Our Lake Magdalene motorcycle accident lawyers can help you win a settlement that allows you to recover and rebuild your life. Whether you’ve been hit by a car while navigating traffic in Lake Magdalene, or a truck on Bradenton Beach Scenic Highway we can help.
Our Lake Magdalene motorcycle accident lawyers Sean McQuaid and Jonathon Douglas can help you get the money you deserve. We don’t ask for payment upfront, striving always to get the maximum possible settlement.
Contact Sean McQuaid and Jonathon Douglas today for a free consultation to get your life back on track.
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Should I Hire a Lake Magdalene Motorcycle Accident Lawyer?
We Can Win the Maximum Possible Settlement
Hiring a Lake Magdalene motorcycle accident lawyer gives you the best chance of winning the maximum compensation from your insurance company. If the accident wasn’t 100% your fault, then why should you pay and suffer more?
Many motorcycle accident victims underestimate the true cost of their injuries, leaving them in dire financial positions for decades to come. Our Lake Magdalene motorcycle accident lawyers will determine the true cost of your injuries. Using financial experts and analysts, we’ll ensure you receive compensation for your medical bills, loss of income and much more.
Weโll Fight Selfish Insurance Companies
Insurance companies are for-profit. Their advertising suggests they’ll look out for their customers, but sadly they’ll do everything they can to minimize their outgoing costs. From manipulation to delaying and outright denial, insurance agents are specialists in making motorcycle injury victims accept lowball offers.
Our attorneys have worked on the other side of the table and won’t fall for their tricks. As experts in negotiations, we’ll take care of the dirty work on your behalf. You can recover and relax, while we handle paperwork, investigations and stressful phone calls.
Lake Magdalene Motorcycle Accident Statistics
Florida has over 638,000 motorcyclists, making Lake Magdalene and Hillsborough County hot spots for two-wheeled riders. The sunshine and stunning views lure in riders from near and far. But that sadly also brings a large number of accidents.
The Florida Highway Safety and Motor Vehicles Department reported in 2022:
Motorcycle Injury Accidents in Florida
- Highest annual motorcycle deaths in the U.S.
- 584 deaths
- 1,813 incapacitating injuries
- 3,226 non-incapacitating injuries
- 1,747 possible injuries
Florida Helmet Use Statistics
Drivers Not Using Helmets
Fatal | Incapacitating Injuries | Non-Incapacitating Injuries | Possible Injuries | No Injuries | |
Helmet | 284 | 850 | 1,676 | 899 | 447 |
No Helmet | 265 | 832 | 1,307 | 655 | 481 |
Passengers Not Using Helmets
Fatal | Incapacitating Injuries | Non-Incapacitating Injuries | Possible Injuries | No Injuries | |
Helmet | 13 | 69 | 112 | 61 | 33 |
No Helmet | 24 | 94 | 131 | 74 | 48 |
Can I Gain Compensation for My Motorcycle Accident in Lake Magdalene?
To qualify to gain compensation for your motorcycle accident in Lake Magdalene, you must have received medical care within 14 days of the accident. For that reason, we always advise even minor injury victims to visit a hospital as if the injury symptoms worsen over time you would struggle to make a claim.
Florida is a ‘no-fault’ state, requiring you to file a personal injury claim against your own insurance provider.
What If I Was At-Fault for My Motorcycle Crash?
You may still be able to win compensation for your motorcycle accident in Lake Magdalene even if you were partially to blame.
Florida’s โcomparative fault’ law determines car accident liability in Lake Magdalene. The law assigns a percentage of fault to each party in an accident.
For example, if Neil was hit by a car while riding his motorcycle that ignored a red light, but Neil was speeding then he would take a share of the fault.
If it was 30% then his damages would be reduced by 30%. So a $100,000 settlement would become a $70,000 settlement.
How to Make a Motorcycle Accident Claim in Lake Magdalene
To make a motorcycle accident claim in Lake Magdalene, you must file a personal injury claim with your own insurance company. You should notify them about the accident as soon as possible, but don’t formally file the claim before consulting a Lake Magdalene motorcycle accident lawyer.
Your claim will need to prove the at-fault parties were negligent. Doing this alone is extremely difficult and can leave you with an insufficient settlement offer.
Should I Accept my First Settlement Offer?
No. Insurance companies are notorious for their lowball offers. These offers take advantage of the desperation of motorcycle accident victims. Negotiating with supporting evidence is always the better way to go.
How to Prove Negligence in a Motorcycle Accident Claim
What is Negligence?
Negligence is when someone fails to uphold their duty of care. On the road, that means taking care to avoid harming other road users. To prove negligence, you’ll need to:
- Show a party owed you a duty of care
- Show they breached the duty of care
- The breach directly resulted in your injuries
How Long Do I Have to File a Claim?
