Best Motorcycle Accident Lawyers in Cape Coral, FL

FAQs

• What is the non-emergency contact number for the local police station in Cape Coral, Florida?

  The Cape Coral Police Department can be reached at (239) 574-3223.

• Where can you get a copy of the police report for the accident in Cape Coral, Florida?

  Visit the Cape Coral Police Department at 1100 Cultural Park Boulevard, from Monday through Friday, 8 AM to 4 PM. You can also reach the Records Department at (239) 574-0695.

• Why are you being asked to take a Compulsory Medical Examination after a motorcycle accident in Cape Coral?

  This is put in motion by the other party's attorney and insurance carrier in order to find something to use against your testimony. It is highly encouraged to be as professional as possible during the CME and only answer the attending physician with pertinent information about your condition and nothing more. In many instances, individuals in Cape Coral are advised to go to their own doctor for a comparison of the test results.

• What should you do if your insurance carrier has stopped replying to your motorcycle accident injury claims in Cape Coral?

  It is not uncommon to hear of insurance adjusters making it difficult for claimants to receive compensation. Some of them become really difficult to reach, outright deny the claim, or overwhelm the claimant with documents to sign, hoping that the claimant wouldn't think of reading all of that and then unknowingly sign one document that allows the adjuster to minimize the amount. It is advised that you acquire the help of a Cape Coral attorney who would be willing to take the case to court if they don't give your due right.

• Can you claim damages in Cape Coral if your brand-new motorcycle's brakes failed and caused you to crash?

  This would be classified as a violation of the product liability law, which is in place to protect consumers from faulty or malfunctioning products that may threaten their health or overall safety. You might be entitled to more if you suffered physical injuries as well. You are encouraged to hire an attorney in Cape Coral to build a strong case against the motorcycle dealer or parts manufacturer for you to be compensated for your damages.

• Can you still sue for damages in Cape Coral if your spouse passed away from a motorcycle accident injury one year ago?

  Yes, you can. The statute of limitations for wrongful death in Cape Coral starts running on the day of the death and not on the day of the accident. Depending on the circumstances and the details of the case, you may be entitled to receive compensation for your and your family's pain and suffering, funeral costs, loss of wages, and punitive damages, if proven that the other party was grossly negligent or consciously behaved in a manner that resulted in the injury.

• Is it okay for riders not to wear a helmet while driving their motorcycle in Cape Coral?

  You can get away with not wearing a helmet while driving your motorbike in Cape Coral, but only if you are above the age of 21 and protected by an insurance policy that can cover at least $10,000 of medical bills for injuries.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.