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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 information that’s accurate and that you can trust. Read the answers below to some of the most frequently asked questions about motorcycle accidents.

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    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 you should know about to protect yourself before and after an accident. It is crucial to stay up-to-date on your responsibilities as a motorcycle rider and the rights you are entitled to after a motorcycle accident is crucial. 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 blame other individuals, and do not impose additional damage on any property or people involved. Instead, kindly request and exchange contact information with the parties involved.
    • 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 to local authorities early when your memory is clear and fresh. Plus, reporting the accident to local authorities will provide documentation of the accident.
    • See a doctor right away. Even if you think you’re ok, don’t simply assume you didn’t get hurt in your motorcycle accident. Many life-threatening motorcycle accident injuries aren’t visible on the outside. You could have a severe head injury, internal bleeding, or organ damage. See a doctor immediately.
    • Call a lawyer. The sooner you talk to a motorcycle accident attorney, the better. A lawyer can protect your rights and aggressively advocate for your best interests after a motorcycle wreck.

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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 and see a doctor immediately. Even if you do not suffer any visible injuries, you should get a comprehensive medical examination to rule out any internal injuries. A complete medical report is also helpful should you 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 you are eligible to recover. The at-fault party will likely 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 Florida, you are only required to wear a helmet if you are under 21 and have less than $10,000 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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    What should I do if I’m involved in a hit-and-run motorcycle accident?

    The same as any other serious motorcycle accident – call the police right away. Tell them as much as you remember about the driver or the vehicle that caused your hit-and-run motorcycle accident. Also, don’t follow the driver. You could put yourself in danger. Simply wait at the scene of your hit-and-run accident for police to arrive. They can start the investigation process right away.

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    How do I get a copy of my motorcycle accident report?

    When police respond to a motorcycle accident, the investigating police officer fills out an accident report. In Florida, this report is officially called a Florida Traffic Crash Report. There are several different ways you can get a copy of your report. But perhaps the easiest way is to contact our law firm. We can get a copy of your accident report and review it with you.

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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. However, insurance companies operate nationally, so working with a Florida attorney on a motorcycle accident case in a different state is possible. 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 complete understanding of how the accident occurred, who was at fault for the accident, and the type of damages 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 two 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. To pursue a successful lawsuit, you will need enough evidence to prove in a court of law that the driver caused the accident.

    Contact the motorcycle accident lawyers at the Law Offices of Brent C. Miller, P.A. for more information on Florida laws and policies about motorcycle accidents.

    We offer free initial consultations and would be happy to provide guidance and support after your motorcycle accident.

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      Free Case Consultation

      Tavares Office
      205 E Burleigh Blvd Tavares, FL 32778
      Phone:(352) 343-7400
      Inverness Office
      508 W Main St #101 Inverness, FL 34450
      Phone:(352) 637-3900
      The Villages Office
      8564 E County Rd 466 #204A
      The Villages, FL 32162
      Phone:(352) 753-2833
      Clermont Office
      Clermont OfficeAddress Clermont OfficeAddress
      Phone:(352) 394-1312