Practice Areas Motor Vehicle Accidents Motorcycle Accidents

How a Boca Raton Motorcycle Accident Lawyer Can Help You

If riding a motorcycle is more a way of life than a mode of transportation for you, then you are in good company. For many people, the thrill of cruising the open road on a motorcycle is one of life’s greatest joys. This is particularly true in South Florida, where you can enjoy beautiful rides along the beach. Unfortunately, our Boca Raton motorcycle accident lawyer knows that riding a motorcycle is also much more dangerous than driving a car.

If you have been injured in a motorcycle accident or any motor vehicle accident, you may be facing serious financial hardships associated with costly medical bills, ongoing rehabilitation, and lost wages from missed work while you recover. But you don’t have to go through this difficult time alone. Michael K. Grife will focus all of his energy on recovering the compensation you deserve so that you can focus your energy on recovering from your injuries.

A Boca Raton Motorcycle Accident Lawyer Can Help You Prove Your Case

No matter how obvious it may be that the other party is at fault, you will still need to prove your claim. In fact, you will need to prove four separate elements: 

1. The other party owed you a duty of care. This is rarely an issue in motorcycle accident cases, because all motorists have a legal obligation to drive safely. It could become an issue if your case involves the potential liability of third parties who were not directly involved in the accident. 
2. The other party breached their duty of care. This is where you must prove that they were negligent in some way. For example, you may have to prove that the other party was driving and texting at the time the accident occurred. 
3. The other party’s negligence caused the accident. In other words, you have to prove a causal connection between their negligent behavior and the accident. Using the example above, you have to prove that the other driver drifted into your lane and collided with you because they were driving and texting.  
4. The accident resulted in damages. This means that you were injured as a result of the accident and suffered other losses. However, you must be able to prove the extent of your injuries and other losses. For example, you cannot claim lost wages unless you can precisely document the precise amount of income you lost as a result of the accident. 

Failure to prove any one of these elements can result in your claim being denied. This requires gathering clear and convincing evidence, even just to submit your claim to the insurance company. Gathering the documents and other evidence you need can be overwhelming when you are injured and in pain. An experienced Boca Raton motorcycle accident lawyer will know how to build your case and can gather the evidence you need while you focus on your recovery. 

Proving Negligence in Motorcycle Accident Cases

Motorcycle accidents are often more complex than other motor vehicle accident claims. In many instances, there is no collision with another vehicle, even though an aggressive driver who failed to respect your right of way caused you to swerve to avoid an accident. These “near misses” caused by another driver’s negligence can still result in a devastating crash on your motorcycle. This can make proving negligence very challenging.

In his practice as a motorcycle accident lawyer in Boca Raton, Mr. Grife works with a team of accident reconstruction experts and biomechanical engineers who will investigate your case to determine the cause of your accident. Some of the most common negligent actions resulting in a motorcycle accident may include:

• Failing to yield the right of way to a motorcycle
• Cutting in front of a motorcycle
• Failing to check for a motorcycle before making a lane change
• Entering an intersection into the path of a motorcycle

With Mr. Grife’s help, you can hold the negligent driver responsible for these actions and recover the compensation you deserve.

What Kind of Evidence Do You Need in a Motorcycle Accident Case?

Even before you go to court, you will need evidence to support your claim. The stronger your evidence, the more likely the insurance company will offer fair compensation to settle your case. You will need two basic types of evidence to support your case. 

Evidence Concerning the Motorcycle Accident Itself

You will need evidence to prove when, where, and how the accident happened. More importantly, you will need evidence demonstrating that the other party is at fault. This could include the following: 

• The accident report prepared by the police
• Eye witness statements
• Statements made at the scene by the other party to the accident
• Video footage and photographs of the accident scene, damage to your motorcycle, and damage to the other vehicle
• Testimony or reports prepared by accident reconstruction experts

Some of this evidence you may have in your possession, while other evidence may be difficult to obtain. For example, you may need to file a subpoena in order to obtain traffic camera footage. Witnesses may need some assistance in preparing their statements to ensure that they are clear and concise. In extraordinarily complex accidents, an accident reconstruction expert may be able to identify the specific cause of the accident, but that evidence could come at considerable expense. A knowledgeable Boca Raton motorcycle accident lawyer will know precisely what evidence you need to prove your claim and how to get it. 

