During the past two decades in Florida, the annual number of motorcycle accident fatalities has more than doubled. Although motorcycles account for just 3% of vehicles on the road in Florida, nearly 17% of all traffic accident-related fatalities in the state were motorcyclists. These are sobering statistics that underscore the critical need for drivers and motorcyclists alike to exercise due caution when enjoying the Sunshine State’s roadways. May is Motorcycle Safety Awareness Month—the perfect time for both bikers and drivers to remind themselves of their responsibilities while on the road.

Why Is May Motorcycle Safety Awareness Month in Florida?

Statistically speaking, most motorcycle accidents and related catastrophic injuries tend to be clustered during just a few months of the year. Spring and fall are the times most dangerous for motorcyclists to be on the road. This is why springtime is the perfect time to remind everyone to share the road safely. Of course, motorcycle accidents can and do happen throughout the year. Even after Motorcycle Safety Awareness Month is over this year, it’s crucial to keep the following safety tips in mind.

Motorcycle safety tips for drivers

A study by the Florida Department of Transportation discovered that drivers of vehicles are at fault for causing more than half of the motorcycle accidents in the state. Drivers often fail to see motorcyclists on the road because they may not be watching out for them. Motorcycle accidents are far more likely to occur when drivers are distracted, impaired, or speeding, or misjudge the distance or speed of a motorcycle. During Motorcycle Safety Awareness Month, it behooves drivers to pay attention to the following safety tips:

• Check your blind spots and be mindful of other vehicles’ blind spots before merging into another lane by physically turning your head; don’t merely rely on your mirrors.
• Remember that a motorcycle may look farther away than it is because of its small size. Always tell yourself that a motorcycle is closer and traveling faster than it appears.
• Allow more following distance when a motorcycle is ahead of you. Motorcyclists often slow down by downshifting, so watching out for brake lights is not a foolproof method of determining when you need to brake.

Motorcycle safety tips for riders

Motorcycle accidents are commonly caused by drivers, not riders. However, it’s always a good idea for new and experienced riders alike to take a few moments to review smart safety practices. This Motorcycle Safety Awareness Month, remind yourself of the following:

• Check the forecast – Inclement weather can make the roads far more hazardous, and Florida is notorious for frequent thunderstorms.
• Inspect your ride – Make sure your lights, turn signals, brakes, tires, and similar components are in good working order.
• Be visible – Keep your headlights on, even if it’s midday and the sun is shining, and try to stay out of drivers’ blind spots.

It’s also a good idea to take a motorcycle safety class, even if you’re an experienced rider. Plus, you may get a discount on your insurance by doing so.

Consult our team of Florida motorcycle accident lawyers

No matter how careful you are while you’re riding your bike, you can’t control the actions of drivers. If you’ve been hurt in a motorcycle accident, you can put your trust in the legal team at Kogan & DiSalvo. We routinely secure significant settlements and jury awards for our injured clients, and we look forward to helping you get your life back on track. Contact us today for a free case evaluation. After reviewing your case and determining fault, our motorcycle accident lawyers will explain your options for pursuing legal recourse.

Our expert services are available across Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach. Give us a call!

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However, the rules are different for motorcyclists. Florida PIP insurance treats motorcycles differently than other types of vehicles, and the options for compensation differ as well.

A Florida motorcycle accident lawyer can help you pursue fair compensation for your injuries and losses from an accident caused by a careless driver. Contact Kogan & DiSalvo for free today, or call (561) 375-9500.

What Are The Motorcycle Insurance Rules in Florida?

Florida PIP insurance is only required for the operators of motor vehicles with four or more wheels. As a result, motorcyclists are not eligible for PIP coverage.

If you choose to ride a motorcycle without a helmet, you are required to carry a minimum of $10,000 in medical insurance to cover potential accident-related injuries. This is the equivalent of the minimum $10,000 in PIP insurance required of other motorists.

However, $10,000 is likely to be far less than you need to cover your medical care in the event of an accident. Motorcycle accidents have a high likelihood of catastrophic injuries.

Florida is unique in that the owners of motorcycles are not required to present proof of insurance when they register the vehicle. However, whether by purchasing liability insurance or qualifying for self-insurance, you do need to meet the requirements set forth by Florida’s financial responsibility law:

• $10,000 in bodily injury liability per person
• $20,000 in bodily injury liability per accident
• $10,000 in property damage liability

If you are judged to be at fault for an accident, not having insurance can leave you personally liable for thousands of dollars in damages sustained by people injured in the crash. You may also face penalties if you are uninsured.

