Vero Beach Motorcycle Accident Lawyer
Motorcycle accidents unfortunately happen too frequently in Vero Beach. We even have certain streets, like Vero Beach Boulevard, that are known for such incidents. What makes a motorcycle crash particularly challenging is that there’s often a bias against riders – a presumption that bikers always behave irresponsibly on the road. This makes it hard for them to obtain financial repayment for their medical expenses, missed income, and other losses.
If you or a family member has been injured in a Vero Beach motorcycling accident, you must get the help of a trusted motorcycle accident lawyer. Talk to Philip DeBerard, Injury Attorney. Named the most trusted Treasure Coast personal injury attorney, Mr. DeBerard and his law firm have achieved maximum settlements and verdicts for many Floridian riders. Your consultation with us is free so simply call 800-299-8878 today.
Motorcycle Crash Statistics
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 sadly caused 99 injuries and 8 fatalities.
This trend seems to continue in 2022. From January 1 to September 29, 2022, the FLHSMV has already seen 88 motorcycling accidents in St. Lucie County, with 70 injuries and 2 deaths.
The county’s scenic roads and pleasant weather inspire motorcyclists to savor the outdoors while traveling on their bikes. Unfortunately, that comes with increased risk of accidents. FLHSMV figures show that St. Lucie County motorcycle accidents expectedly rise in the months of March, April, and May, and also in December.
Florida as a whole has the ideal climate for outdoor rides and as a result, it has more motorcycle incidents than most. According to one study, in 2020, the Sunshine State was the fourth US state with the most motorcycle fatalities, with the death toll reaching 600 that year. According to the researchers, southern states with pleasant weather were more prone to have higher motorcycle crash numbers.
Additionally, Florida is relatively tolerant when it comes to helmet laws. Motorcyclists past 21 years of age are not obligated to wear protective headgear if they are covered by personal injury protection (PIP) insurance. Though insurance may provide relief after an accident happens, it can not protect motorists from injuries. And because motorcyclists do not have the protection of airbags and metal frames, they are more likely to sustain serious or life-threatening injuries.
Proving Fault in a Motorcycle Accident in Vero Beach, FL
In a motorcycle crash, Florida law mandates that you claim 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 driver’s policy. Many of those injured in motorcycle crashes have to claim compensation from the liable party to reimburse their considerable injuries and losses.
In a third-party insurance claim, you have to prove that the person you’re filing against is the reason for your damages. We do this by establishing that they were negligent during the crash. In legal terms, “negligence” means they had a responsibility to act with reasonable care but failed to do so. Here are some examples of negligence that result in motorcycle accidents:
- Distracted driving
- Failing to keep distance
- Improper turns
- Not yielding the right of way
- Driving while intoxicated (even several prescription drugs may be involved if they caution against driving while medicated)
- Aggressive driving (cutting off vehicles, sudden braking, etc.).
In our over 35 years of service at the DeBerard law firm, we’ve seen how bike riders are often blamed for their own accidents. While we can’t deny that some riders display risky behavior such as improper overtaking and lane splitting, this shouldn’t be being a presumption about all injured riders.
This point is especially vital in Florida because state law adheres to the comparative fault principle. This principle dictates that all persons who were negligent in the accident will be held partially at fault. Even the injured person may be held partly at fault for their own injuries, and their compensation may be reduced depending on their share of fault. For example, a 10 percent fault, would mean a 10 percent reduction from their compensation.
Insurance adjusters and defense lawyers can use this rule whenever they can, pinning some blame on the victim so they can minimize the settlement they ultimately pay. This is one of the reasons why it’s incredibly difficult for motorcycle injury victims to get their rightful compensation. Talk to Philip DeBerard soon after your crash to secure your claim and fight for the amount you rightfully deserve.
Increasing Your Chances of a Winning Motorcycle Crash Claim
Individuals who got hurt in a motorcycle crash face a tough battle just to win their much-needed reimbursement. Often, they have to deal with insurance adjusters who are veterans in downplaying injuries, delaying the claims process, or coming up with ways to throw out a settlement. Many injured claimants settle for much less than their claim is worth; some don’t obtain any payment at all.
To help your motorcycle crash claim in the Vero Beach area, remember these tips:
- Get medical attention right away. Though PIP insurance usually gives you two weeks to get medical treatment, it’s best to consult a physician within 24 hours following your accident. Delaying your medical care can be taken to mean your pains aren’t as serious as you claim. Even if you feel fine at first, remember that adrenaline from the accident can be masking the injury that your body has gotten.
- Gather documentation early on. While you’re at the site of the crash, take photos of the location, including your property damage and any apparent injuries. It would be especially helpful if you have got a helmet camera, as it may show footage of the actual crash. In addition, collect all relevant documents pertaining to your losses, like medical bills, pharmacy receipts, travel stubs, workplace time logs, and the like.
- Enlist an experienced attorney. Even if you’re still considering a personal injury claim, a lawyer could be crucial in a motorcycle injury case. Choose a lawyer who has demonstrated their skill in motorcycle injury cases, as these require specific experience. You should at least consult a trusted attorney early on in your case to provide sound legal counsel and help you avoid harmful mistakes in your claim.
Call Philip DeBerard, Injury Attorney in Indian River County
Philip DeBerard, Injury Attorney has a successful track record in handling motorcycle crash cases throughout the Treasure Coast. Our office has achieved millions of dollars in compensation in behalf of our clients, including a recent $1 million settlement in a motorcycle injury case. You’ll get a free first consultation with us, and we wouldn’t charge you any attorney fees until we’ve won a recovery for you. Phone us today at 1-800-299-8878.
Request A Free Case Evaluation