The facts are straightforward, you have arrived here for a simple reason. We know that you are in dire need of concrete answers on the legalities regarding Motor vehicle accidents. Even if you haven’t suffered one, thankfully speaking, it is important to know your way around the details. On the other hand, if you have already suffered an accident of this magnitude, this article is meant for you as well.

The truth of the matter is that motor vehicle accidents can change your life in the blink of an eye. In today’s society, our rapid form of living and our need to make ends meet can cause us to think that these incidents may never happen to us. Without sounding pessimistic, this is the wrong way to approach the situation. We have met with many clients who had thought in that manner and unfortunately because of someone else’s negligence, they are now undergoing severe consequences.

For these reasons, we will inform you of two specific MVA’s: trucking and motorcycle personal injury accidents. Both of these arise with specific legalities that make it extremely difficult to deal with in the aftermath of the accident. As a victim, you are undeniably entitled to an owed set of compensation for your injuries.

However, to attain what is rightfully yours, you will need the help of a motor vehicle accident lawyer in South Florida. With their help, you will be able to successfully navigate through your legal process. We thus urge you to join us throughout this detailed account so that you may learn about the legal standards of these MVA’s and how an attorney can assist you with them.

Motorcycle Accident Legalities

Recent statistics show that the State of Florida leads the nation in motorcycle accidents. On what basis you may ask? Experts back this notion with the argument that many individuals see a motorcycle as a solution to beat the traffic, especially in Florida’s jam-packed avenues and highways.

Another factor that contributes to motorcycle-related deaths is that people are simply not practicing safety protocols when operating the vehicle. The Florida Highway Patrol reports that only one in seven motorcycle drivers actually wear their helmets. This of course, drastically increases the chances of fatalities when accidents occur.

In terms of legal obligations, it is also reported that one out of five drivers in the state does not have proper motorcycle insurance. Therefore, we would like to remind all of our motorcycle drivers that it is important to follow all the mandated safety protocols.

Physical Vulnerabilities: Despite the above-mentioned statistics, there is an enormous truth behind these accidents and that is the factor of motorcycle driver’s vulnerability on the road. Anybody can make mistakes, but the reality is that motorcycle accidents always tend to occur because of someone else’s negligence. Unfortunately, car drivers and other pedestrians fail to uphold a sense of responsibility while being on the road and fail to respect specific traffic laws that are meant to safeguard the lives of motorcycle drivers. 

It is important to keep in mind that these are people who are more at risk in comparison to someone who is driving a car or other enclosed type of vehicle. For that reason, fatalities at the accident scene greatly increase because of the severity of the driver’s wounds. Let’s go ahead and review some of the injuries that motorcycle drivers often endure that aren’t fatal.

  • Brain and head trauma,
  • Spinal injuries, 
  • Fractures of the limbs, 
  • Cuts and open wounds, 
  • Permanent immobility.

Negligence From the Party At Fault: Now, if your accident was caused by someone else, the incident is automatically categorized as negligence. However, the next step will have to be to prove liability. In order to do this, a competent attorney can help you prove the followings instances – 

  • There was a “breach” of owed responsibility from the other party at the time of the accident. 
  • The party at fault knowingly disregarded upholding the mandated traffic laws.
  • The culprit was under the influence of alcohol or other substances at the time of the crash. 
  • The following instances resulted in the impact of the crash, ultimately causing the victim’s injuries.

Legal Counsel: By having a personal injury lawyer at your service, you will gain a significant advantage against the at-fault party. Your attorney will seek to give value to all of your damages. As the value grows, so will the monetary figure of your compensation. 

Now, let’s review the types of damages from a motorcycle accident that qualify as an owed set of compensation –

Financial damages include: 

  • Medical expenses due to injuries, 
  • Loss of income due to inability to work, 
  • Property damage, 
  • Prolonged expenses of medical treatment for recovery, 
  • Out of pocket costs.

Non-financial damages include: 

  • Pain and suffering, 
  • Mental torment, 
  • Deterioration of personal relationships influenced by the injuries,
  • Emotional distress, 
  • Inability to enjoy life’s simple pleasures.

These are the unfortunate consequences of your accident that will be used by your lawyer to provide you with the settlement that you deserve. However, keep in mind that is only the lawyer who will be able to achieve that objective because of the vast experience they have in dealing with cases similar to yours. You can focus on your recovery as the attorney does the hard work for you. 

Your attorney will protect you from the “no-fault system” that is established in Florida. This law mandates that motorists are supposed to turn in their own vehicle insurance to receive the coverage they are entitled to.

While applicable to any MVA’s, it truly jeopardizes motorcycle drivers. This is because the same standards of car accident injuries are given to motorcycle accident injuries. It fails to protect motorists because of the injuries of an impact while being on a motorcycle will not be the same type of damage while riding inside a car. 

Having said that, if there is a substantial and valid proof, your attorney will make the case that your injuries are permanent or at least “long-standing.” By doing so, you will receive more benefits and the amount of your settlement will reflect the severity of your damages. Under Floridian statutes, your attorney can prove long-standing injuries under section 627.737(2). 

Furthermore, other advantages of hiring legal expertise include the following:

  • No fees until you win: While your attorney takes care of your case, you will not have to worry about paying a cent for their services only if you win it. This will give you the peace of mind and tranquility that you deserve after suffering damages and losses. 
  • Conduct a thorough investigation: Your attorney will gather key evidence, assess your damages, question witnesses, and handle the insurance companies for you. All of this evidence will undoubtedly increase your chances of getting a fair settlement. 
  • Assist you in signing paperwork and court representation.

We hope that this has been a useful article that has provided you with the steps to take after your motorcycle injury accident. Remember, the only way to get what you are entitled to is by hiring a lawyer. That is why we are proud to present you with the legal services of Scott J. Senft the Lawyer. Scott and his legal team are a set of trained professionals who have mastered the best possible outcome for your own specific case. 


He will make sure that your rights are protected every step of the way, while working to promote a successful case. Furthermore, we speak English, Spanish, Portuguese and Creole because we are a community-driven firm. We understand the needs of the population that we serve. So what are you waiting for? We are truly eager to handle your case so call us now!

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