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Located In Palm Beach Business Center
Motorcycle accidents can have devastating consequences, often resulting in serious injuries and complex legal challenges. If you or a loved one has been involved in a motorcycle collision in West Palm Beach, securing the assistance of an experienced motorcycle accident attorney is crucial to protect your rights and seek fair compensation. At Winegar Law Injury Lawyers, we specialize in representing injured motorcyclists, guiding them through the intricacies of personal injury claims, and fighting for the justice they deserve.
At Winegar Law Injury Lawyers, we are dedicated to helping individuals and families navigate complex legal matters. Whether you’ve been injured in an accident or are facing a legal issue, our experienced team is here to guide you every step of the way.
One of the major hurdles injured motorcyclists face in Florida is the limited coverage available through the state’s no-fault insurance system. Unlike car accident victims who can often rely on Personal Injury Protection (PIP) benefits to cover immediate medical expenses and lost wages, many motorcycle accident victims must pursue compensation through traditional fault-based personal injury claims. This distinction is significant because motorcyclists are inherently more vulnerable to severe injuries due to the lack of physical protection that motorcycles provide.
The injuries sustained in motorcycle crashes, such as broken bones, spinal cord injuries, traumatic brain injuries, head injuries, neck injuries, internal injuries, and road rash, often require extensive medical treatment, rehabilitation, and long-term care. Unfortunately, PIP benefits frequently fall short of covering these substantial medical bills and ongoing expenses. Without adequate compensation, injured motorcyclists may face overwhelming financial burdens while trying to recover from their catastrophic injuries.
Establishing fault in motorcycle accident cases can be particularly challenging. Insurance adjusters and defense attorneys sometimes exploit societal biases against motorcycle riders, unfairly questioning their credibility or attempting to shift blame onto them. This prejudicial treatment complicates the process of proving liability and can result in reduced compensation or outright denial of claims.
Proving fault requires a thorough investigation of the accident scene, gathering witness statements, reviewing police reports, and analyzing evidence such as photographs and medical records. An experienced motorcycle accident lawyer understands how to navigate these complexities and counteract unfair tactics employed by insurance companies, ensuring that injured motorcyclists receive full and fair compensation for their injuries and losses.
Florida’s no-fault system treats motorcycle accident victims differently than other motorists. While drivers involved in car accidents may access PIP benefits more readily, motorcyclists are often forced into pursuing fault-based claims, which are typically more complex and time-consuming. This disparity places motorcycle accident victims at a disadvantage, especially if they lack strong legal representation.
A knowledgeable personal injury attorney familiar with local motorcycle laws and the nuances of motorcycle accident cases is essential. Such legal counsel can level the playing field, protect your rights, and help you navigate the often complicated claims process involving insurance providers and adjusters.
Being involved in a motorcycle crash can be overwhelming, and it’s natural to feel disoriented and shocked. However, taking the right steps immediately after the accident can significantly impact the outcome of your personal injury claim. The experienced motorcycle accident attorneys at Winegar Law recommend the following actions:
The first priority is to move to a safe location, if possible, away from oncoming traffic. By doing so, you minimize the risk of further injuries or accidents. Remember to turn on your hazard lights and use any other warning devices available to alert other road users of the accident scene
Check yourself & others involved in the accident for any injuries. Even if you initially feel fine, it’s essential to seek medical attention. Adrenaline can mask pain and symptoms, and some injuries may not be immediately apparent. Call 911 or ask someone nearby to do so if there are serious injuries requiring immediate medical care.
Reporting the accident to the police is crucial, particularly if there are injuries, significant property damage, or disputes over fault. Besides creating an official record of the incident, Florida Statutes Section 316.065 states an accident resulting in injury, fatality, or property damage estimated at $500 or more, the driver must promptly notify local law enforcement. Obtain a copy of the complete motorcycle crash report here
Exchange contact, insurance, and vehicle details with the other parties involved in the accident. Also, collect contact information from any witnesses present. Capture photographs of the accident scene, including vehicle damage, injuries, and any relevant road conditions. These details can be essential in supporting your case later on.
It’s wise to obtain legal representation before contacting your insurance company. As motorcycle injury lawyers specializing in West Palm Beach & surrounding areas, we will protect your rights and guide you through the process. If you’re not sure if you have a case, we’ll let you know. There’s no fee until your case is settled. Simply give us a call or use the form to reach out.
