility can lead to side-impact collisions when drivers attempt to change lanes without checking their surroundings.

Road Conditions and Motorcycle Defects

Motorcyclists in Fort Lauderdale are also at risk due to poor road conditions and mechanical issues, which can contribute to accidents. These factors include:

Poor Road Conditions: Motorcycles are more vulnerable to potholes, loose gravel, and uneven pavement. Even minor defects in the road can cause a rider to lose control, especially at high speeds.
Defective Motorcycle Parts: Mechanical issues, such as faulty brakes or worn-out tires, can lead to loss of control. If a critical part of the motorcycle fails while on the road, it can result in a severe crash.

These various causes highlight the importance of safe driving and proper motorcycle maintenance to reduce the risk of accidents.

To learn more about the common causes of motorcycle accidents, reach out to the experienced Fort Lauderdale motorcycle accident attorneys at our firm today. We offer free consultations.

Who Can Be Held Liable For Damages in a Motorcycle Accident Claim in Fort Lauderdale?

In a motorcycle accident claim, various parties may be held responsible for damages depending on the situation. Some of the most common liable parties include:

The driver of another vehicle: If the driver acted negligently, speeding, running a red light, or driving while distracted, they may be liable for the accident.
Motorcycle manufacturers: If the accident was caused by faulty or defective motorcycle parts (such as brakes or tires), the manufacturer could be held responsible under product liability laws.
Government entities: Poor road maintenance, improper signage, or hazardous road conditions (like potholes) may make a government agency responsible for the accident.
Vehicle owners: Even if they weren’t driving, owners of a vehicle involved in the crash may be liable if they allowed an unlicensed or unsafe driver to operate the vehicle.
Other motorcyclists: In some cases, another motorcyclist’s reckless or negligent driving could contribute to the accident, making them partially responsible.
The injured motorcyclist: If the motorcyclist engaged in risky behavior like speeding or weaving through traffic, they might share responsibility for the crash.

For more information on who can be held liable in a motorcycle crash, contact our skilled and experienced Fort Lauderdale motorcycle accident attorneys today.

How is Liability Determined in a Fort Lauderdale Motorcycle Accident?

A careful analysis of the facts determines liability in a motorcycle accident. Police reports, witness accounts, and video footage establish who acted negligently. For example, if a driver failed to signal or was using their phone at the time of the accident, these actions could be used to prove fault.

Comparative Fault and Florida’s No-Fault Laws

The legal landscape can be intricate if you’re involved in a motorcycle accident in Florida. The state operates under “comparative fault” and “no-fault” laws. Recent legislative changes, especially concerning comparative fault, have made the cases more complex. The passing of HB 837 introduced critical differences in how the court approaches comparative negligence in the state.

Since 1973, Florida has operated under the “pure comparative negligence” principle. But there’s been a significant shift. As of March 24, 2023, Florida changed its negligence laws, transitioning to what’s known as a “modified comparative negligence” standard.

In simple terms, previously, in Florida, if the court finds you to be partially at fault for an accident (say 55%), they could still claim damages from the other party. So, if they suffered $100 in damages, they could claim $45, reflecting the 45% fault of the other party.

However, with the current comparative negligence law, outlined in Florida Statutes § 768.81, if the court finds someone more than 50% at fault for their injuries or damages, they can’t claim compensation.

Additionally, the statute of limitations for filing personal injury cases in Florida has been reduced from four years to two, making timely action even more critical.

Key Evidence to Prove Liability

To strengthen your claim, gathering evidence is essential:

Photographs: Pictures of the accident scene, vehicle damage, and road conditions can help provide an accurate depiction of the incident.
Police Reports: These official reports detail the circumstances of the crash, including violations and witness accounts, helping support your claim.
Witness Testimonies: Eyewitness statements can corroborate your version of events and help reduce your fault percentage.
Medical Records: Documentation of your injuries connects them to the accident and supports your claim for damages.

