Stuart Motorcycle Accident Lawyer

Motorcycle crashes are unfortunately common in Stuart. A motorcycle accident is especially tricky because there’s an unsaid bias against riders – an assumption that bikers are always reckless while driving. This makes it tough for them to obtain financial compensation for their medical costs, missed earnings, and other damages.

If you or a family member has been injured in a Stuart motorcycling accident, you must get the help of a competent and experienced motorcycle accident lawyer. Call Philip DeBerard, Injury Attorney. Selected as the Best Personal Injury Attorney in the Treasure Coast by TCPalm, Mr. DeBerard and his law firm have achieved big settlements and verdicts on behalf of Floridian claimants. Consult with us for free. Call 800-299-8878 for your free consultation.

Just How Common are Motorcycle Crashes in Martin County?

The warm weather and scenic roads in South Florida motivate motorcyclists to enjoy the outdoors while riding their bikes. Unfortunately, this spells accidents for many. FLHSMV numbers show that motorcycle accidents in Martin County typically spike in the spring (March-May), and also in December.

Overall, Florida has the perfect climate for open-air travels and as a result, it has more motorcycle crashes than many other states. One study revealed that in 2020, the Sunshine State ranked fourth among all US states in terms of motorcycle fatalities, with 600 people killed that year. The researchers noted that, southern states with gentle weather tend to have bigger motorcycle crash rates.

Additionally, Florida has relatively relaxed helmet laws. Riders older than 21 are not mandated to wear helmets if they have personal injury protection (PIP) insurance. Though insurance may provide relief after a motorcycle crash happens, it could not safeguard riders from injuries. And because riders don’t have the shield of airbags and car frames, their injuries are very often serious or life-threatening.

Establishing Fault in a Motorcycle Accident in Stuart, FL

In a motorcycle crash, Florida law requires you to seek compensation from your own PIP policy first. If you have serious injuries, only then will you be eligible to make a third-party claim against the at-fault party’s insurance. In many motorcycle accident cases, injured persons have to pursue compensation from the liable party to reimburse their significant losses and injuries.

In a liability insurance claim, you have to prove that the driver you’re filing against is the reason for your injuries. We do this by establishing that they behaved negligently at the time of the crash. In legal parlance, “negligence” means the person had a responsibility to act with reasonable care but failed to do so. Here are some forms of negligence that cause motorcycle accidents:

• Speeding
• Distracted driving
• Tailgating
• Making an unsafe turn
• Failing to yield the right of way
• Driving while intoxicated (even some prescription drugs could be involved if they caution against driving while medicated
• Careless driving (running red lights, cutting off vehicles, etc.).

In our three decades of practice at the DeBerard law firm, we’ve seen how bike riders are commonly blamed for their own injuries. While we acknowledge that some riders display risky behavior such as lane-splitting and illegal passing, this shouldn’t be a presumption about every injured rider.

This point is especially crucial in Florida because state law follows the comparative fault principle. This is a rule where everyone who was negligent in the accident shall have been deemed partially at fault. Even the injured party can be considered partly at fault in their own accident, and their compensation may be reduced depending on their share of responsibility. For example, a 10 percent fault, would mean a 10 percent reduction from their compensation.

Insurers and defense lawyers may assert this rule whenever they can, pinning some blame on the claimant in order to minimize the money they ultimately pay. This is one common reason why it’s incredibly challenging for motorcycle injury victims to get their rightful compensation. Speak with Philip DeBerard as soon as you can to safeguard your claim and stand for the amount you truly deserve.

Raising Your Chances of an Effective Motorcycle Injury Claim

Individuals who suffered injuries from a motorcycle crash have to fight hard to obtain their much-needed reimbursement. Often, they encounter insurance adjusters who are experienced in undermining injuries, prolonging the claims process, or finding potential grounds to deny a settlement. Plenty of injured claimants settle for much less than what their case is worth; some don’t get any settlement at all.

To help your motorcycle crash claim in Stuart, note these tips:

• Get medical attention right away. Though PIP insurance usually gives you 14 days to seek medical treatment, it’s wise to consult a medical provider within 24 hours after the crash. Prolonging your medical care could be misconstrued to mean your symptoms aren’t as serious as you claim. Even if you feel fine at first, know that adrenaline from the accident could be being masking the damage that your body has sustained.
• Document as early as possible. While you’re at the accident site, take photos of the situation, including your property damage and any noticeable injuries. It would be especially helpful if you’ve got a helmet camera, as it may show footage of the accident. In addition, compile all relevant documents that show your losses, such as medical bills, pharmacy receipts, travel stubs, workplace time logs, and the like.
• Enlist an experienced attorney. Even if you’re only considering an insurance claim, a lawyer will be crucial in a motorcycle accident case. Choose someone who has proven their skill in motorcycle accident cases, as these require particular experience. At the very least, consult a dependable attorney early on in your case to give you sound legal counsel and help you avoid costly mistakes in your claim.

Reach Out to Philip DeBerard, Injury Attorney in Martin County Today

With a winning track record, Philip DeBerard, Injury Attorney is trusted for motorcycle accident cases in South Florida. Our firm has achieved millions of dollars in settlements and verdicts for our clients, like our recent $1 million recovery in a motorcycle injury case. We’ll provide your first consultation for free, and we shall not charge you any legal fees until we’ve achieved a settlement for you. Contact us today at 1-800-299-8878.