Leesburg Motorcycle Accidents
Motorcycling is fun. A rider gets the feeling of the open road and can lean into a turn, feeling the curves of the roads. As a result, there is camaraderie among motorcycle riders. They enjoy riding together and talking about bikes. That’s why the Leesburg Bikefest has become so popular. Each year, over 200,000 people gather on the streets of downtown Leesburg. The event has music, food and entertainment. Everything revolves around motorcycles.
Unfortunately, an event like the Bikefest can be a dangerous place. The event brings thousands of motorcycle riders into town. Each year riders are injured or killed in motorcycle accidents. For example, one year a motorcycle rider was seriously injured at the event. A car pulled out in front of the motorcyclist and the rider had to lay the bike down to avoid crashing into the car. The rider was not injured, but a passenger on the bike suffered significant injuries. She was airlifted to a hospital. In another case, a car made a lane change and collided with a motorcycle. The driver of the vehicle did not see the motorcyclist. The motorcyclist died as a result of the accident.
Florida has some of the highest number of motorcycle accidents in the country. In 2012, the state had over 300 deadly motorcycle crashes. That accounts for a significant percentage of the 4,000 to 5,000 motorcycle accidents that occur nationally each year. A motorcycle rider is 30 times more likely to die in an accident than a person in an automobile. While it’s advised to wear a helmet, that doesn’t always help. A helmet only reduces a rider’s chance of dying in an accident by 40%. Motorcycles are more exposed and are often separated from their bike when the accident occurs.
The Complexities of Insurance
After a motorcycle accident, it can be challenging to receive compensation. Florida’s insurance laws are complicated. That is why you need a Leesburg personal injury attorney. A lawyer can help you and your loved ones understand the laws and find ways for you to be fairly compensated after an auto accident.
The first thing that an attorney must understand is the extent of the injuries that you suffered in the accident. To receive compensation from an automobile insurance company, a car passenger must pass a certain injury test. The accident must have caused either:
- Significant and/or permanent loss of an important bodily function
- Permanent injury
- Permanent scarring
- Disfigurement or death
A motorcyclist is not limited by this rule. You are entitled to lost wages and reimbursement of medical expenses no matter the extent of the injuries in the accident. You could also be entitled to pain and anguish suffered as a result of the accident as well as potential medical expenses.
Who’s at Fault?
An attorney must determine who caused the accident and whether the accident was a result of negligence. If the driver of the car was negligent and caused the accident, an attorney can help you potentially receive a significant financial settlement. Negligence happens when the driver is operating a vehicle under the influence of alcohol or, for example runs a red light, which is violating basic traffic laws.
It’s not easy to prove negligence in an accident. That is why you need a Florida personal injury attorney. The attorney will talk with you about your case and fight for your right to compensation. A lawyer will make sure you are professionally represented in the accident.
A settlement can happen several different ways. An attorney might decide to work directly with the car owner’s insurance company and negotiate a settlement. That can make the process easier and you can potentially receive compensation more quickly. The other possibility is a lawsuit, and you and your attorney will look to the courts to settle the case. It’s a challenging process and the main reason you need an attorney.
To prove negligence, the case must pass certain requirements. You must prove that the driver of the vehicle had a duty not to injure you but failed in that duty; that this failure is directly related to your injuries and that as a result you suffered damages.
During the process, personal injury protection insurance will come into play. Florida is a no-fault insurance state. The system is designed to keep parties that are injured in an accident out of court. PIP insurance applies to automobiles and not to motorcycles.
To gain leverage for the case, your attorney will have to gather facts. This might mean visiting the scene of the accident or talking with people who saw the accident. You attorney wants enough information to present a case for you and make sure you are fairly compensated and justice is served.
If you or a loved one has been injured in a Leesburg motorcycle accident, contact the Law Offices of James O. Cunningham, P.A. immediately at 877-FL-INJURY (877-354-6587) for a free initial consultation.
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- business5Motorcycle Accident
A car turned in front of me causing me to spend 2 days in the hospital with surgery. They had only minimum coverage. My insurance even claimed I had no uninsured motorist coverage. I was sure I was in for a long battle. I had never stayed in the hospital, hired an attorney or met James before. Did some online searching and gave him a call. James came through like a champ. Best phone call I’ve ever made.
- Gordon, a Personal Injury client0.3