For motorcyclists in an accident who are now trying to understand the laws, it’s vital to seek the counsel of a knowledgeable Fort Lauderdale personal injury lawyer to understand your rights and the best course of action post-accident.

Insurance Laws for Motorcycle Riders in Fort Lauderdale, Florida

Motorcycle insurance laws in Florida differ significantly from those for car drivers, and motorcyclists must understand their specific requirements. Unlike car drivers, motorcyclists are not legally required to carry Personal Injury Protection (PIP) insurance.

However, this doesn’t mean riders are free from insurance obligations. Motorcyclists must carry liability insurance that covers bodily injury and property damage in the event of an accident. Florida Statutes require motorcyclists to have at least $10,000 in bodily injury coverage per person, $20,000 per accident, and $10,000 in property damage coverage.

Additionally, if a motorcyclist is involved in an accident and is found liable for damages but does not have sufficient insurance coverage, they could face severe financial consequences. The rider’s license may be suspended without proper insurance until damages are paid. Therefore, motorcyclists in Fort Lauderdale must secure appropriate coverage to protect themselves legally and financially.

No PIP and Its Impact on Motorcycle Claims

Florida’s insurance laws also exclude motorcycles from the protections offered by Personal Injury Protection (PIP) coverage. For automobile drivers, PIP covers 80% of medical expenses and 60% of lost wages, but motorcyclists are not entitled to these benefits. This means that after a motorcycle accident, the rider must rely entirely on their health insurance or the at-fault driver’s liability insurance to cover medical bills.

Florida Statutes 627.736, which governs PIP coverage, does not apply to motorcyclists, leaving them more vulnerable to financial strain after an accident. As a result, many motorcyclists carry additional insurance, such as uninsured/underinsured motorist coverage, to protect themselves in cases where the other driver is at fault but lacks sufficient coverage.

Finally, Florida Statutes 627.737 lays out the threshold for filing a lawsuit after a motorcycle accident. Motorcyclists must meet specific criteria, such as suffering a permanent injury, to pursue compensation for pain and suffering.

What Are Florida's Motorcycle Helmet Laws?

Florida has specific laws regulating helmets for motorcyclists to ensure rider safety. According to Fla. Stat. 316.211, motorcyclists under the age of 21 are required to wear a helmet at all times when riding.

This law is strictly enforced to protect younger riders statistically more likely to be involved in accidents. Riders over 21 are exempt from the helmet requirement, but only if they carry a minimum of $10,000 in medical insurance coverage.

While helmets are not mandatory for adult riders with insurance, wearing one is still highly recommended. Helmets are proven to reduce the severity of head injuries in the event of an accident, which can be especially important given the frequency of motorcycle crashes in Florida.

Choosing not to wear a helmet may give you a sense of freedom, but it significantly increases the risk of severe or fatal injuries if a crash occurs.

Exceptions and Other Requirements

In addition to helmet requirements, Florida law also mandates using protective eyewear for all motorcyclists, regardless of age or insurance coverage.

This regulation is in place to prevent eye injuries caused by debris, insects, or wind while riding. It’s important to note that the helmet law applies not only to motorcyclists but also to passengers. Whether you’re driving or riding as a passenger, the same rules apply under Fla. Stat. 316.211.

While the law allows specific riders to opt out of wearing helmets, the consequences of going without one can be severe. In a crash, medical expenses can quickly exceed the $10,000 minimum coverage, leaving riders vulnerable to financial strain. Adhering to Florida’s motorcycle helmet laws is not just about following the rules—it’s about protecting your life and well-being on the road.

To learn more about Florida’s motorcycle laws and to speak with an experienced Fort Lauderdale motorcycle accident lawyer, contact Schilling & Silvers Personal Injury & Car Accident Lawyers today.

Is Motorcycle Lane-Splitting Legal in Florida?

Lane-splitting occurs when a motorcyclist rides between lanes of slow-moving or stopped traffic. A related practice, lane-filtering, involves weaving between vehicles at low speeds, typically at intersections. While some states allow these practices, lane-splitting is illegal in Florida. Motorcyclists must remain in their designated lane, just like any other vehicle on the road.

