After being involved in a motorcycle accident, you probably have a lot of questions. Here we provide information to assist you with understanding your rights and hopefully get you started on the right track.
What Should I Do After a Motorcycle Accident?
The moments immediately following a motorcycle accident are the most critical period to an insurance claim. Your success in recovering fair compensation will typically hinge on the following steps:
- Call 911 if anyone involved requires emergency medical care at the scene. If not, still notify the police so an accident report can be made.
- Gather evidence. Take photographs and videos of the scene and, in particular, the position and damage to the vehicles, skid marks, surrounding property damage, your injuries, and anything else that could help you establish fault.
- Seek medical care as soon as possible. Not only is it vital to your health, but it also provides documentation of the extent of your injuries and their link to the motorcycle accident.
- Keep a record. Write down your version of how the accident occurred, obtain the police report, collect copies of any medical records and pay stubs, keep track of accident-related expenses, and write down your daily symptoms and pain.
- Speak to an attorney. Before speaking to an insurance adjuster, consult with a motorcycle accident lawyer. An attorney can advise you on how to proceed and can handle the claim on your behalf.
Should I Speak to the At-Fault Party’s Insurance Company?
It is in your best interests to protect your potential claim by consulting with a lawyer before talking to the at-fault party’s insurance adjuster. Unfortunately, representatives from insurance companies are known for extracting information from unsuspecting victims that can later damage their injury claims. In fact, you don’t even necessarily have to notify your own insurance company of the motorcycle accident—if you hire a West Palm Beach motorcycle accident lawyer right away, they can do that for you.
Can I Still Recover Compensation if I Was Partially at Fault
Yes, you can still recover compensation if you were partly to blame for your motorcycle accident in Florida. The state’s rule of pure comparative negligence will apply. Under this law, each party involved can recover compensation, but it will be reduced by their percentage of liability. For example, if you are found 30% at fault for the accident and awarded $100,000, you will only receive 70% of your award, or $70,000.
How Much Does a Motorcycle Accident Lawyer Charge?
Most motorcycle accident lawyers in Florida represent clients on a contingency fee basis. This is a type of agreement where your attorney advances any costs related to preparing and prosecuting your case. You are only responsible for paying legal fees if you win.
When there is a settlement or favorable verdict, a motorcycle accident lawyer will generally take 25 to 40 percent of the award. Most often, it is 33% or a third of your compensation, but some attorneys may reduce or increase their fee based on the length of your case, the amount of work it takes to resolve, or the amount of money you recover. If you lose, you will not owe your attorney anything except possibly court costs for filing.
We Can Help
If you or a loved one has been involved in a motorcycle accident, contact LaBovick Law Group. We offer free consultations and can discuss your options for obtaining the compensation you deserve. Call (561) 623-3681 or send us a message online today.