Motorcycle accident claims are not the same as regular car accident claims. Unlike passengers in enclosed vehicles, motorcyclists face increased vulnerability on the road. Due to the lack of structural protection, riders often suffer severe, life-altering injuries, even in relatively minor collisions. In a state like Florida, motorcycles are a popular mode of transportation; hence, understanding your legal rights after a crash is crucial.
If you or someone you know has suffered in a motorcycle crash, our legal team at Abercrombie, P.A. is here to protect your rights. We help you pursue the compensation you deserve. With complete knowledge of Florida law and years of experience in handling complex motorcycle cases, our attorneys provide aggressive legal advocacy that caters to your unique situation.
Common Causes of Motorcycle Accidents
Motorcycle accidents often stem from negligence, most commonly by drivers of other vehicles. Common accident scenarios include:
- Left-turn collisions: A driver turns left in front of an oncoming motorcycle, misjudging its speed or distance.
- Lane changes: A vehicle abruptly changes lanes without noticing the motorcycle in its blind spot.
- Driveway intrusions: Cars pull out of driveways or side roads without signalling to approaching motorcycles.
In many of these cases, at-fault drivers claim they “didn’t see” the motorcycle. But studies show this is often a matter of perception error, not rider fault. Drivers are used to judging distances based on the size of average cars. A motorcycle’s smaller size can give the illusion of being farther away, causing drivers to mistakenly believe they have time to turn or change lanes safely.
Beyond the Biases in Motorcycle Crash Claims
One of the biggest challenges in motorcycle accident claims is overcoming biases. Many people—even witnesses—tend to believe that motorcyclists are reckless by default. These assumptions are often wrong.
Drivers and witnesses may mistakenly think a motorcycle was speeding or making erratic moves based solely on how it looked or sounded. For example, loud engine noise may falsely indicate high speed. These subjective observations can significantly affect a claim if not properly challenged.
In such scenarios, our experienced Motorcycle Accident Attorney from Abercrombie, P.A. becomes invaluable. Our legal team uses tools like:
- Traffic camera footage
- Expert accident reconstruction
- Human factors analysis
- Witness cross-examination
We work diligently to establish the true cause of the accident and eliminate any false perceptions that may hurt your claim.
Injuries and Liability: How Florida Law Addresses Motorcycle Accidents
Motorcycle injuries turn out to be more severe than those of car accidents. In almost all cases, riders are thrown from their bikes or collide directly with the road or another vehicle. Common injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Multiple fractures
- Road rash and deep lacerations
- Internal organ damage
Florida’s comparative negligence law allows injured riders to recover a settlement even if they were partially at fault. However, the amount may be reduced according to the rider’s percentage of fault. That’s why proving the highest possible liability against the other party is critical.
Insurers often attempt to reduce payouts by blaming motorcyclists for not wearing helmets or protective gear. While safety gear can reduce the risk of injury, insurers must prove that the lack of gear directly contributed to the injury. At Abercrombie, P.A., motorcycle accident attorneys push back against baseless claims and demand evidence-based accountability.
Steps to Take After a Motorcycle Accident
Taking the right steps after a crash can make or break your claim. Here’s what you should do immediately after a motorcycle accident in Florida:
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Call 911 and Report the Accident
Always report the crash to the Florida Law. A police report is one of the key pieces of primary evidence.
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Seek Medical Attention
Even if you feel fine just after the accident, hidden injuries like concussions or hidden wounds can be life-threatening. Medical treatments and records can document the seriousness of your injuries.
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Document the Scene
Take pictures and videos of the vehicles, road conditions, skid marks, and any visible injuries. Collect witness contact information.
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Do Not Admit Fault
Avoid discussing blame at the scene. Anything you say can be used against you later.
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Contact a Motorcycle Accident Attorney
The earlier you get legal help, the stronger your case will be. Abercrombie, P.A. offers free consultations and works to preserve critical evidence from the start.
What About Motorcycle Passengers?
If you were injured as a passenger, you likely have a strong claim. Pillion riders are rarely at fault for an accident and can file motorcycle accident claims against:
- The operator of the motorcycle (if they were negligent)
- The driver of another vehicle was involved.
- The manufacturer (in cases involving mechanical failure)
Our team at Abercrombie, P.A. has successfully represented numerous motorcycle passengers and knows how to build solid liability cases even in complex multi-party scenarios.
Helmet Laws and Their Role in Claims
According to Florida Law, adults over 21 can ride without a helmet, provided they carry at least $10,000 of medical insurance coverage. But, not wearing a helmet will, anyhow, impact your claim, depending on the nature of the injuries.
At-fault party’s insurers may argue that your injuries could have been avoided with a helmet. However, unless they can prove a direct connection between the lack of helmet and the severity of injuries, such claims often fall apart under scrutiny.
That’s why we partner with medical experts and biomechanical analysts to clarify the actual impact of protective gear in each unique case.
Potential Settlement Cost You Receive
Motorcycle accident victims in Florida may be eligible for a wide range of damages, including:
- Medical expenses (current and future)
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Permanent disability or disfigurement
At Abercrombie, P.A., we aggressively pursue maximum compensation for all your losses. We negotiate with insurers and, when necessary, litigate in court to secure what you are rightfully owed.
How Abercrombie, P.A. Stands Apart
Motorcycle accident claims require specialized legal knowledge and attention to detail. At Abercrombie, P.A., we:
- Understand the unique dynamics of motorcycle crashes
- Challenge biases and false perceptions
- Retain top-tier experts to support your case
- Offer 24/7 availability for client questions
- Handle cases across Florida, from Orlando and beyond
We’re not just your motorcycle accident attorneys; we’re allies on your journey to justice. You focus on healing; we’ll handle the rest.
Ride with Confidence, Protect Your Rights
Motorcyclists are always exposed to a range of risks on the roadways. After an accident, the accident victims shouldn’t face unfair insurance practices and legal roadblocks. Whether you’re a seasoned rider or new to the biking community, knowing your rights is essential.
If you or a loved one has been injured in a motorcycle crash, don’t navigate the legal process alone. Contact Abercrombie, P.A. today for a free, no-obligation consultation. Connect with us anytime and learn how we help you recover the compensation you deserve.
