West Palm Beach Motorcycle Accident Lawyer
Motorcycle injuries unfortunately happen frequently in West Palm Beach. A person injured in a motorcycle crash might find that there’s often a bias against riders – an assumption that bikers are always reckless while driving. This makes it more difficult for them to obtain financial repayment for their medical bills, lost wages, lost earning capacity, pain and suffering and other damages.
If you’ve been hurt in a West Palm Beach motorcycling accident, you must get the help of an experienced and skilled motorcycle accident lawyer. Talk to Philip DeBerard, Injury Attorney. Selected as the Best Personal Injury Attorney in the Treasure Coast by TCPalm, Mr. DeBerard and his team have achieved maximum settlements and verdicts for Floridian bikers. Your consultation with us is free. Call 800-299-8878 to schedule a free consultation.
Motorcycle Accident Statistics
Just within 2021, a total of 118 motorcycle accidents occurred in nearby St. Lucie County, reports the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). On average, that’s one accident every three days. These accidents sadly caused 99 injuries and 8 fatalities.
In 2022, we’re getting a similar trend. From January 1 to September 29, 2022, 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 enjoy the outdoors while riding their bikes. Unfortunately, this spells accidents for many. FLHSMV data show that motorcycle accidents in St. Lucie County expectedly surge in the months of March, April, and May, and also in December.
Overall, Florida has the ideal climate for open-air travels and thus sees more motorcycle incidents than other regions in the country. Research found that in 2020, the Sunshine State ranked fourth among all US states in terms of motorcycle deaths, with the death toll reaching 600 that year. According to the researchers, southern states with warmer weather were inclined to have higher motorcycle crash statistics.
On top of this, Florida has relatively relaxed helmet laws. Riders past 21 years of age are not mandated to wear helmets if they carry personal injury protection (PIP) insurance. While insurance may reimburse some expenses after an accident happens, it mayn’t safeguard riders from injuries. And because riders don’t have the shield of airbags and car crumple zones, their injuries are very often serious or life-threatening.
Proving Fault in a West Palm Beach Motorcycle Crash
In an accident, Florida law says you must pursue compensation from your own PIP policy first. If you have serious injuries, only then will you be eligible to file a third-party claim against the at-fault party’s insurance. Many motorcycle accident victims have to claim compensation from the liable party to reimburse their significant injuries and losses.
In a third-party insurance claim, you need to prove that the party you’re demanding against is the reason for your injuries. We do this by establishing that they were negligent during the crash. In legal terms, “negligence” means the person had a responsibility to practice reasonable care but did not. Here are some examples of negligence that cause motorcycle accidents:
- Excessive speed
- Inattentive driving
- Unsafe turns
- Not giving the right of way
- Intoxicated driving (even several prescription drugs may be involved if they include warnings about driving on meds)
- Aggressive driving (running red lights, cutting off vehicles, etc.).
In our over 40 years of service at the DeBerard injury firm, we’ve seen how motorcycle riders are commonly blamed for their own accidents. While we can’t deny that some bikers show unsafe behavior such as lane-splitting and illegal passing, this must not be being automatically assumed of all riders involved in a crash.
This point is especially critical in Florida because the state’s accident law adheres to the comparative fault principle. This is a rule where all persons who were negligent in the accident will be deemed partially at fault. Even the injured party might be being held partly at fault for their own injuries, and their compensation could be limited depending on their share of negligence. For example, if they were found to be at fault by 10 percent, it, would mean a 10 percent reduction from their compensation.
Insurance adjusters and defense lawyers can assert this rule every opportunity they get, pinning some blame on the claimant so they can minimize the settlement they have to pay. This is one of the reasons why it’s incredibly difficult for motorcycle crash victims to receive their fair compensation. Reach out to Philip DeBerard immediately after your accident to secure your claim and pursue the amount you truly deserve.
Raising Your Chances of an Effective Motorcycle Injury Claim
Individuals who are injured in a motorcycle crash have a hard fight just to get their much-needed compensation. Often, they have to deal with insurance adjusters who are veterans in undermining injuries, delaying the claims process, or finding reasons to throw out a settlement. Numerous injured claimants obtain much less than what their injury is worth; some don’t receive any payment at all.
To help your motorcycle injury claim in the West Palm Beach area, remember these tips:
- Seek medical attention quickly. Though PIP insurance usually gives you two weeks to seek medical treatment, it’s prudent to consult a doctor within 24 hours following your accident. Putting off your medical care can be taken to mean your injuries aren’t serious enough. Even if you feel well at first, note that adrenaline from the accident could be being masking the injury that your body has suffered.
- Gather documentation as early as possible. While you’re at the accident site, take photos of the situation, including damage to your vehicle and any visible injuries. It would be especially helpful if you were wearing a camera on your helmet, as it could show footage of the actual crash. In addition, gather all relevant documents pertaining to your losses, such as medical bills, medication receipts, travel stubs, time logs at work, and the like.
- Get the help of a reliable attorney. Even if you’re only considering an insurance claim, a lawyer can be indispensable in a motorcycle injury case. Choose someone who has demonstrated their competence in motorcycle injury cases, as these require specialized experience. You can at least consult a trusted attorney as soon as you can to give you sound legal advice and help you avoid costly mistakes in your claim.
Reach Out to Philip DeBerard, Injury Attorney in Palm Beach County
Philip DeBerard, Injury Attorney has a successful track record in handling motorcycle crash cases in the Treasure Coast and South Floriday. Our firm has achieved millions of dollars in compensation in favor of our clients, including a recent $1 million compensation in a motorcycle accident case. We’ll provide your first consultation for free, and we would not charge you any lawyer fees until we’ve obtained a settlement for you. Call us today at 1-800-299-8878.
777 South Flagler Drive, #800, West Palm Beach, FL
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