The sunny and often warm climate of St. Petersburg, Florida, draws numerous motorcycle enthusiasts to its highways and byways. On any day of the week, it’s not unusual to have thousands of riders on the road enjoying the area’s year-round beautiful weather. This also means there’s an increased likelihood a motorcyclist may end up in an accident due to the inherent risk of collisions with other vehicles.
Florida is a “No- Fault” insurance state as it relates to car accidents. Meaning the victims of car accidents initially rely on their own mandatory Personal Injury Protection (PIP) coverage to meet their medical needs and pay for 80% of their medical costs up to $10,000.00 (with basic PIP) after a crash. However, the “No-Fault” insurance does not apply to motorcycle accident victims. This is why hiring a top-rated St. Petersburg motorcycle accident lawyer will provide invaluable knowledge and resources to assist with your motorcycle accident case.
HAVE YOU BEEN INJURED IN A MOTORCYCLE ACCIDENT?
Motorcycle accidents can be catastrophic when another vehicle is involved. Unfortunately, these accidents happen far too often in St. Petersburg and the Tampa Bay area. Our area’s collective mix of elderly and youthful drivers with limited abilities, along with vacationers who may be lost or driving under the influence, make Florida the fourth most dangerous state in the U.S. for motorcycle accidents.
Before taking off on your motorcycle, consider these safety tips to stay better protected:
- Always wear a helmet when you ride: Although Florida laws are lenient concerning wearing a helmet, riders should never ride without wearing one as it can significantly reduce the risk of head injury in an accident.
- Use and wear reflective gear: Drivers often don’t see motorcycles at night from the size difference and lower visibility. Using and wearing reflective equipment will make you much more visible to drivers at night
- Alert drivers using traffic signals: Be sure to use hand signals along with your motorcycle’s equipped turning signals when riding, especially in densely populated areas like St. Petersburg Beach.
- Avoid blind spots of other drivers: When riding on the highway, avoid cruising in a driver’s blind spot, and always pass on the left to avoid a collision.
- Use your horn when necessary: Do not be afraid to use your horn when you need to get the attention of other riders, drivers, and pedestrians.
- Never drink and ride: Motorcyclists must be highly alert, especially when riding in the late afternoon to early evening or on the weekends. Other drivers may be drunk on the road, and it’s important to be alert so you can ride defensively.
WHAT ARE THE MOST COMMON CAUSES OF MOTORCYCLE ACCIDENTS?
The National Highway Traffic Safety Administration (NHTSA) releases assessments of accident factors every year nationally, and by state. Florida roadways had more than 550 motorcycle fatalities, the fourth-highest nationwide in 2016. More shocking are the numbers for non-fatal collisions provided by Safer Florida for that same year: 10,331.
There are numerous scenarios that lead to these types of devastating roadway incidents that more times than not leave riders and drivers with lifelong injuries requiring ongoing care.
NEGLIGENT DRIVERS
One of the largest contributing factors to motorcycle accidents is the negligence of other drivers operating near and/or around the rider(s). All too often, motorcycles easily fit into the blind spot of another motorist, and when changing lanes, contact occurs. Distracted driving, failing to yield, speeding, and drunk driving also increases the dangers on the road for motorcyclists enjoying St. Pete’s beautiful scenery.
MANUFACTURER DEFECTS
There are occasions when a manufacturer negligently allowed the sale of their motorcycles without ensuring all safety and quality control inspections were passed. Defective brakes or tire issues could lead to a motorcycle rider not having the ability to stop in time and suffer serious injury or even death.
POOR ROAD CONDITIONS
Accidents that occur due to poorly maintained roadways, overgrown foliage that hampers views of intersections, and even faulty traffic lighting can lead to catastrophic impacts with other vehicles and objects. Motorcycle enthusiasts rely on Florida’s Department of Transportation to keep roads and highways safe. When this government agency fails to do so, it endangers the lives of every person who is driving on the road.
TYPES OF INJURIES RELATED TO MOTORCYCLE ACCIDENTS
It’s important to understand that as a motorcycle rider, you have the same rights as everyone else on the road. When other motorists fail to notice riders sharing the road with them, it can have disastrous consequences that may leave lives changed forever.
A motorcycle crash at any impact speed risks some of the following injuries:
- Traumatic Brain Injuries (TBI)
- Spinal injuries of the neck and back
- Loss of a limb
- Fractured bones
- Road rash
- Injuries to major joints (shoulders, wrists, knees, ankles, etc.…)
- Whiplash
- Severe sprains or ligament tears
- Disfigurement
- Emotional trauma
- Paralysis
- Chronic Pain
- Organ damage and internal bleeding
- Contusions
- Fatalities
As you can see from the list above, almost all the injuries are serious and can significantly alter your life.
HOW IS FAULT DETERMINED IN A MOTORCYCLE ACCIDENT IN ST. PETERSBURG?
Here in Florida, our year-round warm weather means motorcycles are commonplace on the roads, but that, unfortunately, means that motorcycle crashes are also a familiar occurrence. As an experienced motorcycle accident lawyer in St. Petersburg, Attorney Frank P. Marsalisi is all too acquainted with how deeply these accidents affect victims and the people closest to them.
