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Motorcycle Accident FAQ

Our attorneys answer your questions

Do you have a question about your motorcycle accident? Make sure you get accurate information you can trust. Read the answers below to some of the most frequently asked questions about motorcycle accidents.

Free Case Consultation

Do you have a specific question about your motorcycle crash? Talk to an attorney at the Law Offices of Brent C. Miller, P.A. in Central Florida. We can answer all your questions during your free case evaluation. That way, you can decide on the best approach for you.

Don't delay. Contact us today. We're here for you when you need us most.

Common questions

What are common causes of motorcycle accidents?

Motorcycle accidents happen for many different reasons. Some of the most common causes include:

  • Drivers who claim they "didn't see" the motorcyclist
  • Texting drivers (and other forms of distracted driving)
  • Drivers changing lanes without warning
  • Tailgating drivers
  • Speeding drivers
  • Impaired drivers (alcohol or drugs)
  • Reckless drivers

These are just a few of the most common causes. Our law firm can carefully review the details of your case, then help you decide the best approach for helping you get the financial compensation you rightfully deserve.

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What factors pertaining to motorcycle accidents should I be aware of?

If you are a fan of motorcycles, there are factors that you should know about to protect yourself before and after an accident occurs. It is crucial to stay up-to-date on your responsibilities as a motorcycle rider, as well as the rights that you are entitled to after a motorcycle accident. Wear protective clothing and gear. This can help prevent you from being held responsible for the motorcycle accident. Keep as many records as possible. This includes financial and medical information. You should also invest in a journal to document your daily experiences. This can help you advance your claim later. And keep your motorcycle properly maintained.

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What should I do after a motorcycle accident?

After a motorcycle accident, it is normal to experience feelings of fear and panic. However, it is crucial to maintain your composure and handle yourself in a manner that will ensure your safety and well-being. Remain at the scene and remember to:

  • Behave as calmly as possible. Avoid engaging in arguments and other heated forms of discussion with the parties involved. Do not place blame on other individuals and do not impose additional damage on any of the property or people involved. Instead, kindly request and exchange contact information with the parties involved. If you wish to pursue a claim, this type of behavior may harm your chances.
  • Check yourself and your surroundings for injuries. Because motorcyclists don't have surrounding protection, it is more likely that they will suffer serious injuries. Always be sure to check for injuries and call for help. If possible, remove your motorcycle and large debris from the road so that others are not harmed.
  • Report the accident to the local authorities. It is best to report the details of a motorcycle accident with local authorities early when your memory is clear and fresh. Plus, reporting the accident with local authorities will provide documentation of the accident.

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What should I do if I'm injured in a motorcycle accident?

After sustaining injuries in a motorcycle accident, the most important thing to do is to obtain medical care. Even if you do not suffer any visible injuries, you should get a comprehensive medical examination so that any internal injuries can be ruled out. A full medical report is also helpful should you decide to pursue a legal claim.

After getting medical attention, contact your insurance company. Then contact a Florida motorcycle accident attorney.

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A vehicle turned left in front of me while I was riding a motorcycle. Who is considered at fault?

In most cases, the driver will be considered at fault. However, if it is proven that you acted negligently while operating your motorcycle, for example by running through a traffic light, then the driver of the vehicle may not be considered at fault.

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Will my recovery award be limited due to health insurance coverage or paid sick leave from work?

No. If your claim is successful, you will receive full compensation for the damages that you are eligible to recover. It is likely that the at-fault party will be responsible for reimbursing any fees you paid to your health insurance company.

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Am I required to wear a motorcycle helmet in Florida?

In the state of Florida, you are only required to wear a helmet if you are under the age of 21 and if you have less than ten thousand dollars' worth of medical insurance coverage.

However, it is always wise to wear a helmet when operating a motorcycle, whether you are riding for personal or professional purposes.

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Is it possible to recover damages from the other driver if I was not wearing a helmet?

Yes, it is possible to recover damages from the other driver if you were not wearing a helmet, but you may experience challenges. When pursuing a legal claim, the success of your case will depend greatly upon the proven negligence of the driver involved. Even still, it is best to rely on a personal injury lawyer for representation.

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Should I call the police if I'm involved in a motorcycle accident?

Yes. It is always advisable to report the motorcycle accident to the local authorities. You should always call 911.

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Is it possible to hire a Florida attorney if I'm in a motorcycle accident in another state?

You have the right to hire a lawyer if you are a Florida resident. Insurance companies operate nationally, so it is possible to work with a Florida attorney on a motorcycle accident case that occurred within a different state. If it is necessary to retain an out-of-state attorney to help handle your case, we will find a capable lawyer and split our fee with the other firm.

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Should I contact a Florida lawyer after riding to Florida for Bike Week?

Yes. Visit our accident law firm in Clermont to speak with a well-versed Florida motorcycle accident attorney for assistance.

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Is an investigation of my motorcycle accident case necessary?

Yes. An investigation of your motorcycle accident case is likely to help your claim. This process will lead to a full understanding of how the accident occurred, who was at fault for the accident, and the type of damages that you may be eligible to recover.

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How long do I have to pursue a motorcycle injury case?

We recommend that you take legal action as soon as possible. However, per Florida motor laws, you have up to four years to pursue a motorcycle injury case following your accident.

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Can I still sue the driver who hit me if I do not have motorcycle insurance?

Motorcycle insurance is necessary and required for riders. If you lack motorcycle insurance, you will face significant challenges when attempting to sue. It is best to allow an attorney to represent you. In order to pursue a successful lawsuit, you will need enough evidence to prove in a court of law that the driver caused the accident.

For more information on Florida laws and policies pertaining to motorcycle accidents, contact the Florida personal injury lawyers at the Law Offices of Brent C. Miller, P.A. We offer free initial consultations and we would be happy to provide guidance and support after your motorcycle accident.

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205 E Burleigh Blvd Tavares, FL 32778
Phone: (352) 343-7400
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Phone: (352) 637-3900
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8564 Co Rd 466 #204A
The Villages, FL 32162
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Phone: (352) 394-1312