Palm Beach Gardens Motorcycle Accident Lawyer
Motorcycle accidents are unfortunately common in Palm Beach Gardens. A person injured in a motorcycle crash may find that there’s often a bias against riders – an assumption that bikers are always reckless on the road. This makes it more difficult for them to claim financial repayment for their medical costs, missed income, and other losses.
If you or a family member has been injured in a Palm Beach Gardens motorcycling accident, you should be getting a trusted motorcycle injury lawyer. Call Philip DeBerard, Injury Attorney. Named the Best Treasure Coast personal injury attorney according to TCPalm, Mr. DeBerard and his firm have won huge settlements and verdicts in service of bikers. Your consultation with us is free. Call 1-800-299-8878 to schedule a free consultation.
Just How Common are Motorcycle Crashes?
In 2021, in nearby St. Lucie County was the location of 118 motorcycle accidents, reveals data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). That means one motorcycle crash occurred every three days in the county. These accidents unfortunately caused 99 injuries and 8 deaths.
In 2022, we’re getting a similar trend. Just between January and September, the FLHSMV has already logged 88 motorcycling crashes in St. Lucie County, with 70 injuries and 2 deaths.
The warm weather and scenic roads in South Florida inspire motorcyclists to savor the outdoors while traveling on their bikes. Unfortunately, this also means a greater accident risk. FLHSMV numbers show that St. Lucie County motorcycle accidents typically rise in the spring (March-May), and also in December.
Florida overall has the ideal climate for motorcycle-riding and thus sees more motorcycle incidents than other regions in the country. According to one study, in 2020, the Sunshine State was the fourth US state with the most motorcycle deaths, with 600 deaths that year. According to the researchers, southern states with warmer weather were inclined to have bigger motorcycle crash numbers.
Additionally, Florida is relatively tolerant when it comes to helmet laws. Riders over 21 years old are not obligated to wear head safety gear if they have personal injury protection (PIP) insurance. But even as insurance may compensate after a motorcycle crash happens, it might not prevent injuries. And because motorcyclists do not have the protection of airbags and car frames, their injuries are very often serious or life-threatening.
Proving Fault in a Palm Beach Gardens Motorcycle Crash
When you are injured in a crash, Florida law requires you to seek compensation from your own Personal Injury Protection (PIP) insurer first. If you have serious injuries, only then will you be eligible to make a third-party claim against the at-fault driver’s policy. Many of those injured in motorcycle crashes have to get compensation from the liable party to pay for their substantial damages.
In a liability insurance claim, you need to prove that the person you’re claiming against is the reason for your damages. We do this by showing that they were negligent leading up to the crash. In legal terms, “negligence” means they had a responsibility to exercise reasonable care but did not. Below are some forms of negligence that often lead motorcycle accidents:
- Excessive speed
- Distracted driving
- Failing to keep distance
- Improper turns
- Failing to yield the right of way
- Driving while intoxicated (even several prescription drugs may be involved if they warn against driving on medication
- Reckless driving (failing to signal, disobeying stop signs,, etc.).
In our 40 years of experience at the DeBerard law firm, we’ve seen how motorcyclists are often blamed for their own injuries. While we acknowledge that some motorists engage in unsafe practices such as lane-splitting and illegal passing, this must not be being the automatic assumption for all riders involved in a crash.
This point is especially critical in Florida because our state believes in the comparative fault principle. Under this legal concept, all parties that were negligent in the crash shall have been considered partially to blame. Even the injured driver might be considered partly at fault for their own crash, and their compensation could be limited according to their share of negligence. For example, if they were found to be at fault by 10 percent, it, would mean that 10 percent would be taken out of their compensation.
Insurance companies and defense lawyers can assert this rule every opportunity they get, putting some blame on the victim in order to minimize the settlement they ultimately pay. This is one reason why it’s incredibly challenging for motorcycle accident victims to get their just compensation. Reach out to Philip DeBerard as soon as you can to protect your claim and fight for the amount you rightfully deserve.
Improving Your Chances of a Winning Your Motorcycle Injury Claim
Claimants who suffered injuries from a motorcycle crash face a tough battle just to win their much-needed settlement. Often, they are faced with insurance adjusters who are seasoned in diminishing injuries, adding delays in the claims process, or finding reasons to deny a settlement. Plenty of injured claimants settle for much less than their claim is worth; some don’t get any compensation at all.
To bolster your motorcycle crash claim in or around St. Lucie County, note these tips:
- Get medical attention right away. Though PIP insurance technically gives you a 14-day period to seek medical treatment, it’s wise to consult a medical provider within 24 hours of your accident. Delaying your medical care can be interpreted to mean your pains aren’t serious enough. Even if you feel well at first, know that adrenaline from the crash might be masking the hurt that your body has suffered.
- Record early on. While you’re at the accident site, take photos of the situation, including damage to your vehicle and any noticeable injuries. Having a helmet camera would be particularly helpful if were wearing a camera on your helmet, as it could show footage of how the accident occurred. Besides this, collect all relevant documents showing your losses, such as medical bills, pharmacy receipts, travel stubs, workplace time logs, and the like.
- Enlist a reliable attorney. Even if you’re only considering a personal injury claim, a lawyer will be crucial in a motorcycle accident case. Choose someone who has proven their effectiveness in motorcycle injury cases, as these require specific experience. You can at least consult a trustworthy attorney as soon as you can to offer you sound legal guidance and help you avoid harmful mistakes in your claim.
Contact Philip DeBerard, Injury Attorney of Palm Beach County
With a winning track record, Philip DeBerard, Injury Attorney is trusted for motorcycle crash cases in Palm Beach County. Our office has won millions of dollars in compensation for our clients, like our recent $1 million recovery in a recent motorcycle crash case. We’ll provide your first consultation for free, and we won’t charge you any legal fees until we’ve achieved a recovery for you. Phone us today at 1-800-299-8878.
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