Motorcycles offer an exhilarating experience on the open road, but they also pose risks for riders because they are less stable and provide less protection than cars and are less visible to other drivers in larger vehicles. If you are injured in a motorcycle crash involving another driver’s negligence, my firm, the Law Offices of James Jean-Francois, P.A., provides the personalized attention and skilled representation you deserve.
Motorcycle accidents can occur for a number of reasons, such as:
How much blame the jury places on you or the other driver depends on the circumstances. I will analyze the facts of your case, determine whether you have a valid personal injury claim for your damages and estimate your chances of prevailing in a settlement or in court.
Studies show that the most common injuries suffered by motorcyclists in road accidents include:
Wearing a helmet can reduce, but not eliminate, the risk of head trauma and death. If you are injured while riding a motorcycle, I can estimate the damages you should seek based on your current and long-term needs.
Florida is a no-fault state, so you must first claim against your own personal injury protection (PIP) insurance policy for your medical bills, lost wages and other out-of-pocket expenses. If you’ve suffered severe, permanent injuries that exceed your PIP limits, you may be able to sue another party at fault.
You can sue for economic damages, such as medical expenses, rehabilitation costs, lost wages and diminished earning capacity, that exceed PIP coverage. You can also seek noneconomic damages, such as pain and suffering and reduced enjoyment of life, which often require expert testimony to prove.
You normally have four years from the accident to file a lawsuit. There are circumstances in which the statute of limitations can be tolled (suspended), such as where the injured person is adjudged to be mentally incapacitated. Survivors of a person killed in a crash have two years to file a suit.
As the complaining witness, you will need to answer questions under oath, both in writing and in person, and to produce medical records and other documents to substantiate your injuries. You also will be required to submit to an independent medical examination (IME) and possible to testify at trial.
Yes, but Florida’s doctrine of pure comparative negligence apportions damages based on fault. You can win compensation from another party to the extent they were responsible for the crash. However, they can also recover damages from you for their own injuries to the extent you were at fault.
Nothing can guarantee that you won’t crash your bike, but there are some things you can do to make that less likely:
Even the most careful riders can become involved in an accident. If you are, my firm stands ready to represent you and seek the full, fair compensation you deserve.
The Law Offices of James Jean-Francois, P.A. provides trustworthy representation for people injured in motorcycle accidents in the Hollywood, Florida area. To schedule a free consultation, call 954-780-8505 or contact me online. My office is conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.