Were you injured in a motorcycle-involved collision? As the victim of this type of crash, you have the legal right to take action and pursue compensation in response to your injuries. However, you don’t have to find your way through this process alone.
Instead, let a motorcycle accident lawyer in Clearwater take on your case. At Brooks Law Group, we have recovered over $300 million for our clients. As a law firm established in 1992, we’ve been serving the local community for more than three decades.
As attorneys with over 100 years of combined experience, we can advocate for your rights while representing you as your personal injury lawyer in Clearwater. The sooner you call, the sooner we can help.
Florida Laws That Apply to Motorcycle Crashes
Florida law gives motorcycle riders the right to use a full traffic lane. At the same time, the state has specific rules governing how motorcycles can operate on roadways. Florida Statutes section 316.209 prohibits motorcycle riders from engaging in these behaviors:
- Overtaking and passing another vehicle in the same lane
- Operating between lanes of traffic
- Operating between adjacent lines or rows of vehicles
Motorcycles can operate two abreast in a single lane, but no more than two motorcycles can ride abreast in one lane. These rules can become relevant when an insurance company argues that a rider violated a traffic law.
That said, a traffic citation doesn’t automatically answer every question about civil liability. Your Clearwater motorcycle accident attorney can examine the complete circumstances of the collision, including the actions of every person involved.
Furthermore, these details can affect how insurance companies evaluate claims:
- Whether a rider wore a helmet
- Whether a rider had the required insurance coverage
- Whether a rider allegedly violated another traffic rule
Those details should be examined alongside the evidence concerning how the collision occurred and what caused the injuries. But this brings up the importance of Florida’s helmet law, which is another rule that often comes up in motorcycle injury claims.
Florida generally requires motorcycle riders to wear federally compliant protective headgear. A person over 21 may ride without a helmet if covered by an insurance policy providing at least $10,000 in medical benefits for injuries from a motorcycle crash.
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Understanding How Fault Works in Motorcycle Accidents
The state of Florida abides by a comparative fault system when determining damages in negligence actions. Under Florida Statutes section 768.81, your financial recovery is usually reduced by the proportion of shared fault assigned to you.
In other words, if you’re more than 50% at fault for your harm, you generally cannot recover damages under the state’s comparative fault statute. This can be especially dangerous for injured motorcyclists.
Insurance companies might try to assign you a greater share of responsibility for the crash than you deserve. Here’s what these arguments often bring up:
- Speed
- Lane position
- Visibility
- Traffic violations
- Following distance
- Other circumstances surrounding the collision
However, an insurer’s version of events doesn’t automatically establish fault. Your Clearwater motorcycle accident lawyers in Clearwater can investigate the evidence and challenge unsupported allegations of negligence on your behalf.
For example, a driver who turns left in front of a motorcycle, changes lanes without seeing a rider, follows too closely, runs a red light, or drives while distracted could bear responsibility for a resulting collision.
The driver’s actions must be evaluated alongside the rider’s conduct and the available evidence from the scene. The goal of investigating liability is to establish what actually happened rather than relying on assumptions about motorcycle riders.
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What Clearwater Motorcycle Accident Lawyers Can Do For You
Hiring a Clearwater motorcycle accident lawyer is not only about filing a lawsuit. Much of the work involved in a motorcycle accident claim happens before a case ever reaches a courtroom.
Here’s how your attorney can help you:
- Investigating how the collision occurred and identifying potentially responsible parties
- Gathering photographs, video, witness statements, crash reports, and other evidence
- Reviewing available insurance policies and applicable coverage
- Communicating with insurance companies on your behalf
- Collecting medical records and documentation of treatment
- Documenting lost income and other financial losses
- Consulting appropriate professionals when accident reconstruction is needed
- Investigating potential defective motorcycle components
- Negotiating with insurers regarding a potential settlement
- Preparing a lawsuit when a fair resolution cannot be reached through negotiations
- Representing you throughout litigation and, when necessary, at trial
The right legal approach depends on what caused the crash, the severity of your injuries, and the evidence available to your legal counsel, as well as the parties and the insurance policies involved.
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Look to Brooks® Law Group for Advice From Our Motorcycle Accident Attorneys in Clearwater
At Brooks Law Group, our Clearwater motorcycle accident attorneys prioritize communication. This is an important part of how we work with our clients. Our law firm also has case managers who will consistently follow up with you and keep you informed throughout the process.
Meanwhile, your motorcycle accident lawyers in Clearwater will handle the legal work. This includes investigating the accident, speaking with insurers, pursuing fair compensation, and preparing cases for litigation when necessary. We also work on a contingency-fee basis.
As a result, you won’t have to worry about paying any upfront attorney fees before having your case reviewed by our lawyers. For compassionate and client-centered representation, Look to Brooks® today to discuss your case.
Call or text (800) 529-3030 or complete a Free Case Evaluation form
