If you or a loved one was involved in a motorcycle accident, you have certain legal rights under Florida laws. An Okeechobee motorcycle accident lawyer at Steinger, Greene & Feiner can help you understand your rights and pursue a claim for monetary compensation. Our personal injury lawyers have been representing the rights of injured motorcycle and car accident victims since 1997. We are here and ready to schedule a free consultation to evaluate your case, so contact us today to learn more about how we can help.
Common Causes of Motorcycle Accidents in Okeechobee
From 2021 to 2022, Okeechobee county experienced a 60% increase in motorcycle crashes and a striking 233.33% increase in injuries related to motorcycle accidents in Florida according to the Traffic Crash Facts report. In 2023, according to the FLHSMV report, there were 14 motorcycle accidents in the county, with 13 resulting in injuries and one proving fatal.
Motorcycle crashes in Okeechobee often stem from a mix of driver errors, challenging road conditions, and environmental factors, which can lead to serious injuries for riders who lack the same protection as drivers in enclosed vehicles. Common causes include:
- Distracted Driving: Drivers who are texting, adjusting controls, or otherwise distracted often fail to notice motorcycles, especially in blind spots or at intersections, leading to crashes that can result in severe injuries for motorcyclists.
- Failure to Yield and Unsafe Left Turns: Many accidents occur when drivers misjudge a motorcycle’s speed or distance, particularly during left-hand turns. Collisions from these scenarios can cause traumatic injuries due to the direct impact on riders.
- Speeding and Aggressive Driving: High-speed driving and sudden maneuvers reduce reaction times, increasing the risk of rear-end and side-impact collisions, which are especially dangerous for motorcyclists and often result in head, spine, or limb injuries.
- Impaired Driving: Alcohol or drug impairment compromises drivers’ abilities, posing a serious threat to motorcyclists who are highly exposed and susceptible to injuries like fractures and road rash upon impact.
- Road Hazards: Potholes, uneven surfaces, and debris may destabilize motorcycles, leading to loss of control and subsequent injuries, from abrasions to more critical injuries like broken bones.
- Reduced Visibility from Weather and Water Proximity: The county’s proximity to lakes and marshlands brings fog, rain, and high humidity, which obscure visibility and create slick surfaces, heightening the risk of serious accidents and injuries.
These factors make it essential for motorcyclists in Okeechobee to remain vigilant and prepared for sudden road changes, as even a minor collision can lead to injuries requiring extensive recovery.
Common Injuries in Okeechobee Motorcycle Accidents
Motorcyclists in Okeechobee face a high risk of severe injuries due to limited protection and the area’s unique road conditions. Common injuries include:
- Head and Traumatic Brain Injuries (TBI): Impacts can lead to concussions or TBIs, even with helmets, often requiring long-term care.
- Spinal Cord Injuries: High-speed collisions may cause partial or complete paralysis, significantly affecting daily life.
- Fractures: Falls and collisions frequently result in broken bones, especially in limbs and ribs, leading to prolonged recovery.
- Road Rash and Soft Tissue Injuries: Skidding on rough roads can cause serious abrasions and damage to muscles and tendons.
- Internal Injuries: Blunt-force trauma may hurt organs and require urgent treatment.
Okeechobee’s unique environmental factors can intensify these injuries, making extensive medical care and rehabilitation essential for recovery.
What to Do After a Motorcycle Accident
After a motorcycle crash, taking immediate steps can make a significant difference in both your health and your ability to pursue a fair settlement amount.
- Ensure Safety and Call for Help
If you can move to a safe location away from traffic without worsening your injuries, do so. Immediately call 911 to report the accident and request medical assistance, even if your injuries seem minor. - Seek Medical Attention
Get medical help right away, as some injuries, like internal damage or concussions, may not be immediately apparent but can worsen if untreated. Ensure all medical assessments are documented for your records. - Document the Accident Scene
Take photos of the accident scene, including vehicle positions, road conditions, damage to your motorcycle, and any visible injuries. This evidence can be vital in establishing the cause and fault. - Gather Contact Information
Collect names, phone numbers, and insurance information from the other driver(s) involved. Also, get contact details from any witnesses, as their accounts may support your claim. - File an Official Police Report
Cooperate with law enforcement to create a police report, which provides an official record of the incident. Obtain a copy of this report, as it may be critical for insurance claims and legal proceedings. - Preserve All Medical Records and Expenses
Keep all medical records, treatment bills, and receipts related to your injuries and recovery. These documents are essential in calculating compensation for medical expenses and ongoing care. - Consult with a lawyer before Speaking to Insurers
Insurance companies may contact you soon after the accident. It’s advisable not to provide any statements until consulting with an Okeechobee personal injury attorney who can advise you on protecting your rights.
Each step you take after a motorbike accident plays a crucial role in protecting your health, safeguarding your rights, and maximizing your potential for fair compensation under the law.
Florida Laws on Motorcycle Collisions
Motorcycle accidents are treated differently from car accidents under Florida law, as motorcycles fall outside the state’s no-fault insurance system. This distinction impacts how injured motorcyclists pursue compensation, placing a greater burden on them to establish fault and seek damages directly from the responsible party.