Preserving evidence related to the accident is crucial. Retain medical records, photographs, witness statements & repair estimates. During our consultations, we will also help you understand other vital information you can provide to strengthen your case and maximize the compensation you receive.
For your own good, you should adhere to any medical treatment plan you’ve been advised of. Attend all follow-up appointments, therapy sessions, and rehabilitation as necessary. Document your injuries, symptoms, and treatment progress. This documentation will help us prove your injuries, conditions and furthermore recover expenses paid as well as any ongoing care you require going forward.
Certain common mistakes can jeopardize your motorcycle accident lawsuit. Avoid these pitfalls to protect your claim:
Do Not Leave the Accident Scene – There can be legal consequences if you leave before the motorcycle accident has been processed! While waiting on authorities, you can be taking pictures, notes, identifying witnesses & exchanging contact information. Clear your day and notify your relatives, friends and workplace of the situation.
Do Not Admit Fault – Avoid making any statements or admitting fault. Stick to factual information when speaking to others involved or authorities. Any information you provide about the motorcycle accident can be misinterpreted, misunderstood or cause confusion that may be twisted and used against you later. Having the best West Palm Beach motorcycle accident lawyers on your side can often be what it takes for the outcome to resolve in your favor.
Do Not Negotiate With Insurance Adjusters Alone – Remember, this is mostly likely the first time you’ve been in a motorcycle accident in Florida, but insurance adjusters do this for a living. Their interests are usually to settle the claim quickly for the lowest amount possible. Their experience gives them the edge, and you need someone experienced on your side. Let the experienced motorcycle accident attorneys at Winegar Injury Law in West Palm Beach help!
Do Not Sign Documents Without Legal Review – Before signing any documents, have them reviewed by an expert West Palm Beach motorcycle accident attorney. You may be approached, especially by insurance companies to sign offers or waivers that could potentially limit your rights to future compensation. Winegar Injury Law has dealt with countless motorcycle injury cases in West Palm Beach and throughout Florida and can negotiate the best outcome for your situation. No fee unless we win!
Do Not Overshare on Social Media – Discuss your experience with people you trust discretely and in private. Any information you post publicly about your motorcycle accident in Florida will also be viewed by opposing parties and insurance companies. When you are working with a personal injury lawyer at Winegar Injury Law, we work hard to protect your best interests and can determine what, if anything, is suitable to share with the public.
Do Not Miss the Statute of Limitations – In Florida, the statute of limitations for filing a personal injury claim, including motorcycle accidents is now 2 years from the date of the accident. Keep in mind, however, that certain factors or exceptions might affect the statute of limitations. The personal injury lawyers at Winegar Injury Law can help you stay on top of all deadlines and any updates to local and regional traffic laws.
Do Not Delay Reporting the Accident – Not only is this important for insurance purposes and creating an official record of the incident, but it also ensures you are following the legal obligation of reporting. Furthermore, the sooner you report the incident, the more likely evidence is preserved and enforcement agencies can begin timely investigations.
Do Not Neglect Medical Attention – Even if you believe your injuries are minor, you can’t be sure of the severity without seeking medical help. Some injuries can have delayed symptoms, be masked by shock, or could be internal and not visible without a closer look. A medical specialist will not only check your health and injuries after a motorcycle accident, but also create an official record of the incident for insurance companies.
Florida has implemented a new tort reform law – HB837, which went into effect on March 24, 2023. A troubling aspect of this change is the shift to a contributory negligence system. The new law states that if a motorcyclist is involved in an accident and is found to be 50.1% or more at fault, they may be completely barred from seeking damages.
This means an opposing insurance company’s lawyer can argue the motorcyclist’s decision not to wear a helmet contributed to their injury. If they can demonstrate that the motorcyclist was 50.1% or more negligent, the motorcyclist could lose their case and receive no compensation.
Picture a scenario where a car is turning left but the driver fails to see the motorcyclist and turns in front of them. The motorcyclist is within speed limits and obeying traffic laws but collides with the car through no fault of their own and sustains serious injuries.
Florida motorcyclists over 21 can ride without a helmet if they have proof of medical insurance with at least $10,000 in coverage for crash injuries, but under the new law, even if another party is at fault, the rider’s choice not to wear a helmet could be used against them in court, potentially leading to a complete loss of damages.