Evidence Supporting Your Damages 

In addition to proving that the motorcycle accident was caused by the other party’s negligence, you need to also prove that the accident caused your injuries and other losses. This evidence will include the following: 

• Your medical records
• Your medical bills
• Your pay stubs and other documentation of lost wages
• Estimates of the cost to repair or replace your motorcycle
• Testimony concerning your pain and suffering

You may need expert medical testimony to explain the severity of your injuries and how they will result in a permanent disability. In turn, you may need expert testimony as to your future medical costs and future lost income. 

One of the primary benefits of working with a Boca Raton motorcycle accident lawyer is that they can gather the evidence you will need to build the strongest possible case while you can focus on recovering from your injuries.

Florida’s Motorcycle Laws

Generally speaking, motorcycle riders are obligated to follow all rules of the road that apply to any other motor vehicle. That said, Florida has specific laws that govern the operation of motorcycles on public roadways similar to those in other states. Violations of these laws can complicate your case, but do not necessarily mean that you do not have a claim. If you were injured in a motorcycle accident and were issued a citation, you should discuss your case with a Boca Raton motorcycle accident lawyer as soon as possible.

Florida’s Helmet Laws

Unlike many other states, Florida does not require every motorcycle rider to wear a helmet. Florida’s helmet laws require the following:

• Riders under the age of 21 must wear a helmet when riding their motorcycle.
• Riders 21 and older have the option of either (1) wearing a helmet or (2) carrying insurance that provides at least $10,000 in medical coverage.

Lane Splitting

“Lane splitting,” i.e. driving between two lanes of traffic, is illegal in Florida

Lane Use By Motorcyclists

Motorcycle riders are entitled to the use of the entire lane. Two motorcycle riders may ride side-by-side in a single lane.

Headsets

Motorcycle riders must keep at least one ear free to hear traffic sounds at all times. As a result, a single Bluetooth earpiece is permissible, but wearing earbuds in both ears is illegal.

Maintenance

Florida law requires riders to maintain their motorcycles in good working order. For example, your brakes must be in good working order and you must have a working horn.

License Plates

Your license plate must be secure and able to be read at all times. Riders under the age of 21 may register their motorcycle in their name but must display special plates that identify the motorcycle as being owned and operated by someone under the age of 21.

Insurance

Florida is a “no-fault” insurance state, which means that all drivers must carry insurance that covers their injuries in the event of an accident. However, Florida does not require motorcycle riders to carry “no-fault” insurance. As a result, many bikers are surprised to discover that their only option to receive compensation is to pursue a claim against the at-fault driver.

It is also important to note that while motorcyclists are not required to carry no-fault insurance, they must still carry liability insurance to cover any losses they may cause to other parties. Failure to carry liability insurance could result in the suspension of your license.

A Boca Raton Motorcycle Accident Lawyer Can Help You – Even If You Were Partially at Fault

If you are injured in an accident, the other driver or their insurance company may try to claim that your negligence contributed to the accident as evidenced by a violation of one of these laws. However, Florida is a comparative negligence state. This means that you are entitled to recover compensation even if you were partially at fault in causing the accident.

It is not uncommon for drivers and motorcycle riders to disagree over who caused the accident. However, in order to prevail, you will need to prove your case. In this situation, the best thing you can do is contact a Boca Raton motorcycle accident lawyer to discuss what compensation you may be entitled to recover. Your attorney can gather the evidence you need to support your claim for compensation.

Motorcycle Injuries Are Often Catastrophic

Due to the lack of protection provided by a motorcycle, the injuries sustained by riders are often much more severe than injuries suffered in other types of motor vehicle accidents. Our Boca Raton motorcycle accident attorneys have seen that it is common to develop a catastrophic injury that may be life-altering or require long-term care.