Why is Lane-Splitting Illegal?

The primary reason lane-splitting is prohibited in Florida is safety. Navigating between cars, especially at high speeds, increases the risk of accidents. Drivers may not expect a motorcyclist to approach from between lanes, leading to sudden and dangerous movements that can result in collisions.

FL Statute 316.209 (3) explicitly states that motorcycles are required to follow the same traffic rules as other vehicles, which includes staying within one lane unless safely changing lanes.

Consequences of Lane-Splitting in Florida

If a motorcyclist is caught lane-splitting in Florida, they can face fines and citations. Additionally, if an accident occurs while the rider is lane-splitting, they may be held responsible, reducing or eliminating their chances of recovering compensation for damages or injuries.

Even though lane-splitting may seem like a way to avoid traffic, it is considered reckless behavior in the state, which could harm the motorcyclist’s legal standing in an accident case.

While some advocates argue that lane-splitting can ease congestion and reduce the risk of rear-end collisions for motorcyclists, Florida law continues to prioritize the safety of all road users by prohibiting the practice. Motorcyclists should always follow state laws and ride responsibly to protect themselves and others.

How Does Compensation Work in Fort Lauderdale Motorcycle Accident Claims?

Florida’s insurance and no-fault laws can significantly impact the outcome of a motorcycle accident claim. While Florida follows a no-fault insurance system for most vehicles, under Florida Statute 627.7407, motorcyclists are exempt from the state’s no-fault laws, making liability a central factor in determining compensation.

This means motorcyclists cannot rely on personal injury protection (PIP) insurance for coverage after an accident. Instead, they must pursue compensation directly from the at-fault party, which often involves filing a claim with the other driver’s insurance.

Factors That Affect Compensation

Several key factors influence the amount of compensation a motorcyclist can receive after an accident in Fort Lauderdale. The primary factors include economic and non-economic damages:

Economic Damages:

Medical expenses: Injuries from motorcycle accidents can be catastrophic. This helps ensure medical costs are covered, such as the cost of immediate medical treatment, surgery, hospitalization, and long-term care.
Future medical expenses: Compensation for ongoing rehabilitation, therapy, or future surgeries related to the injuries.
Lost wages: Payment for the time the injured motorcyclist cannot work due to recovery.
Loss of future earning capacity: If injuries prevent the person from returning to work or pursuing the same career path.
Bike Repairs: Whether it’s minor damage or a total wreck, you can claim compensation to get your bike back in shape or get a new one.

Non-Economic Damages:

Pain and suffering: Accidents can leave emotional scars, and this compensation aims to help make up for the mental anguish and trauma experienced.
Emotional distress: Damages for psychological trauma, anxiety, or depression caused by the accident.
Loss of enjoyment of life: If the accident limits the individual’s ability to engage in activities they once enjoyed.
Disfigurement or disability: Compensation for long-term physical limitations or visible scars.

Punitive Damages

In cases of extreme negligence or intentional harm, punitive damages act as a deterrent to such behavior. So, the judge awards it to punish the person who caused the accident, and it may be very high.

Wrongful Death

If the accident results in the death of a motorcyclist, the family can claim compensation for funeral expenses, loss of consortium, and other related damages.

To learn more about damages in Florida personal injury claims and the value of your motorcycle accident claim, contact our legal team today for a free consultation.

The Motorcycle Accident Claims Process

It can be hard to figure out what to do after a motorcycle accident, especially when dealing with insurance companies. Understanding the details of the process of a motorcycle accident injury claim is vital if you want to get the money you deserve, and you should consider the following:

Dealing with Insurance Companies After an Accident

Even though motorcycle accidents are bad, dealing with insurance companies makes things even more difficult. Here are some things you may encounter:

Delayed Responses — It’s not uncommon for insurance companies to delay responses intentionally. This tactic can lead to lapses in your treatment, which they later use against you during settlement negotiations, and they might argue that irregular treatment suggests your injuries weren’t severe.
Liability Disputes — Insurance companies can be quick to challenge liability, especially in situations where the fault isn’t clear-cut. They might claim you were responsible, reducing or denying your claim entirely.
Quick Settlements — Insurance companies focus on their bottom line. Following a motorcycle accident, they may rush you into accepting a quick settlement, and this premature agreement can limit your chances of getting a comprehensive settlement that truly covers your damages.

