What to Do After a Motorcycle Accident in Florida

Motorcycle accidents are unfortunately common in Florida, a state known for its beautiful weather and scenic roadways that attract many motorcyclists. If you find yourself involved in a motorcycle accident, it can be a traumatic and confusing experience. Knowing the steps to take immediately following the accident can make a significant difference in ensuring your safety, protecting your legal rights, and securing fair compensation for your injuries and damages.

What to Do After a Motorcycle Accident

The first and most important step after a motorcycle accident is to check for injuries. Your health and safety, as well as that of others involved in the accident, should be your top priority. If you or anyone else is injured, call 911 immediately to request medical assistance. Even if injuries seem minor, it is still crucial to get a medical evaluation as some injuries, like concussions or internal damage, might not be immediately apparent.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Once you have ensured that everyone is safe, the next step is to contact the police. A police report will be an essential piece of evidence when filing an insurance claim or pursuing legal action. Cooperate fully with the officers, providing accurate and detailed information about the accident. However, be cautious about admitting fault or making statements that could be used against you later.

While waiting for the police to arrive, gather as much evidence from the accident scene as possible. Take photographs of the vehicles involved, any visible injuries, road conditions, traffic signals, and any other relevant details. If there are witnesses, obtain their contact information and statements. This evidence can be invaluable in establishing what happened and who was at fault.

After the immediate aftermath of the accident is addressed, notify your insurance company about the accident. Provide them with all the necessary details and cooperate with their investigation. It is essential to understand that insurance companies often aim to minimize payouts, so consider consulting with a legal professional before accepting any settlements or signing any documents.

Florida follows a no-fault insurance system, meaning that your insurance will cover your medical expenses and lost wages regardless of who was at fault in the accident. However, this system has limitations, and if your injuries are severe, you might be entitled to pursue a claim against the at-fault party for additional compensation. This is where legal guidance becomes crucial.

Legal Considerations and Actions

In the wake of a motorcycle accident, understanding your legal options is critical. Florida’s legal landscape can be complex, particularly when it comes to personal injury and insurance claims. A legal professional can provide invaluable assistance in navigating these complexities, ensuring that your rights are protected and that you receive the compensation you deserve.

One of the first legal steps to consider is filing a personal injury claim. If the accident was caused by another party’s negligence, you might be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Proving negligence involves demonstrating that the other party owed you a duty of care, breached that duty, and caused your injuries as a result.

Client Testimonial

Collecting evidence and building a strong case is essential for a successful personal injury claim. This includes medical records, accident reports, witness statements, and any other documentation that supports your claim. An attorney can help gather and organize this evidence, as well as represent you in negotiations with insurance companies or in court if necessary.

In some cases, the at-fault party might dispute liability or the extent of your injuries. Having a legal professional on your side can help counter these disputes effectively. They can also ensure that you adhere to all legal deadlines, such as the statute of limitations for filing a personal injury lawsuit in Florida, which is generally four years from the date of the accident.

Additionally, if the motorcycle accident resulted in a fatality, surviving family members might be eligible to file a wrongful death claim. This type of claim seeks compensation for the emotional and financial losses suffered by the family due to the death of their loved one. The legal processes and requirements for wrongful death claims can be intricate, and having experienced legal representation is crucial.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Navigating Insurance Claims

Dealing with insurance companies after a motorcycle accident can be challenging. Insurance adjusters often employ various tactics to minimize the payout or deny the claim altogether. Understanding how to navigate these interactions is key to securing fair compensation.

When communicating with insurance companies, it is important to provide accurate and consistent information. Avoid making speculative statements or admitting fault, as these can be used to undermine your claim. Instead, stick to the facts and refer to any documented evidence you have collected.

Insurance companies may request a recorded statement or ask you to sign a release form. It is advisable to consult with a legal professional before complying with these requests. A recorded statement can be used against you, and signing a release form could limit your ability to pursue further compensation.

If your insurance claim is denied or you are offered a settlement that does not cover your expenses adequately, you have the right to appeal the decision. This process can be complex, and having legal representation can significantly improve your chances of a successful appeal.

Seeking Medical Treatment

Seeking immediate and ongoing medical treatment after a motorcycle accident is essential, not only for your health but also for your legal case. Medical records provide crucial evidence of your injuries and the impact they have had on your life. Make sure to follow all medical advice and attend all follow-up appointments.

Documenting your treatment and recovery process can strengthen your claim for compensation. Keep records of all medical visits, treatments, medications, and any other related expenses. This documentation can demonstrate the extent of your injuries and the associated costs, which is critical for calculating fair compensation.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Emotional and Psychological Impact

The aftermath of a motorcycle accident is not limited to physical injuries. The emotional and psychological impact can be profound, affecting your quality of life and ability to function. It is important to recognize and address these effects, seeking professional help if necessary.

Therapy or counseling can be beneficial in coping with the trauma of an accident. Documenting your emotional and psychological struggles can also support your claim for non-economic damages, such as pain and suffering. These damages aim to compensate for the intangible effects of the accident on your life.

Taking Legal Action

When considering legal action after a motorcycle accident, timing is crucial. Florida law imposes a statute of limitations on personal injury claims, typically four years from the date of the accident. Missing this deadline can bar you from pursuing compensation, so it is important to act promptly.

Consulting with a legal professional early in the process can help ensure that you take the necessary steps within the required timeframe. They can guide you through the complexities of filing a lawsuit, from gathering evidence to negotiating with opposing parties.

Getting You the Justice You Deserve

At Serrano Law, we are committed to standing by your side and providing the guidance you need to overcome difficult situations. Contact us today for a consultation, and let us help you navigate the path to justice and recovery.