For these reasons, it is important to purchase sufficient insurance so you are covered whether you are at fault or not.

What Should Motorcyclists Know About PIP Insurance?

The lack of no-fault insurance for riders is a double-edged sword. On the one hand, injured motorcyclists do not have recourse to PIP insurance for partial coverage of their medical expenses and lost wages. Motorcyclists are also required to prove that the driver of the other vehicle was at fault for the accident to recover damages.

On the other hand, motorcyclists can sue after an accident regardless of the severity of their injuries. They can pursue full compensation without having to reach the statutory thresholds that apply in other motor vehicle accident claims.

What Are My Insurance Options After a Motorcycle Accident?

Motorcyclists injured in accidents often turn to their health insurance to help pay for medical treatment. Optional insurance coverage (such as medical payments and/or uninsured/underinsured motorist insurance) can also help offset some of the additional costs depending on the circumstances of the accident.

If you have been injured in a motorcycle accident, you should contact a Florida motorcycle accident lawyer as soon as possible to discuss your rights and legal options. Unlike motorists, the riders of motorcycles have the immediate option to file a claim against the at-fault driver.

It is crucial to know who is at fault for the motorcycle accident that caused your injuries. Unfortunately, motorcyclists are often too severely hurt to stay on the scene and exchange information. A motorcycle accident attorney in Florida can take the following steps on your behalf:

• Investigating the scene: If you are unable to take photos of the accident site, your lawyer can enlist investigators and other professionals to document conditions and gather evidence.
• Identifying the at-fault driver(s): The police report is the primary means of determining who else was involved in the accident. Your attorney can contact the local police department to get a copy of the report and review it for key information about the accident and the at-fault driver.
• Assessing insurance coverages: The majority of fault-based accident claims in Florida involve filing a claim against the at-fault driver’s insurance carrier. Before filing a claim on your behalf, your lawyer can review the coverage the other driver has in place as well as potential coverage under your own insurance.
• Negotiating with the insurance company: Trying to negotiate a fair settlement on your own after a motorcycle accident is virtually impossible. Most riders don’t know how much a motorcycle accident claim is worth, and the insurance company will attempt to pay you as little as possible. An experienced attorney can handle the claim on your behalf, including negotiations with the insurer, reviewing potential settlement offers, etc.
• Taking your case to court: Insurance companies often treat injured motorcyclists unfairly. They may dispute liability for the accident or attempt to pay you less than your case is worth. Although most motorcycle accident claims are resolved via settlement, it is important to hire a lawyer who will go to trial on your behalf if it means obtaining the ideal outcome.

Each of these represents a crucial step in bringing a claim against the driver who caused your motorcycle accident. If you have been injured or lost a loved one, the last thing you should have to deal with is the complexity of an insurance claim.

Contact a Florida Motorcycle Accident Lawyer Today

The no-fault insurance system in Florida can be confusing, especially for motorcyclists. If you are unsure what to do after a motorcycle accident, the attorneys at Kogan & DiSalvo can help.

Our team has the experience, resources, and results to help you explore all of your options for obtaining compensation. This includes assessing your own motorcycle insurance coverage and filing a claim against the driver who caused the accident. We negotiate with the insurance company on your behalf with the goal of maximizing your recovery. Our lawyers will not hesitate to go to trial if it means achieving a better outcome for you.

Please contact Kogan & DiSalvo by calling (561) 375-9500 today for a free consultation. Our motorcycle accident attorneys serve clients throughout Florida from offices in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach, and throughout Florida.

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However, statistics do not support these claims. The landmark Hurt Report revealed that the drivers of automobiles are responsible for accidents with motorcycles two-thirds of the time.

In most cases, then, injured motorcyclists will be able to bring a claim against the driver for causing the accident. Unfortunately, at-fault drivers and insurance companies often contest liability for motorcycle accidents.

The motorcycle accident lawyers at Kogan & DiSalvo can help if you were injured or lost a loved one in a crash with a careless driver. Contact us today for a free consultation, or call (561) 375-9500.

How Do Drivers Cause Motorcycle Accidents?

You must establish negligence on the part of the driver to recover compensation in a motorcycle accident claim. Negligence behind the wheel can take many different forms.

