Tampa Motorcycle Accident Lawyer
Florida is a wonderful place to take an afternoon motorcycle ride with friends or to have a motorcycle as your primary mode of transportation because of the year-round good weather. Unfortunately, Florida has some of the more dangerous roads in the country and when a traffic collision occurs, a motorcyclist is likely to sustain severe injuries. If you or a loved one has recently been involved in a motorcycle crash caused by another driver, it is important to speak to a knowledgeable lawyer about next steps to take. A lawyer will help you determine whether you have a personal injury claim that you can file and advocate on your behalf for maximum compensation from the insurance companies involved. Our skilled Tampa motorcycle accident lawyers at Matassini Law Firm can help.
Common Motorcycle Injuries Sustained From a Crash
Motorcyclists are vulnerable road users. Aside from a helmet and potentially some protective clothing, there is little that stands between a motorcycle and the other vehicle or the pavement when a collision occurs. As a result, the injuries from a crash can be life-threatening and life-altering. Injuries commonly sustained from a motorcycle crash include:
- Traumatic brain injury or concussion;
- Spinal cord injury and/or paralysis;
- Amputated limb;
- Burns;
- Lacerations;
- Broken bones;
- Contusions; and
- More.
What Does Compensation Cover?
A motorcycle crash can turn a person’s life upside down. One moment they may be out enjoying the open road and then they are hit by a distracted driver and rushed to the hospital in an ambulance. All thoughts of family responsibilities, work schedule, and future plans go out the window while the long, arduous recovery process begins. Motorcycle crashes are not only painful physically, but they can cause emotional trauma and financial burdens. Compensation takes all of these factors into consideration and will cover the following damages:
- Medical care;
- Future anticipated medical care;
- Lost wages due to recovery;
- Lost earning potential due to disability;
- Emotional distress;
- Pain and suffering;
- Property damage; and
- More.
Comparative Negligence
Insurance companies do their best to deny paying insurance claims. Florida is a comparative negligence state, which means if a person is found even partially at fault for their injuries, the compensation can be reduced by the percentage they are found responsible. It is important to work with an experienced motorcycle accident attorney who can help investigate your case to prove you should be held zero percent liable for the crash and put pressure on the insurance company to pay the maximum compensation possible.
Florida’s motorcycle helmet law and comparative negligence for head injuries
Florida recently reformed its helmet law so that riders 21 years old and over, who have $10,000 medical insurance, can ride without a helmet. Eye protection or a windshield is mandatory. However, the new law does not address the question of whether a defendant can site the absence of a helmet as contributory negligence. The argument would be that by failing to wear a helmet, the rider caused his or her injuries to be greater than they would have been.
According to The Florida Law Journal, the law is unsettled in Florida, and other states split on the issue. For instance, Arizona treats the failure to wear a helmet similarly to the failure to use a seat belt. Arizona does not hold a car accident defendant accountable for harm that would not have occurred had the victim buckled up, nor does it allow recovery for head injuries a rider would not have sustained had a helmet been worn. Hawaii, on the other hand, declines to allow a helmet defense, because the state does not recognize the seat belt defense.
Florida recognizes the seat belt defense, but the law on helmet defense is unsettled. If you or a loved one has sustained a head injury while riding without a helmet, you truly need an experienced accident attorney who is prepared to argue against Florida adopting a helmet defense.
Attentive service from engaged professionals
The Matassini Law Firm dedicates our energy to pursuing justice for injured Floridians. We’re committed to fighting in your corner through every step of the process. As with trucking and auto accidents, if your injuries prevent you from coming to our office, we’re more than happy to visit you at your home or in your hospital room, anywhere in central Florida.
Contact the Tampa Motorcycle Accident Attorneys at Matassini Law Firm, P.A.
If you or a family member has been hurt while riding a motorcycle in the Tampa area, one of the best steps you can take for your future is to contact the skilled Tampa motorcycle lawyers at Matassini Law Firm. We will answer all of your questions about the process of filing a personal injury claim, compile documentation of what your case is worth, and negotiate with the insurance companies for compensation. While nothing can take away the trauma of a motorcycle crash, a personal injury claim can give you the best chance of recovery. Contact our offices at 813-217-5715 to schedule a free consultation today.