Common motorcycle accident injuries include:

• Brain Injuries
• Spinal Cord Injuries
• Broken Bones
• Lacerations
• Disfigurement
• Road Rash
• Amputations

Mr. Grife understands the serious nature of these injuries. He can help you secure the important medical treatments you need, and he will evaluate every aspect of your injury in order to maximize your compensation.

What to Do if You Have Been in a Motorcycle Accident

If you later need to pursue legal action, the hours and days following your accident are critical to the success of your case. Whether the accident just happened or you are recovering at home, the most important thing you can do is remain calm and collected. To the extent possible, you need to keep a level head so that you can make the right decisions. Here are some steps you can take to protect yourself immediately after your accident, to the extent that you are able to: 

• Call the police. Even if the other motorist never stopped or if they think the police are necessary, it is important that you report the accident to the authorities. Assuming that they can arrive quickly, they can direct traffic to prevent further accidents. In addition, they can create an accident report. While accident reports are not necessarily incontrovertible proof, they can help document important facts such as the time, date, and location of the accident. 
• Get the contact information of any witnesses. Statements from uninvolved parties who witnessed the accident can be powerful evidence if you need to pursue a claim. They can help establish who was at fault and other important details surrounding the accident. At a minimum, make sure you get any witnesses’ cell phone numbers and email addresses, but it’s ideal if you can get their addresses, too. 
• Take pictures. Using your phone, take pictures of the scene of the accident, the damage to your bike, any injuries you are aware of, and anything else you can think of to document the accident and your injuries. Try to get pictures from multiple angles. The more pictures you take, the better. 
• Do not immediately decline medical treatment at the scene. Because of the adrenaline coursing through your body, it is common to be unaware that you are injured. It is okay to say “I don’t know” when someone asks if you are injured. Take your time to assess your condition. If you think you may need to go to the hospital, do not hesitate to go. 
• Make arrangements to get home. If you do not go to the hospital, you should not attempt to ride your motorcycle home unless you are completely certain that it is safe. It is very likely that your bike was damaged in the accident and is unsafe to ride. 

If you were seriously injured in the accident, you may not have been able to do any of those things. In that case, the best thing you can do to protect yourself is to reach out to a Boca Raton motorcycle accident lawyer for help. 

 In the days following your motorcycle accident, there are a few other steps you should take. 

• Get a thorough medical exam. Even if you think you are okay or received medical treatment immediately after the accident, it is important to get checked out by your doctor. 
• Follow your recommended treatment. We understand that it can be difficult to stay home from work or avoid physical activity, but following your doctor’s orders is important if you later need to pursue a claim. 
• Listen to your body following your checkup. Some injuries are not immediately apparent. While some stiffness and soreness may be common, you should seek follow-up treatment if they get worse or don’t seem to be getting better. You should also seek immediate treatment for any new symptoms that arise. 
• Ensure that your medical records clearly identify any injuries caused by the accident, what it will take to recover, and any limitations that they have caused. These will be critical for proving your case if you later need to pursue a claim. They can also help if you need to take a leave of absence from your job or need to go on light duty. 
• Keep copies of all bills, receipts, and invoices arising from your accident. You will need to prove your financial losses as a result of the accident. You should also keep copies of your pay stubs and other employment records so that you can prove any income that you have lost. 

If you have been seriously injured, we understand if all of this seems impossible. An experienced Boca Raton motorcycle accident lawyer can take the steps necessary to protect your rights so that you can focus on getting back on your feet. 