An experienced motorcycle accident lawyer can gather evidence on your behalf to prove that the driver of the other vehicle was at fault for the crash. Common causes of motorcycle accidents for which a motorist may be liable include:

Failure to Spot the Motorcyclist

Motorcycles have a much smaller profile than other types of motor vehicles. Nonetheless, drivers are expected to look for motorcycles and use appropriate caution when moving through intersections, changing lanes, etc.

An inattentive driver who does not watch out for motorcyclists may pull into the path of an oncoming bike, leaving the rider with no time to avoid the crash, or hit the motorcycle directly. Both types of accidents commonly occur when drivers fail to yield and turn left into a motorcyclist who is approaching or riding through an intersection.

Speeding

Excess speed is a major contributor to all types of vehicle accidents. A speeding driver may fail to slow down in time to avoid hitting a motorcyclist.

Speeding is often a factor in rear-end accidents. When hit from behind, motorcyclists are likely to be thrown from their bikes, potentially resulting in serious and even fatal injuries.

Distracted Driving

Texting while driving, as well as performing other activities on a handheld mobile device, is illegal in Florida. In spite of the ban on texting and driving, however, many motorists still succumb to this and a number of other distractions behind the wheel.

Common causes of distracted driving accidents include:

• Talking on the phone
• Engaging in conversation with passengers
• Playing loud music
• Interacting with children and pets
• Eating
• Drinking
• Smoking
• Changing radio stations

Even if the type of distraction they engage in is not prohibited by law, motorists still face civil liability if they drive distracted and cause an accident. With limited protection in the event of a crash, motorcyclists are highly vulnerable when other drivers are distracted.

Drunk Driving

Another unlawful act that puts motorcyclists in significant jeopardy is drinking and driving. Consumption of alcohol increases reaction time, diminishes visual acuity, and impairs good judgment – all issues that make it unsafe to drive.

Even sober drivers may fail to see motorcycles if they are not paying attention. When riding in the vicinity of a drunk driver, motorcyclists are at an even greater risk of being in an accident.

Carelessly Opening Car Doors

Drivers and passengers can cause motorcycle accidents even if their vehicle is stationary. If the occupant of a parked car fails to look over their shoulder before opening the door, a passing motorcyclist may crash into the door.

With other types of vehicles, accidents like this typically result in nothing more than property damage and a scare for the occupants. For motorcyclists, however, open door accidents can lead to catastrophic injuries.

Read More: What Is the Average Payout for a Motorcycle Accident?

Who Else Can Be At Fault for Motorcycle Accidents?

The majority of motorcycle accidents involve a collision with another vehicle where the other driver is at fault. However, a significant number of motorcycle crashes are single-vehicle accidents.

If you crash your motorcycle without colliding with another vehicle, you may assume that you are at fault. However, other parties may be wholly or partly liable for the accident.

Potential issues in single-vehicle motorcycle accidents include:

Motorcycle Defects

Faulty parts can cause any vehicle to crash. However, motorcyclists are at a much greater risk of injury if one or more components on a bike fail.

Errors in the design and manufacturing of crucial parts such as the chain, the tires, the handlebars, and more can all cause a motorcycle to crash. The failure of the bike can result in a collision with another vehicle, a stationary object, or throw the rider onto the pavement. 

You may be able to bring a product liability claim against the manufacturer of the motorcycle and/or the maker of a defective part. Thorough evaluation of the bike is crucial for determining if a defect contributed to the crash.

Dangerous Roads

Many aspects of motorcycle safety are dependent on the condition of the road. If the roadway is wet, slippery, uneven, or damaged, it can be difficult for motorcyclists to maintain control.

Roads are maintained by government entities. You may be entitled to compensation if you can prove that negligence on the part of the government made the road unsafe and caused your motorcycle accident.

Contact a Motorcycle Accident Lawyer Today

Reckless drivers and other parties commonly at fault for motorcycle accidents will rarely accept responsibility on their own. Furthermore, insurance companies will seldom offer fair compensation to injured motorcyclists – if they offer a settlement at all.

The Florida motorcycle accident attorneys at Kogan & DiSalvo have recovered millions on behalf of motorcycle accident victims and their families. We are committed to holding the at-fault party or parties accountable and recovering compensation for the full extent of your losses.

View Our Results

Motorcycle accidents require prompt investigation. Thorough gathering of evidence is crucial to build an effective claim. At Kogan & DiSalvo, we undertake the challenges of your case while providing support at every stage of your recovery.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case review. Our motorcycle accident lawyers serve clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach, and throughout Florida.