There were at least four separate proposals to exempt helmetless motorcyclists found to be in compliance with helmet laws (s. 316.211) from the new contributory negligence law. Unfortunately, these amendments were voted down in both the House and Senate.
According to Forbes
Bottom Line
If you are a motorcyclist in West Palm Beach or other parts of Florida, be aware of the new tort reform law and how it could affect you in the event of an accident. If you are considering riding without a helmet, carefully weigh the risks and benefits.
You can rely on our dedicated attorneys to work tirelessly with your best interests at heart. We understand the importance of obtaining rightful compensation to help you rebuild your life after an accident.
2023 Statistics for Motorcycle and Motor Scooter accidents in West Palm Beach Florida
Data includes accidents involving motorbikes or motorized scooters reported as causing serious injuries or fatalities at the city, county and state level.
By comparing West Palm Beach motorcycle accidents to Palm Beach County and the state of Florida over recent years, we’ve observed the following:
2023 (Year-to-date through June 29th, 2023)
Florida: 1,484
Palm Beach County: 71
West Palm Beach: 10
2022
Florida: 2,891
Palm Beach County: 131
West Palm Beach: 19
2021
Florida: 2,857
Palm Beach County: 132
West Palm Beach: 15
2020
Florida: 2,674
Palm Beach County: 121
West Palm Beach: 13
There has been a slight increase year-over-year across the board. Palm Beach County contributes a little less than 5% toward all motorcycle accidents that occur in the state of Florida. Of the motorcycle and motorized scooter accidents that occur in Palm Beach County, roughly 14-15% are within West Palm Beach city limits.
The moments and days following a motorcycle accident are critical. Evidence can quickly disappear, memories fade, and the statute of limitations begins to run. If you are experiencing financial strain, lost wages, serious injuries, or difficulty proving fault, it is essential to contact an experienced motorcycle accident attorney promptly.
Navigating insurance claims, dealing with insurance adjusters, and understanding your rights can be overwhelming without professional legal guidance. The sooner you engage a qualified personal injury lawyer, the better your chances of recovering full financial compensation to cover medical expenses, ongoing care, pain and suffering, and other damages.
Selecting the right motorcycle accident attorney can make a significant difference in the outcome of your case. Consider these key factors:
If you or a loved one has been injured in a motorcycle accident in West Palm Beach, call Winegar Law Injury Lawyers today at 561-717-0447 or contact us by email through our website. We offer a free consultation to evaluate your case and provide guidance with no obligation.
During your free initial consultation, you can share the details of your accident, including the events and injuries sustained. Our seasoned personal injury attorneys will carefully assess your case’s merits, explain your legal rights, and outline potential options tailored to your unique situation. We encourage you to ask questions and discuss any concerns so that you feel informed and confident moving forward.
In the aftermath of a motorcycle accident, having an experienced motorcycle accident attorney on your side is invaluable. At Winegar Law Injury Lawyers, we are dedicated to helping injured motorcyclists in West Palm Beach and throughout Florida recover the compensation they deserve for their injuries, lost wages, medical expenses, and emotional trauma. Contact us today to protect your rights and begin the path toward justice and recovery.
As experienced injury lawyers, we are here to provide clear, straightforward answers to your most pressing questions.
The value of your case can vary significantly based on several factors, including the severity of your injuries, the extent of damage to your vehicle, lost wages, medical bills, and the impact on your daily life. In Florida, you may also be entitled to compensation for pain and suffering, emotional distress, and future medical expenses.
Insurance companies evaluate your case based primarily on the following factors:
In Florida, pain and suffering is calculated based on the impact of your injuries on your daily life, the severity and permanency of the injuries, and how the injuries have affected your mental and emotional health.
The time it takes to settle a car accident claim in Florida can vary widely. Simpler cases where liability is clear and damages are straightforward may settle in a few months. However, if there are disputes over fault or the severity of injuries and damages, the process can take a year or more. The timeline also depends on the insurance companies involved and whether a lawsuit is necessary.
To potentially speed up your case, ensure that you:
Winegar Law Injury Lawyers are personal injury and car accident lawyers dedicated to serving injury victims throughout Florida.
West Palm Beach Office
West Palm Beach Office
