Motorcycle Accident Lawyer in Tampa

L Pincus Law is helmed by a motorcycle accident lawyer with extensive experience representing individuals in Tampa, Florida.

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There is nothing more freeing than the feeling of riding a motorcycle, especially in a sunny and picturesque location like beautiful Tampa, Florida. While most motorcycle excursions are safe and enjoyable, some rides end in serious injury or tragedy.

Our personal injury attorney knows that motorcyclists have a higher chance of sustaining injuries than other motorists. If you have been the victim of a motorcycle crash in Tampa or the Hillsborough area, you should hire a skilled and experienced personal injury lawyer to represent you.

Working with a motorcycle accident attorney ensures that you will have a better chance of securing the compensation you need to recover your life.

Rider about to meet a motorcycle accident attorney in Tampa

Why You Should Hire a Personal Injury Attorney After a Motorcycle Accident

The choices you make following a motorcycle accident can have a lasting effect on you and your family. Hiring a personal injury attorney after a motorcycle accident simply ensures that you have a voice in the proceedings that follow. Our attorneys will do all they can to secure the proper compensation for you and your loved ones. They are familiar with motorcycle cases here in Tampa and the ways that insurance companies try to undercut an individual’s claim.

Motorcycle involved in personal injury case in Tampa

How Is Fault Determined in a Motorcycle Accident Case?

Most lawsuits involving a motorcycle accident are pursued under the theory of negligence. Another individual or entity can be proven to have been negligent if your attorney establishes that there was a duty of care and that duty of care was breached by some act or omission, resulting in an injury. Your attorney must prove that the injury was a direct result of that breach.

In Florida, which is a comparative negligence state, a percentage of the fault can be attributed to more than one party. Traditionally, the party determined to be at fault would be responsible for all the damages suffered by the victim, but in Tampa a percentage of the fault can be attributed to more than one party. For one driver to be responsible for all damages, it must be proven that they were the only negligent party involved in the accident. All individuals sharing a roadway have a duty of care toward one another. As such, the severity of each party’s breach will determine their degree of fault.

An example: Say that a motorcyclist had the right of way and a car fails to yield to that motorcyclist. In the ensuing accident, the driver of the car would be responsible for 80% of the fault and the motorcyclist likely 20%. When receiving their compensation, the motorcyclist would have 20% of the final amount deducted. Additional factors can affect a party’s percentage of fault, such as whether or not the motorcyclist was wearing a helmet or whether or not that helmet was buckled on properly. Parties that may be held liable for a motorcyclist’s damages include drivers of other vehicles, the motorcyclist, pedestrians, bicyclists, or the municipality where the accident occurred.

What Are The Leading Causes of Motorcycle Accidents in Tampa?

Florida is the worst state for motorcycle accidents in the country. A number of things could go wrong on a routine motorcycle outing that could result in a crash, like a car merging into your lane unexpectedly or a piece of debris left on the highway by a construction crew.

Below are a few common causes of motorcycle accidents in the Tampa area:

  • Lane Splitting – In every state except California, lane splitting is illegal, but that doesn’t stop plenty of motorcyclists from riding between the lanes on highways.
  • Roadway hazards – Loose gravel, debris, and potholes are just some of the many roadway hazards drivers encounter each day, and motorcycle drivers are even more susceptible to these dangers than individuals operating a car. If you crashed due to dangerous road conditions, you may have a case against the maintenance crew and possibly the government if the maintenance is part of a government agency.
  • Alcohol use – Motorcyclists under the influence of alcohol or drugs cause the majority of single motorcycle accidents. While under the influence, a motorcyclist may drive too closely to other cars or swerve off the road.
  • Distracted drivers – Motorcyclists are harder to see on the road than cars, and for that reason a distracted driver can easily collide with a motorcyclist. Drivers using their phones and not paying attention to the road are a significant cause of accidents.
Injured motorbike rider recovering at home in Tampa
Distracted driver about to cause a motorcycle accident in Tampa

Why Florida Is a Dangerous State for Motorcyclists

According to the National Highway Traffic Safety Commission (NHTSC), Florida is the most dangerous state for motorcyclists. In 2015, 606 motorcycle collisions ended in fatalities, which was a 30% increase from 2014. The two most commonly cited reasons for the abnormally high number of motorcycle crashes in Florida are more motorcycle drivers on the road and a higher number of distracted drivers in Florida.

Common Damages Resulting From Motorcycle Accidents in Florida

Motorcyclists can easily be devastated by a motorcycle accident. Serious injuries can occur, such as spinal cord injuries, traumatic brain injuries, or multiple bone fractures, all of which are common. These injuries can cost thousands of dollars in medical expenses and require the motorcyclist to take time away from work, resulting in lost wages. With a successful personal injury attorney, you could recover the following damages…

Special Damages

These are damages unique to the case, like the victim’s exact lost income, medical expenses, property damage repairs, legal fees, and court costs. An attorney will calculate these damages through medical receipts and proof of out-of-pocket expenses.

General Damages

General damages are those suffered by the majority of motorcycle accident victims. They can include mental anguish, physical pain and suffering, emotional distress, and lost quality of life or capacity to earn. They are more difficult to provide proof of than special damages.

Punitive Damages

Punitive damages are those awarded by a judge if they believe that compensatory damages were not enough to compensate a victim. They serve to punish a defendant for gross negligence and harm and are not a part of every motorcyclist’s case.

Highway prior to truck accident in Tampa

Common Types of Motorcycle Injury Claims in Tampa

Depending on the main cause of collision, there are a few different areas that motorcycle injury claims can fall. The goal of the case is always to secure compensation for the victim’s personal injuries and other damages, but the type of suit filed may differ according to the specifics of the case.

  • Product liability – A defective auto part contributed to your injury or accident.
  • Negligence – You could have a case against a person or another driver.
  • Wrongful death – Appropriate if someone else, such as a drunk driver, caused the death of a loved one.

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How To Protect Yourself After A Motorcycle Accident

The best way to protect yourself and your loved ones after a motorcycle accident is to find an experienced, trusted attorney to handle your case. The lawyers at our firm are tenacious and will do everything in their power to ensure you receive the compensation you are owed. There is no better course of action to ensure you are protected following a motorcycle accident than contacting an attorney.

Our legal team is ready to seek the appropriate settlement for you. Contact us by phone at (813) 333-1343 or use our contact form.

We are available for more serious legal cases 24 hrs a day, 7 days a week. Don’t just get the representation that you need, get the representation that you deserve.

Please contact L Pincus Law, PLLC for a free initial consultation. Experienced personal injury representation is just a phone call away.