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You may assume that significant compensation is available after a motorcycle accident. While this may be true in your case, it is important not to make assumptions based on the “average” financial verdicts and settlements you might see online. The accident victims in these cases are not you; the extent of their injuries and damages, the circumstances of the accident, and other factors may be entirely different from the situation you face.

An experienced motorcycle accident attorney at Kogan & DiSalvo can pursue the compensation you deserve after a motorcycle wreck in Florida. Contact us today for a free case review.

How Is a Motorcycle Accident Payout Calculated?

Effectively, the sum of all of the damages you have incurred as a result of the motorcycle accident represents the compensation you may be able to recover. Damages in an accident claim can be divided into two categories: economic and non-economic.

The economic damages for which you can seek payment in a motorcycle accident claim include:

• Medical bills
• Lost wages
• Loss of earning capacity (the loss of future income and benefits as a result of being unable to work)
• Out-of-pocket expenses connected to the accident

Non-economic damages that may be recoverable after a motorcycle accident include:

• Pain and suffering
• Emotional anguish
• Scarring and disfigurement
• Disability
• Loss of enjoyment of life
• Loss of consortium (adverse impact on familial relationships, including relations with your spouse and children)

The damages in your case will depend on the specific losses you sustain. An experienced lawyer can assess the evidence and advocate for the full compensation you deserve after a motorcycle accident.

Does the Florida No-Fault Law Affect My Motorcycle Accident Compensation?

Because Florida is a no-fault state, many auto accident victims face several limitations to the compensation they can recover:

• Victims must first file a claim with their own insurance company.
• The right to sue an at-fault driver is limited to cases involving permanent injury, significant and permanent loss of a bodily function, significant and permanent scarring, and/or death.
• The state-mandated personal injury protection (PIP) insurance offers no coverage for pain and suffering and other non-economic damages.
• PIP insurance only covers a percentage of economic losses (such as medical expenses and lost wages) from the accident.

However, because a motor vehicle is defined as a “self-propelled vehicle with four or more wheels,” the no-fault law does not apply to motorcyclists. This affects your motorcycle accident payout in two different ways.

First, you will not have recourse to your PIP car insurance, as PIP coverage does not apply to motorcycles. Second, your principal option for recovering compensation is a fault-based claim against the driver who caused the accident.

On the one hand, injured motorcyclists do not have access to the no-fault benefits that other motorists do in the event of an accident. However, on the other hand, motorcyclists have a broader right to sue for damages – and thus a greater opportunity to recover full compensation after a motorcycle accident.

What Should I Expect from a Motorcycle Accident Payout?

It is important to understand that insurance companies do not like to compensate accident claimants fairly. Even if the driver of the other vehicle was 100 percent at fault for the accident, you may still face obstacles to a fair payout for your injuries and damages.

An insurance payout that fairly compensates you for your motorcycle accident losses is earned, not guaranteed. With this in mind, it is crucial to contact a motorcycle accident attorney who can calculate the damages in your case, discuss your options for filing a claim, and represent your interests in negotiations with the insurance company.

Insurance companies are more likely to agree to fair payouts when claimants have legal representation. This is especially true if your attorney has extensive legal experience and a reputation for taking cases to trial.

Generally, insurance companies want to avoid the time and expense of going to court. The most common payout for damages takes the form of a settlement negotiated between your lawyer and representatives for the insurer. However, in the event that a fair settlement cannot be reached, it is important to know that your attorney has the willingness and capability to take your case to trial.

Contact a Motorcycle Accident Attorney Today

The majority of motorcyclists suffer serious injuries in the event of an accident. Tragically, some crashes result in fatalities.

If you have been injured or lost a loved one in a motorcycle accident, you may be entitled to compensation. At Kogan & DiSalvo, we pride ourselves on raising the bar in our handling of accident claims. The majority of our attorneys are recognized as Board-Certified Civil Trial Specialists by The Florida Bar, and we have achieved significant recoveries on behalf of clients in motorcycle accident claims.

Please call (561) 375-9500 today for a free case review. Our motorcycle accident attorneys serve clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach, and throughout Florida.

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Be a Defensive Driver

Our dedicated team encourages you to be a proactive driver by following defensive driving habits, including:

• Be alert at the wheel or on your bike.
• Never assume the size of the other vehicle as this may be a contributing factor to head-on collisions.
• Always look more than once in each direction when crossing at an intersection or turning—motorcycles can be difficult to see.
• Always look behind you and in blind spots while in traffic, and especially before changing lanes.
• Call the proper authorities, when it is safe to do so, if you see someone speeding or suspect someone to be under the influence of alcohol.