You must file your motorcycle accident claim within 4 years of the accident. Florida Statute 95.11(3)(a)‘s Statue of Limitation is strict and if you overrun this date you will forfeit your right to compensation.
Finding Evidence
To prove you were not the at-fault party in your crash, our Lake Magdalene motorcycle accident lawyers will use accident reconstruction experts, financial analysts and medical specialists.
Using these sources alongside material evidence can prove that someone else directly caused your injuries.
We regularly acquire evidence, such as:
- Police reports
- Eyewitness statements
- Photos or videos of the accident scene
- CCTV footage
- Dashcam footage
- Expert testimonies
- Speed camera data
Who Is The Negligent Party in My Accident?
There may be more than one negligent party for your motorcycle accident injuries. For example, a car driver may have hit you but it might have been due to a faulty stop light.
We have helped victims of injuries caused by :
- Bicyclists
- Bus drivers
- Cab companies
- Car Drivers
- Employers of negligent parties
- Government agencies
- Lyft and Uber drivers
- Other Motorcyclists
- Passengers in your car
- Pedestrians
- Taxi companies
- Taxi drivers
- Transit companies
- Truck drivers
- Trucking companies
What Damages Can I Recover for My Motorcycle Accident?
We urge you to not underestimate the true cost of your damages. The long-term costs can be far-reaching. Don’t rely on your insurance company to calculate it correctly.
Our Lake Magdalene motorcycle accident lawyers can utilize resources such as financial specialists to determine the true, long-term cost of your injuries.
Damages can be any related expenses since the date of the accident, including the future.
How Much is My Motorcycle Crash Claim Worth?
There is no blanket answer or easy way to calculate as every case varies. Please consult our Lake Magdalene motorcycle accident lawyers to get a detailed assessment.
However, if you wish to make a rough calculation go through the damages listed below (while factoring in if you served any fault in the accident).
Common Motorcycle Accident Damages
Economic Damages
These are damages that can be calculated from bills and receipts.
- Medical Expenses
- Rehabilitation Costs
- Lost Wages
- Loss of Future Earnings
- In-Home Care Expenses
- Medical Equipment Costs
- Transportation Expenses
Non-Economic Damages
Non-economic damages do not have a specific monetary value. However, they shouldn’t be overlooked as they can be more costly than the immediate medical bills you’ve paid.
- Loss of enjoyment of life
- Loss of consortium
- Depression and mental health issues
- Post-Traumatic Stress Disorder
- Pain and Suffering
- Scarring and Disfigurement
- Long-term disabilities
Common Causes of Motorcycle Accidents in Lake Magdalene
With around 600 motorcycle accidents every year in Lake Magdalene, there are a wide range of causes for accidents. These include:
Drunk Drivers
- In the U.S., 32% of motorcyclists’ deaths are related to alcohol-impaired drivers.
- Whether it’s from a car driver, or the motorcyclist, driving under the influence (DUI) results in blurred vision and slower reaction time.
- The consequences are devastating, hence why the State of Florida is coming down so strongly on DUI offenses.
Speeding
- Around 509 people suffer in-capacitating injuries from speeding car drivers in Florida every year. The rate is significantly higher for motorcyclist victims than those inside cars.
- If you were hit by a speeding motorist, the fault will likely be mostly on their side, resulting in a large settlement share.
Sudden Lane Merging
- Erratic driving such as changing to a different lane without warning can catch out nearby motorcyclists who become helpless in the blind spot of a heavy vehicle.
- These accidents can throw riders off their bikes, hitting the ground in a violent manner.
- In 2022, 13,683 incapacitating injuries in Florida were caused by cars leaving their lanes (including leaving the road entirely).
Reckless Driving
- Over 35% of motorcycle accidents are caused by reckless driving every year. Reckless driving can be anything that is deemed to put another road user in harm.
- For example, not looking at the road ahead or ignoring stop lights and traffic signals.
Distracted Driving
- 2,731 people suffer incapacitating injuries due to distracted driving on Florida roads every year.
- Distracted driving can be anything where the driver fails to maintain sufficient focus on the road. Such as texting, using a sat-nav or reaching for something in the glove compartment.
Common Injuries of Motorcycle Accidents in Lake Magdalene
By nature, motorcycle accidents often result in devastating injuries. The lack of protection can fling riders of their vehicles, colliding with roads, other vehicles and debris.
As a result, motorcycle injury claims are amongst some of the most valuable in the industry.
Brain Injuries
- Traumatic Brain Injuries (TBI) can be some of the most life-changing injuries anyone can suffer. Despite the use of helmets, motorcyclists take huge blows to the head when they are thrown across the road.
- Some brain injuries may also not appear at first. The secondary injury, caused by swelling, can be even more impactful.
- We urge accident victims suffering headaches, nausea, loss of balance or other unusual symptoms to visit a doctor immediately.