If you or someone you love has suffered an injury or lost their life in a Florida motorcycle accident, you could be entitled to recover compensation from the negligent party. However, before you can file a claim to recover your damages, the at-fault party must be identified.
NEGLIGENCE IN MOTORCYCLE ACCIDENT CLAIMS
The party who can be held liable in a St. Petersburg motorcycle accident will depend on who acted negligently. Any action or failure to act that places another person at risk of harm can be considered negligent. Examples of negligent behaviors on the road include:
- Speeding
- Tailgating
- Texting and driving
- Distracted driving
- Driving under the influence
- Weaving through traffic
- Violating traffic laws
- Disobeying traffic signals
All drivers share a duty of care and must refrain from acting careless or reckless. If their actions cause a motorcycle collision, they can be held responsible for any resulting injuries, fatalities, or other damages. Your motorcycle accident attorney can prove negligence by providing evidence that another party failed to exercise the same amount of caution that a sensible person would have used in the same situation.
COMPARATIVE FAULT
Florida is a comparative fault system, as outlined in Florida Statute § 768.81. Essentially, this means that if you are found partially at fault for a motorcycle accident, you still have the right to seek damages, but the percentage found to be your fault can affect your final settlement or court award.
Multiple parties could share fault for a motorcycle accident depending on the circumstances. Examples of parties that could be at fault for a motorcycle crash include:
- Another driver
- The owner of the vehicle
- A government agency
- An automotive mechanic
- A product manufacturer
- An employer
At Marsalisi Law, our motorcycle accident lawyers understand that determining the party or parties at fault for a motorcycle accident can be overwhelming. Navigating this critical but complicated legal process is just one reason why so many injured claimants choose to partner with the motorcycle accident lawyers at Marsalisi Law. We have what it takes to pinpoint all of the parties who could be responsible for your St. Petersburg motorcycle accident.
At our firm, we have used various strategies to determine fault in motorcycle accidents, such as:
- Analyzing accident scene photos
- Studying police reports
- Reviewing witness testimony
- Retaining expert witnesses and accident reconstructionists
The more photos you can take and evidence you can collect after a crash, the easier it may be to prove that another party was responsible for your damages. Because numerous deadlines must be met when filing a personal injury claim in Florida, motorcycle accident victims should begin gathering evidence as soon as they can do so to ensure quick action.
WHAT COMPENSATION IS AVAILABLE TO ME AFTER A MOTORCYCLE ACCIDENT IN ST. PETE?
It’s critical to heal and recover after suffering the devastating experience of a motorcycle accident. Injuries from a motorcycle accident are often catastrophic due to the little protection motorcycle provides. Victims can suffer excruciating pain and may sustain severe long-term disabilities that can significantly reduce their quality of life.
If you were injured in a motorcycle accident caused by another driver’s negligence, you have the right to seek compensation. You should not be responsible for medical bills, treatment, and other expenses if you’re injured and incapable of working. If you have a sustainable case against a negligent driver, it’s possible all accident-related costs will be reimbursed. Additionally, you may have an opportunity to recover further compensation from your trauma.
As a victim of a motorcycle accident, you may qualify for compensation regarding costs associated with:
- Past, present, and future medical care
- Rehabilitation
- Lost wages
- Future income loss
- Pain and suffering
- Emotional distress
- Property damage
- Transportation to and from medical appointments
- Any other accident-related costs
HOW A MOTORCYCLE ACCIDENT ATTORNEY CAN HELP YOU
Motorcycle accident cases are extraordinarily complex and require a great deal of investigating and negotiating to ensure victims are reimbursed fully for their damages. Most motorcycle accidents are devastating and result in disability or fatalities. An experienced St. Petersburg motorcycle accident lawyer can advise you through this entire process to recover the settlement that you need so you can focus solely on your recovery.
There are many advantages to having a motorcycle accident lawyer on your side to help you recover compensation after an accident, including:
- Collecting witness statements;
- Examining police and accident reports;
- Reviewing and recording damage to the motorcycle and personal property, such as helmet, clothing, gloves, shoes, etc..
- Examining the driver’s driving record; and
- Working closely with experts to create reenactments to establish fault and causation.
A motorcycle accident attorney in St. Petersburg, FL will handle the details of thoroughly investigating the accident so you can focus on recovering from your injuries. At Marsalisi Law, our goal is to protect your rights and restore peace of mind to help victims heal. Whenever necessary, we will come to you at the hospital, your home, or treatment center to decide crucial matters if you’re unable to come to the office.
SPEAK WITH A TOP-RATED MOTORCYCLE ACCIDENT ATTORNEY IN ST. PETERSBURG, FL TODAY
The experienced motorcycle accident attorneys at Marsalisi Law are here to help you through this challenging time by not only offering you personalized attention throughout your case, but even coming to your home if you’re unable to travel. We are with you every step of the way; from the moment you hire our firm until your case resolves. Our firm is here for you 24/7 to answer your questions and keep you informed on the status of your case.
As a member of the Tampa Bay Trial Lawyers Association, our decade of experience has benefited thousands of clients seeking relief after suffering injuries due to the negligence of others. Contact our office today online or at (727) 353-6361 for a free case evaluation to learn what your rights are.