By utilizing defensive driving techniques, you can put yourself, and potentially other drivers, in a good position to avoid dangerous maneuvers from negligent drivers. However, our experienced team understands that crashes and accidents do happen. If you’ve been injured in a motorcycle accident, or have lost a loved one due to a motorcycle crash, know that our lawyers will fight for you to get the compensation you deserve.

Give us a call to schedule your consultation. We are proud to fight for our clients’ rights in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach, and surrounding South Florida areas.

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Share the Road

According to Florida Highway Safety and Motor Vehicles, in 2014, there were 9,854 motorcycle crashes in the state of Florida, with 427 of them being fatal and over 80% of them resulting in some form of injury. By adopting the idea of “sharing the road”, we can all do our part in reducing these numbers and statistics. This concept can only be successful with the motorcyclists’ participation as well: make yourselves visible to the other drivers.

Ride Sober

Drunk driving is a serious offense, no matter what type of vehicle you’re driving or riding. Statistics show that there is a high number of fatal motorcycle crashes due to intoxication. We urge all motorcycle riders (and drivers in general) to always ride/drive sober.

Look Twice

Motorcyclists are hard to see on the roads, especially at night or in busy intersections. We encourage other drivers on the road to always look twice in any direction to ensure the safety of motorcycle riders, and for motorcyclists to always drive defensively—never assume other drivers on the road can see you.

As the age old saying goes, “you start the game with a full pot of luck and an empty pot of experience. The objective is to fill the pot of experience before you empty the pot of luck.”

Contact the Motorcycle Accident Lawyers at Kogan & DiSalvo Today

If you’ve run out of luck and suffered a personal injury as the result of a motorcycle accident, our accident lawyers are here to help. Give our office a call at (561) 375-9500 to set up your free case evaluation. Our team proudly serves clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach and surrounding South Florida areas.

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Motorcycle Claims

In addition to these striking statistics, Florida motorcyclists are not protected by Florida Personal Injury Protection insurance. This means that as a rider, the only way to recover damages resulting from a motorcycle accident is to make a claim against the at-fault driver.

Understanding the complex issues regarding motorcycle insurance can be overwhelming, especially if you are recovering from serious injuries or grieving the loss of a loved one. At Kogan & DiSalvo, our motorcycle accident attorneys have in-depth knowledge of all the relevant Florida laws and the experience to take your case all the way through the legal process.

If you have been involved in a motorcycle accident in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach or any of the surrounding areas, please contact Kogan & DiSalvo Personal Injury Attorneys for a free case evaluation.

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Motorcycles, cars, trucks and all other types of vehicles need to share the road responsibly. While motorcycle riders often have to deal with a reputation for reckless driving, motorists in passenger vehicles are in fact frequently the cause of car vs. motorcycle accidents. As a driver, you can prevent getting in accidents with motorcycles by following ridesmartflorida.com’s safety tips for motorists:

• Expect that there are motorcycles on the roadway. Anticipating their presence is a good way to avoid being surprised.
• Provide the motorcycle with the full width of the lane. Even though they don’t take up the whole lane, they have a right to it. If you’re passing a motorcycle, don’t try to share their lane. Doing so is dangerous and they probably won’t be expecting it.
• Check your blind spots when you change lanes. It’s a fact: motorcycles can be hard to spot. They can easily be out of view in your blind spot. Check over your shoulder to make sure it’s clear.
• Double check before you turn. At intersections, stop signs and especially when making a left turn across oncoming traffic, make sure to double check for motorcycles.
• Provide motorcycles with proper following distance. Just like with other vehicles, tailgating a motorcycle can be dangerous. Allow a four-second following distance.
• Don’t drive distracted. Using a phone, texting and looking away from the roadway can lead to a severe accident. Distracted driving is a major source of accidents these days.

Contact The Motorcycle Accident Lawyers at Kogan & DiSalvo Today

By exercising proper care and being attentive drivers, we can all do our part to prevent motorcycle accidents and the devastating injuries they cause.

If you or a loved one has been injured in a motorcycle accident in the state of Florida, please contact the injury lawyers at Kogan & DiSalvo for a free case evaluation, or call (561) 375-9500 to learn more about our experienced Florida motorcycle accident attorneys.

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