Spinal Cord Injuries
- Without the protection of a car, the body is also prone to incapacitating spinal cord injuries.
- The spinal cord contains bundles of nerves running down the spine, controlling movement and sensation.
- Victims can suffer total disability or partial disability below the damaged site.
- Victims of spinal cord injuries require large settlements to ensure sufficient coverage for their damages, which are long-term.
Broken Bones
- Broken bones are extremely common in motorbike crashes as the victim collides with roads, other vehicles and barriers.
- Broken bones can vary in severity from life-altering to minor fractures. However, all broken bone injuries are likely to result in the victim taking time off work and requiring medical care. For that reason, the compensation fee is often reasonably high.
Lacerations and Scarring
- Lacerations and burns are common in motorcycle accidents, with riders colliding with sharp metal objects such as car fenders, barriers, glass and road debris.
- Lacerations can be life-threatening and result in life-long scars. ‘Road Rash’ may also require treatment such as skin grafts.
- Victims of these accidents can potentially recover non-economic damages.
Soft Tissue Damage
- Tendons, ligaments and muscles are prone to serious damage in motorcycle accidents, such as tearing and stretching.
- These complicated parts of the body may require medical treatment such as surgery and physical therapy to recover from.
Chest Injuries
- The chest is also susceptible to serious injuries when a rider is thrown from their bike. Injuries can range from minor bruises and contusions to collapsed lungs, heart attacks and impalement.
- Chest injuries almost always require serious medical treatment, of which the victim can recover in their personal injury lawsuit.
What Should I Do If a Loved One Has Died in a Motorcycle Accident in Lake Magdalene?
If someone close to you has been killed in a motorcycle accident, you can file a wrongful death claim. These claims can provide surviving family members with coverage for their expenses related to the death.
Our compassionate Lake Magdalene motorcycle accident lawyers welcome you to receive a free consultation.
What Should I Do After a Motorcycle Accident in Lake Magdalene?
1. At the Scene of the Accident
If you are reading this shortly after your accident, you should do the following the crash scene:
- Stay at the scene. It is illegal to leave the scene of an accident involving injury or property damage in Florida.
- Call the police and emergency services.
- Stay and receive medical attention.
- Do not admit fault.
- Take pictures and retain evidence that can be used to build your case at a later date.
2. Notify Your Insurance Provider
We advise you to notify your insurance provider as soon as possible after any accident. They may try to get you to admit fault. Donโt. Fault can be determined later using experts and evidence.
3. Don’t Accept a Low Ball Offer
Your insurance agent may offer you a lowball settlement. Do not accept this. The true value of your claim has not yet been determined. These offers are attempts to take advantage of your desperation.
4. Visit a Doctor
Florida law requires that you receive medical treatment within 14 days of your accident in order to qualify for compensation. You should visit a doctor even if you feel fine, as symptoms may arise later (this is especially true with whiplash and brain injuries). If you feel symptoms in the future, visit again.
5. Retain Evidence
Keep all doctors’ or specialists’ notes. These can be used to support your claim, proving the link between the accident and your injuries.
You should also store all receipts and bills for expenses related to the accident, including medical bills, medication costs and transportation fees.
6. Contact a Lake Magdalene Motorcycle Accident Lawyer
Please contact an experienced attorney as soon as possible. They will take the reins in your claim (from evidence collection to paperwork and negotiations) so you can sit back, relax and recover.
Florida Motorcycle Laws
Florida Helmet Laws
- Riders aged over 21 can choose not to wear a helmet if they’re insured by at least $10,000 in medical benefits for crash injuries.
- Riders aged 21 or under must wear a crash helmet at all times when riding a motorcycle.
- You cannot wear a headset attached to your helmet.
- Eye protection is required.
Florida Riding Laws
- Passing in the same lane (lane splitting) is not legal.
- Riding between lanes is forbidden.
- You cannot run a red light.
- You cannot ride side-by-side with another motorcycle.
- Stunt operations (such as wheelies) are forbidden.
- Passing off the pavement or main portions of roadways is forbidden.
- Both hands must be on the handlebars at all times.
- Passengers can only ride if there is a passenger seat and footrest.
Source: Ride Smart Florida
Hire a Motorcycle Accident Lawyer in Lake Magdalene, FL
Free Consultations
If you or a loved one have been injured in a motorcycle accident in Lake Magdalene, Florida, then we welcome you to contact our Lake Magdalene motorcycle accident lawyers for a free consultation. Regardless of the severity of your injuries, we can determine the worth of your case before making a plan to win the case.
Sean McQuaid and Jonathon Douglas are award-winning Personal Injury Lawyers with vast experience, a proven track record, a strong reputation and impressive resources. We believe we provide the strongest chance of winning the maximum possible settlement to rebuild your life.