We strongly recommend that you request the advice of an experienced motorcycle accident lawyer in Fort Lauderdale, Florida, to avoid these pitfalls. Your interactions with the insurance company get supervised, and your best interests are protected. Professional law firms like ours ensure that insurance companies treat your claim seriously.

Steps in a Motorcycle Accident Claim

Once you’ve initiated a claim, there’s a general process that most claims follow:

Seek Medical Treatment — Prioritize your health after an accident, and visit a healthcare provider immediately to diagnose and treat any injuries.
Hire an Attorney — Retaining an attorney early can help you avoid common pitfalls and ensure you’re well-represented throughout the process.
Investigation — Your attorney will gather evidence related to your accident, including police reports, witness statements, and any other relevant documentation.
Claim Submission — Once your lawyer compiles the evidence, they will submit a claim detailing your injuries and damages.
Negotiation — Your attorney and the insurance company will engage in talks to reach a settlement that fairly compensates you.
Litigation — Your case might proceed to trial if they can’t reach a fair settlement for your injuries. Both sides will present their case, and a judge or jury will decide the outcome.

Throughout the process, having a knowledgeable legal representative can guide you, ensuring they uphold your rights and you receive the compensation you’re entitled to.

How Will Your Legal Team Help With My Motorcycle Accident Case?

Working with a skilled law firm can make a significant difference in the outcome of your motorcycle accident case. First, your attorneys will thoroughly investigate the accident to gather crucial evidence.

This includes reviewing police reports, interviewing witnesses, and collecting available video footage to build a strong foundation for your claim. Uncovering every detail ensures that all liable parties are identified and held accountable.

Additionally, your legal team will handle all communications with insurance companies. Insurers often try to minimize payouts, but your attorneys will negotiate to secure the maximum compensation you deserve.

This relieves you from the stress of dealing with adjusters and allows you to focus on your recovery. If a fair settlement can’t be reached, your legal team will take your case to court, fighting aggressively to protect your rights.

Other Ways a Lawyer Can Help

Aside from gathering evidence and negotiating with insurers, a skilled Fort Lauderdale motorcycle accident attorney provides various other essential services. One critical task is ensuring that all paperwork and legal documents are filed correctly and on time, avoiding delays that could harm your case.

Your lawyer will also calculate the total value of your claim, considering not only medical bills and property damage but also lost wages, future treatment costs, and pain and suffering.

If you are partially at fault for the accident, your lawyer will work to minimize your percentage of liability under Florida’s comparative negligence laws, ensuring you still receive compensation.

Furthermore, a skilled legal team will offer guidance throughout the legal process, answering your questions, explaining your options, and helping you make informed decisions at every step.

What Happens if The Motorcycle Accident is Fatal?

When a motorcycle accident results in a fatality, the legal process shifts to addressing the wrongful death of the victim. In Florida, surviving family members may file a wrongful death claim under the Florida Wrongful Death Act.

This claim allows them to seek compensation for the emotional and financial losses they suffer as a result of their loved one’s death. Typically, the victim’s spouse, children, or parents are eligible to file, but other dependents may also qualify in some cases.

A wrongful death claim aims to compensate the family for various types of damages. These include immediate expenses such as funeral and burial costs and medical bills related to the victim’s treatment before their passing. If the deceased was a primary source of income for the family, compensation can also cover the loss of future earnings, ensuring that dependents are financially supported.

Additionally, Florida law recognizes the emotional toll a fatal accident has on surviving family members, allowing them to seek damages for loss of companionship, guidance, and emotional pain and suffering.