What Not to Do After Your Motorcycle Accident

Here are some common mistakes that people make that can jeopardize their case: 

• Admitting liability. Even though Florida is a “no-fault” state, admitting liability can be an issue if you need to later pursue a claim for losses not covered by insurance. Whether talking to the other party or the insurance company, the smallest, most harmless admission of fault can be used against you. You should be extremely careful about what you say, even if you think you may be partially to blame. 
• Posting about your accident on social media. Similarly, things that you say online can also come back to haunt you. Statements concerning the extent of your injuries or the cause of your accident can undermine your case. Even harmless posts, such as pictures from your vacation, can be problematic. Keep in mind that even if your profile is set to “private,” your social media posts can be obtained via subpoena. 
• Waiting too long to contact a Boca Raton motorcycle accident lawyer. Many people do not contact an attorney until they are out of options – they are facing a permanent disability, are in financial crisis, or are unable to provide for their families. Contacting a lawyer soon after your accident can help you understand your options from the outset. Furthermore, the sooner you engage a lawyer, the sooner they can get you the compensation you need to avoid a personal or family crisis.  

The Statute of Limitations in Motorcycle Accident Cases

In every type of personal injury case, there is a statute of limitations – the deadline by which you must file a lawsuit or you will lose your right to compensation. Recent legislative changes in the state of Florida have resulted in a two-year statute of limitations in motorcycle accident cases, which is half of what it used to be. As a result, motorcycle accident victims need to act quickly in order to ensure the best possible recovery. 

The statute of limitations is important even if you hope to avoid court. Insurance companies and other parties will not respond to your claim if the statute of limitations has passed. No matter how clearly the other party is at-fault or how badly you were injured, you will be unable to pursue your claim if the statute of limitations has expired. 

Two years may seem like plenty of time to pursue your case. However, vital evidence that you need to support your claim can be harder to obtain as time passes – memories fade, people move away, and documents get lost. The sooner you take action, the stronger your claim will be and the better your chances of getting the compensation you need. The sooner you contact a Boca Raton motorcycle accident lawyer, the sooner they can take the necessary steps to protect your rights. 

Who Is Responsible for Your Motorcycle Accident? 

Motorcycle accidents are often more complex than people realize and identifying who should be held accountable is not always as easy as it may seem. At The Grife Law Firm, we help injured motorcycle riders recover the compensation they need to rebuild their lives by pursuing claims against the following parties: 

Negligent Drivers 

All motorists have a legal duty to drive safely in order to avoid causing injury to any other users, including motorcycle riders. In order to prevail, you will have to prove that the other driver was negligent in some way. We represent motorcycle riders who have been injured as a result of the following types of negligence: 

• Unsafe lane changes
• Distracted driving
• Failure to keep a proper lookout
• Speeding
• Running red lights or stop signs
• Failure to yield
• Aggressive driving
• Unsafe passing
• Driving while under the influence of drugs or alcohol
• Driving while fatigued

In most cases, you will have minimal contact with the other driver, and instead, will deal primarily with the insurance company. That said, an experienced Boca Raton motorcycle accident lawyer from our firm can help you pursue a claim involving an uninsured or underinsured motorist.

A Negligent Driver’s Employer 

In some cases, the negligent motorist may have been driving while on the job. In these situations, you may need to pursue a claim against the driver’s employer. This of course includes drivers who carry passengers for commercial purposes, such as:

• Taxi drivers
• Uber and Lyft drivers
• Bus and shuttle drivers
• Limousine drivers

However, injured motorcycle riders may have to pursue their claim against any driver’s employer who was driving as a part of their job at the time the accident occurred. This can include the following: 

• Trucking companies
• Construction companies
• Delivery companies
• Utility companies
• Landscaping companies

These cases can be complicated and employers often aggressively defend themselves. As a result, it is crucial that you get a Boca Raton motorcycle accident lawyer to help you pursue your claim. 

Local, State, Or Federal Government

Unsafe road designs or poor maintenance can lead to very serious motorcycle accidents. You may be able to pursue a claim against county, state, or federal government agencies for road defects or negligent maintenance such as the following: 

• Missing or inadequate signage
• Curves that are too sharp for the posted speed limit
• Roads that do not properly drain or shed water
• Overgrown vegetation that impedes visibility and sightlines
• Unsafe merge lanes 
• Dangerously designed intersections
• Inadequate lighting
• Faded or missing lane markings
• Potholes
• Road debris

Because they involve pursuing a claim against a government entity, these cases can be very challenging and often require that you follow unique procedures. A Boca Raton motorcycle accident lawyer can help you navigate the process. 