Protecting Your Rights after a Motorcycle Wreck
Although Florida law ensures that motorcycle accident victims will be taken care of when a motorist causes a wreck, the law also makes motorcyclists responsible for protecting their own legal rights and for being proactive in pursuing a claim for compensation. Motorcycle accident victims will need to file a personal injury claim or negotiate a settlement with the motorist’s insurance company in order to obtain compensation for a wreck. Often, it is prudent to have an experienced Okeechobee motorcycle accident attorney handle the insurance company and/or a court case to solidify your legal position and maximize the opportunity to be compensated.
No-fault insurance and Motorcycle Exemptions
Unlike standard car accident cases in Florida, motorcycle accident claims fall outside the state’s no-fault insurance rules. Drivers typically use their Personal Injury Protection (PIP) insurance to cover minor injuries regardless of fault, but this coverage does not apply to motorcyclists. In the case of a motorbike accident, injured riders must seek compensation directly from the at-fault driver’s insurance. This unique position places a greater burden on motorcyclists to establish the other driver’s fault and justify their claims.
Helmet Laws
Florida’s helmet law allows riders over 21 to forgo helmets if they carry a minimum of $10,000 in medical insurance. However, in accident claims, the absence of a helmet can reduce compensation if it’s shown that the lack of helmet use contributed to head injuries.
Comparative Negligence and Fault Determination
Florida operates under a comparative negligence rule, meaning compensation may be reduced if the motorcyclist is found partially at fault for the accident. For example, if a rider shares 20% of the fault, their potential payout is reduced by that percentage. Understanding this rule is crucial for accident victims, as any degree of fault could impact the overall recovery in their claim.
Statute of Limitations
Recent changes to Florida law reduced the statute of limitations for personal injury claims to two years for incidents occurring after March 24, 2023. This shortened timeframe emphasizes the need for injured motorcyclists to act promptly to file a claim.
Compensation for Motorcycle Accident Victims
Economic Damages
Compensation for motorcycle accident injuries often includes coverage for medical expenses, both immediate and future, as well as costs for ongoing rehabilitation and any necessary medical equipment. Lost income, including projected future earnings, if injuries affect long-term work capacity, is also typically recoverable under law. These economic damages are crucial for victims facing extensive recovery periods and financial strain following an accident.
Non-Economic Damages
Florida law also permits motorcycle accident victims to pursue non-economic damages. This accounts for the emotional and physical toll of the accident, encompassing pain and suffering, emotional distress, and loss of enjoyment of life. These claims recognize that the impact of a motorcycle crash goes beyond physical injuries, affecting the victim’s quality of life and well-being.
Wrongful Death Damages for Families
In the tragic event of a fatal accident, surviving family members may file a wrongful death claim to seek compensation for lost companionship, funeral expenses, and the lifetime income the deceased would have contributed. Florida’s wrongful death statute is designed to offer financial support to families coping with loss and to hold the at-fault party accountable for the enduring harm caused.
Maximizing payout often depends on thorough documentation, including medical records, proof of lost income, and evidence of the at-fault driver’s negligence. Let’s look at how it’s established.
How Liability is Determined After a Motorcycle Accident
Liability in a motorbike accident case rests on proving that another party’s negligence directly caused the injuries. Under Florida law, establishing liability involves demonstrating that the at-fault driver failed to exercise reasonable care on the road. This might include evidence of speeding, distracted driving, failing to yield, violating traffic signals or other accident causes that we discussed. In many cases, law enforcement reports, witness statements, and accident scene photos are crucial in reconstructing the event to establish fault.
Additionally, if the motorcyclist is found to bear partial responsibility, Florida’s comparative negligence rule will apply. This means any awarded compensation will be reduced by the motorcyclist’s percentage of fault.
To build a strong personal injury case, promptly documenting injuries and damages, obtaining police records, following all steps outlined in What to Do After an Accident, and consulting with a motorcycle accident lawyer can significantly impact the outcome. Insurance companies often attempt to shift blame onto motorcyclists, relying on stereotypes to minimize their payout. At our personal injury law firm, our skilled motorcycle crash lawyers counter these tactics, ensuring fault is accurately assigned and the injured party’s rights are fully protected.
Protecting Your Rights after a Motorcycle Wreck
After a motorbike crash, you have the right to compensation when another driver is at fault, but motorcyclists must proactively protect their own rights. Unlike car accident cases covered by no-fault insurance, motorcycle accident victims need to file a personal injury claim or negotiate a settlement directly with the at-fault driver’s insurance.
At Steinger, Greene & Feiner, our goal is to alleviate the stress of navigating a claim, allowing you to focus on healing. Insurance companies often attempt to minimize payouts, but our team understands the tactics they use and actively counters these strategies to secure full, fair settlement.
With a team of over 30 attorneys and 140 support staff, including investigators, our Okeechobee motorcycle accident attorneys are equipped to handle complex cases efficiently. You won’t pay any fees unless we win a settlement or court award on your behalf. Trust us to be by your side throughout the process, providing guidance and fighting for the compensation you deserve. Contact us for a free consultation to begin your claim or visit our law office at the address: