Motorcycle Accident Lawyer in Destin, Florida

Motorcycle accidents can result in severe and sometimes permanent injuries that drastically affect your life. If someone else’s negligence caused your motorcycle accident, you can file a personal injury claim to recover compensation.

A personal injury claim can help cover your medical expenses, compensate for lost wages while you’re off work recovering, and pay you for your pain and suffering. If you want to file a claim, contact the Destin motorcycle accident lawyers of The Bruner Law Firm for a free consultation about your case.

What Is a Personal Injury Claim?

A personal injury claim is a lawsuit against another party who caused your injuries with their negligent or intentional actions. In the case of motorcycle accidents, injured riders often bring personal injury claims against other motorists responsible for causing the crash.

Something important to know about motorcycle accidents in Florida is that they work slightly differently than other vehicle accidents. Florida’s no-fault car accident laws mean most injured motorists file a claim against their insurance rather than the at-fault driver’s. These laws do not apply to motorcycle riders, however.

A motorcycle rider injured in a crash with a car, truck, or any other vehicle can file a personal injury suit against the other party instead of filing a claim against their insurance.

Common Motorcycle Accident Injuries

Even riders who wear full protective gear can suffer severe injuries after a motorcycle accident. Being hit by another vehicle, thrown from your bike, or having your bike land on you can have devastating consequences. Some of the most common injuries suffered by motorcycle riders include:

• Broken and Fractured Bones – Breaks and fractures can occur during the initial impact that caused the crash, from hitting the ground after falling from your bike or from striking another object, like a barrier or second vehicle.
• Road Rash – If the accident causes you to slide across the road’s surface, especially if you aren’t in full protective gear, you can suffer road rash when the pavement acts like sandpaper against your skin. Getting treatment for road rash as soon as possible is essential so it doesn’t become infected.
• Traumatic Brain Injuries – Striking your head on the vehicle that hit you, the ground, or another object can cause a traumatic brain injury. These are severe injuries that could leave you with lifelong impairment and require around-the-clock care.
• Spinal Cord Injuries – A spinal cord injury has the potential to leave you partially or fully paralyzed. While not always the case, these can be life-altering injuries and will take time and surgeries to heal, even in the best cases.
• Internal Organ Damage – Internal organ damage can lead to severe internal bleeding and other life-threatening complications. Even if you initially feel fine, you should get checked by a medical professional after any crash to make sure you don’t have internal injuries.

You should follow up with your medical treatments for your personal injury claim. Continuing your treatments to completion will help establish the severity of your injuries and the necessity of the treatments so you can receive compensation for them.

How to Prove Fault After a Motorcycle Accident

Proving fault in your personal injury claim relies heavily on the evidence your attorney gathers. You’ll need to show that the other motorist’s actions were negligent and that they caused your injuries.

One of the best forms of evidence is video evidence, such as from a nearby security or traffic camera. If there’s footage showing the other motorist doing something dangerous, like going through a red light or failing to check for you when turning, that will help your case.

Your attorney may also use eyewitness testimony to back up your claim. Expert witnesses can also provide valuable insight into various aspects of your case. A medical expert may speak on your injuries, a financial expert may speak on your lost earning potential, and a crash reconstruction specialist may show the jury how the crash happened.

Destin Motorcycle Accident Injury Lawyer

If you suffered injuries resulting from a motorcycle accident caused by someone else’s negligent actions, you can file a personal injury claim against them to recover compensation for your injuries.

Contact the Destin motorcycle accident attorneys of The Bruner Law Firm online or at (850) 243-2222 for a free consultation. We’ll review your case, explain your legal options, and answer any other questions you have. Our team is committed to fighting for the rights of injured riders.

Frequently Asked Questions

We have answered some of the questions we get from our new clients below for your information.

What Should I Do Immediately After a Motorcycle Accident in Destin?

The first thing you should do after a motorcycle accident is call 911. When the police arrive, they’ll take statements from you and the other motorist involved. Their report can help support your personal injury claim later on.

Having EMTs check you for injuries at the scene would be best. Even if you feel fine, you may have internal injuries that you won’t notice for a few days, such as a concussion, internal organ damage, and some back injuries.

It’s essential to seek medical treatment as soon as possible after your accident, both for your recovery and your claim. If you did not seek treatment early on, the other party may say it’s because your injuries are not as bad as you say. Having a record of your injuries and treatments is crucial.

How Can a Motorcycle Accident Lawyer Help Me with My Case?

A motorcycle accident lawyer can help you with your case in various ways. They’ll assist you in filing your claim, making sure it’s done right and within the statute of limitations.

Your attorney will also investigate your claim and gather evidence that supports your case. This evidence could be traffic camera footage, eyewitness statements, expert witness testimony, and more.

They’ll also represent you in settlement negotiations with the other party, making sure the opposing attorneys don’t take advantage of you with a lowball offer. And if your case goes to trial, they’ll present all the evidence they collected and seek the maximum compensation Florida law allows.

What Compensation Can I Receive after a Motorcycle Accident in Destin?

Through a personal injury claim, you can seek compensation for various economic and non-economic damages you suffered. Economic damages are tangible losses with fixed costs, and non-economic damages are intangible losses with more variable costs. Types of compensation you can seek include:

• The medical costs you’ve incurred, including surgeries, medical treatments, prescription medications, and medical devices. Importantly, you can seek compensation for both your past and future (expected) medical costs.
• The income you’ve lost from being out of work while recovering. You can also seek compensation for future lost wages and a loss of earning capacity if you cannot work at all or at the same level you once could.
• The cost of home services you can no longer perform due to your injuries, such as yard work or cleaning.
• The physical pain and suffering you experienced due to your injuries. It would be best if you kept a “pain journal” where you write down your pain levels each day that your attorney can use to justify your sought compensation.
• The emotional distress you experience due to your injuries, such as the loss of enjoyment of life or embarrassment because of severe scarring.

How Long Do I Have to File a Claim After a Motorcycle Accident in Destin?

Personal injury claims, like those filed after a motorcycle accident, have a two-year statute of limitations. If you fail to file your claim within this time limit, the courts may bar you from seeking compensation for your injuries.

An experienced motorcycle accident attorney can assist you in filing your claim and any other forms you may need to file throughout the personal injury claims process.

What if the Other Driver Doesn’t Have Insurance or Is Underinsured?

Collecting your full settlement or compensation award can be more challenging if the driver who caused your injuries doesn’t have insurance or is underinsured.

In the case of an underinsured motorist, their insurance provider will cover the cost up to the limit of their policy. Beyond that, however, you may have to seek the rest of the compensation from the driver directly, which could be problematic if they can’t afford it.

Your attorney can petition the court to enforce the judgment if you have trouble collecting compensation. This could involve having the money come directly out of the motorist’s paychecks so they can pay it over time.

What Is Comparative Fault?

Comparative fault is a legal framework that reduces the compensation you can receive by your percentage of liability in the accident. Florida’s comparative fault law also bars compensation recovery for anyone who was more than 50% at fault.

The opposing attorneys will attempt to use this law against you to limit their client’s liability. Part of your attorney’s job is to use the evidence they gathered to limit your liability, thus maximizing your compensation payout.