In fatal motorcycle accidents, the responsible party’s negligence must be proven to succeed in a wrongful death claim. This could involve showing that the accident was caused by reckless driving, distracted driving, or even a defect in the motorcycle. The evidence presented in these cases plays a crucial role in determining liability and the compensation the family can recover.

Ultimately, a fatal motorcycle accident not only brings emotional devastation but also a complex legal situation that the family must navigate. A successful wrongful death claim helps alleviate some of the financial burdens while offering a sense of justice for the tragic loss of a loved one.

When Should I File My Fort Lauderdale Motorcycle Accident Claim?

Filing your Fort Lauderdale motorcycle accident claim promptly is crucial due to Florida’s strict statute of limitations. Under recent changes to the law, Florida requires personal injury claims to be filed within two years from the accident date.

This is a reduction from the previous four-year time frame, making it even more important to act quickly. Failing to file your claim within this period can result in losing your right to pursue compensation for your injuries.

In addition to the legal deadline, there are practical reasons to file your claim as soon as possible. Evidence, such as witness statements, traffic camera footage, and police reports, can become more challenging to gather as time passes. Memories fade, and crucial documentation might become unavailable, weakening your case.

Given these factors, acting without delay is essential after your motorcycle accident. The sooner you begin the process, the stronger your claim will be, giving you a better chance to recover damages for your injuries, lost wages, and other losses.

Fort Lauderdale, Florida

Fort Lauderdale, Florida, is known for its scenic roadways and sunny weather, making it a popular destination for motorcyclists. However, with such popularity comes the need for increased safety measures to protect riders.

The state of Florida has been working hard to improve motorcycle safety through various initiatives, including improving infrastructure and engineering. This includes updating road designs, ensuring better pavement quality, and maintaining highways to minimize hazards.

Additionally, enhancing barrier designs on highways is a priority, as these barriers can help prevent severe injuries in the event of an accident.

The city is also a hub for motorcycle enthusiasts, with various resources catering to riders. Stu’s Motorcycles, for instance, is a go-to spot for those looking to buy top-of-the-line bikes, parts, or apparel. Whether you’re a novice or an experienced rider, Stu’s provides a comprehensive range of motorcycles and accessories.

Broward Motorsports, another pivotal spot for riders, offers many new and used bikes. With the help of their knowledgeable staff, motorcyclists find the perfect ride suited to their preferences and experience level.

For riders facing mechanical issues, Moto Corse is a reliable repair shop specializing in high-end motorcycle brands, ensuring every bike gets the attention and expertise it deserves. Baker Act Customs creates unique motorcycle masterpieces for those interested in custom designs, turning every biker’s dream into a tangible, roaring reality.

Skilled Motorcycle Lawyers in Fort Lauderdale, Florida

Our skilled legal team take pride in our long-standing commitment to serving the community. With a wealth of experience spanning decades, our firm has established itself as one of the region’s foremost advocates for motorcycle accident victims. We understand motorcycle accident cases’ unique challenges and nuances so that every client receives tailored and effective legal counsel.

Our track record speaks for itself; we’ve successfully navigated countless claims, ensuring our clients receive the justice and compensation they deserve.

In addition to Fort Lauderdale, our law firm also serves Hialeah, Pompano Beach, Miami, Weston, Plantation, Sunrise, Davie, Fort Myers, and more.

Motorcycle Safety Resources

There are various local resources are also available to help motorcyclists in Fort Lauderdale stay safe. For instance, Broward Motorsports offers rider training programs that focus on safety and handling techniques. These courses are valuable resources for new and experienced riders, providing them the skills to navigate the roads confidently and safely.

Furthermore, the Florida Rider Training Program is a state-endorsed initiative that requires all new motorcyclists to complete a certified training course before earning their license. This program emphasizes defensive driving, hazard awareness, and proper riding techniques.

By taking advantage of these safety initiatives and training opportunities, motorcyclists in Fort Lauderdale can reduce their risk of accidents and injuries.

Fort Lauderdale Motorcycle Accident Attorney