Port St. Lucie Motorcycle Accident Lawyer
Motorcycle injuries are sadly a common occurrence in Port St. Lucie. A person injured in a motorcycle crash might find that there’s often a bias against motorcyclists – a misconception that bikers are always irresponsible in traffic. This makes it tough for them to claim financial recovery for their medical bills, missed earnings, and other damages.
If you or a family member has been injured in a motorcycle crash in Port St. Lucie, you should get an experienced and skilled motorcycle injury lawyer. Call Philip DeBerard, Injury Attorney. Selected as the Treasure Coast’s Best Personal Injury Attorney by TCPalm, Mr. DeBerard and his law firm have achieved huge settlements and verdicts for Floridian riders. Consult with DeBerard for free simply call 1-800-299-8878 to schedule your consultation.
St. Lucie County Motorcycle Accident Statistics
In 2021 alone, St. Lucie County had 118 motorcycle crashes, reports the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). On average, that’s one accident every three days. These accidents unfortunately caused 99 injuries and 8 fatalities.
In 2022, the statistics seem similar. From January 1 to September 29, 2022, the FLHSMV has already seen 88 motorcycling accidents in St. Lucie County, resulting in 70 injuries and 2 deaths.
South Florida’s beautiful weather and scenic roads energize motorcyclists to come out and enjoy the outdoors on their bikes. Unfortunately, this also means a greater accident risk. FLHSMV figures show that St. Lucie County motorcycle accidents expectedly surge in the months of March, April, and May, as well as in December.
Florida overall has the ideal climate for open-air travels and as a result, it has more motorcycle crashes than most. One study revealed that in 2020, the Sunshine State was the fourth US state with the most motorcycle deaths, with 600 people killed that year. The researchers noted that, southern states with pleasant weather were inclined to have higher motorcycle crash statistics.
On top of this, Florida has relatively relaxed helmet laws. Motorcycle drivers older than 21 are not mandated to wear head safety gear if they carry personal injury protection (PIP) insurance. While insurance may reimburse some expenses after an accident happens, it mightn’t prevent injuries. And because motorcycle riders don’t have the shield of airbags and metal frames, they often get serious or life-threatening injuries.
Establishing Fault in a Motorcycle Accident – Port St. Lucie, FL
In an accident, Florida law requires you to pursue compensation from your own PIP policy first. If your injuries are serious enough, you may be eligible to make an insurance claim against the at-fault party’s insurance. Many of those injured in motorcycle crashes have to get compensation from the liable party to pay for their substantial damages.
In a third-party insurance claim, you have to prove that the person you’re filing against is the one who caused your injuries. We do this by establishing that they were negligent leading up to the crash. “Negligence” in legal terms means the person had an obligation to exercise reasonable care but failed to do so. Here are some instances of negligence that often lead motorcycle accidents:
- Inattentive driving
- Improper turns
- Not giving the right of way
- Driving while intoxicated (even some prescription drugs may be involved if they include warnings about driving while medicated)
- Reckless driving (running red lights, cutting off vehicles, etc.).
In our three decades of practice at the DeBerard injury firm, we’ve seen how motorcyclists are often blamed for their own injuries. While we can’t deny that some motorists show unsafe behavior such as lane-splitting and illegal passing, this shouldn’t be being automatically assumed of all riders involved in a crash.
This point is especially vital in Florida because the state’s accident law believes in the comparative fault principle. Under this legal concept, all parties that were negligent in the crash shall’ve been held partially at fault. Even the injured party could be being considered partly at fault for their own injuries, and their compensation may be lessened depending on their share of responsibility. 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 adjusters and defense lawyers may use this rule every opportunity they get, placing some blame on the claimant in order to minimize the amount they ultimately pay. This is one reason why it’s incredibly tough for motorcycle accident victims to get their fair compensation. Talk to Philip DeBerard soon after your crash to protect your claim and pursue the amount you truly deserve.
Raising Your Chances of a Successful Motorcycle Injury Claim
Individuals who got hurt in a motorcycle crash have a hard fight just to get their much-needed compensation. Often, they encounter insurance adjusters who are experienced in undermining injuries, adding delays in the claims process, or finding reasons to reject a settlement. Many injured claimants obtain much less than what their case is worth; some don’t receive any settlement at all.
To bolster your motorcycle crash claim in or around St. Lucie County, remember these tips:
- Get medical attention quickly. Though PIP insurance normally gives you two weeks to get medical treatment, it’s best to consult a doctor within 24 hours following your accident. Putting off your medical care can be misconstrued to mean your pains aren’t serious enough. Even if you feel okay at first, note that adrenaline from the crash might be masking the injury that your body has gotten.
- Record early on. While you’re at the accident site, take photos of the situation, including your property damage and any noticeable injuries. Having a helmet camera would be particularly helpful as it could show footage of the accident. Additionally, collect all relevant documents that show your losses, like medical bills, pharmacy receipts, travel stubs, workplace time logs, and the like.
- Get the help of a trusted attorney. Even if you’re still considering a personal injury claim, a lawyer can be indispensable in a motorcycle injury case. Choose someone who has demonstrated their competence in motorcycle crash cases, as these require specialized experience. You should at least consult a trusted attorney soon after your crash to provide sound legal counsel and help you avoid damaging mistakes in your claim.
Reach Out to Philip DeBerard, Injury Attorney in St. Lucie County Today
Philip DeBerard, Injury Attorney has a successful track record in handling motorcycle crash cases in St. Lucie County. Our office has obtained millions of dollars in compensation in behalf of our clients, such as a $1 million recovery in a recent motorcycle injury case. Your first consultation is free, and we would not charge you any lawyer fees until we’ve won compensation for you. Call us today at 1-800-299-8878.
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