Motorcycle and/or Parts Manufacturers 

A mechanical failure can instantly result in a serious accident. If a mechanical failure is caused by a defective motorcycle or part, the manufacturer can be held liable. A defect in the following parts could result in a catastrophic accident:

• The motorcycle frame
• The brakes
• The wheels or tires
• Fuel tank
• Engine

Proving that the motorcycle or part was defective is quite difficult, however. If you believe that your accident was caused by a defective part in your motorcycle, talk to a Boca Raton motorcycle accident lawyer at our firm as soon as possible.

Motorcycle Mechanics 

Mechanical failures can also arise from negligent repairs. For example, improperly installing a tire can lead to a blowout and cause an accident. Failure to tighten nuts and bolts to specification can cause cracks in vital parts or cause parts to come loose while at speed. We help our clients who are injured in motorcycle accidents that are caused by mechanics cutting corners.

There may be more than one at-fault party in your case. Do not worry if you are unsure who is at fault or who should be held accountable. A Boca Raton motorcycle accident lawyer from The Grife Law Firm will know who to pursue so that you can get the compensation you deserve.

If You Have Questions, a Boca Raton Motorcycle Accident Lawyer Can Provide Answers

I have insurance, will I still need to pursue a claim? 

It is important to understand what insurance will cover and what it won’t cover. If you have PIP (personal injury protection) coverage, it will only cover the following:

• 80% of your medical expenses up to $10,000
• 60% of your lost wages up to $10,000

In other words, your PIP coverage will not cover 20% of your medical expenses and 40% of your lost wages up to $10,000. PIP will not cover any of your losses that exceed $10,000. PIP also will not cover the pain and suffering you experience as a result of your accident. 

If you do not have PIP coverage, that means that you will have to look to your health insurance for coverage. However, your health insurance will obviously not cover your lost wages, or your pain and suffering. 

If you have been seriously injured in a motorcycle accident, the best thing you can do is contact a Boca Raton motorcycle accident lawyer. They can assess your case and ensure that you get fair compensation to cover all of your losses including your medical expenses, lost wages, and pain and suffering.  

Is there a bias against motorcycle riders?

Some people believe that insurance companies and courts are biased against motorcycle riders, believing that they are reckless drivers who are often responsible for their own accidents. Whether or not this is true, it is important to remember that you need to prove your case, even when submitting your claim to the insurance company. A Boca Raton motorcycle accident lawyer can provide valuable guidance by identifying the cause of the accident and then gathering the evidence you need to build a compelling case.

What damages am I entitled to recover after a motorcycle accident?

If you can prove that the other driver is at fault for causing the accident that led to your injuries, you may be entitled to compensation for the following:

• Your current and future medical expenses
• Lost wages as a result of your injuries
• The pain and suffering caused by your accident

The value of your case will depend largely on the severity of your injuries, especially if you suffer any temporary or permanent disability. A Boca Raton motorcycle accident lawyer can provide you with an estimate of what your case may be worth at your initial consultation.

The driver says they aren’t at fault because they didn’t see me. Do I have a claim?

While motorcycles may be less visible than other vehicles on the road, drivers have a legal duty to pay full attention and watch for all others on the road, including bicyclists, pedestrians, and motorcycle riders. Claiming that they “just didn’t see you” is a common excuse that does not relieve the driver of their obligation to avoid accidents.

How will my own negligence affect my claim?

Florida law allows injured parties to recover compensation even if they were partially at fault in causing the accident. In other words, you can still pursue a claim. If you were negligent in some way, then your compensation is reduced on a percentage basis by the amount that your negligence contributed to the accident. For example, if it is determined that your negligence contributed 30% to causing the accident, then your compensation would be reduced by that amount.

These cases are complicated and we should note that the other party must prove that you were negligent and that your negligence contributed to the accident. If you believe this may be an issue in our case, we recommend that you work with a Boca Raton motorcycle accident lawyer.