Daytona Beach Motorcycle Accident Lawyer
Daytona Beach is home to several large annual motorcycle rallies, and hundreds of thousands of bikers take to the streets every year. Unfortunately, high biker activity means that Daytona Beach has an exceptionally high motorcycle accident rate, many of which cause severe or fatal injuries.
If you have been injured on your motorcycle because of another’s negligent or wrongful actions, the attorneys at Zimmet & Zimmet can help. Our motorcycle accident law firm has served Daytona Beach since 1975 as a reliable and fierce advocate for the injured — and we have the results to prove it.
A motorcycle accident can change your life and create enormous financial pressures. We can stand in your corner and fight for the maximum compensation you deserve for your injuries and accident-related losses. Contact Zimmet & Zimmet today for a free consultation with a Daytona Beach motorcycle accident attorney.
What Are the Benefits of Hiring an Attorney for My Motorcycle Accident Claim?
If you’ve been in a serious accident, the insurance claims process that follows it is challenging, and it’s easy to make mistakes. The attorneys at Zimmet & Zimmet have five decades of experience guiding injured parties through the claims process. This includes:
- Ensuring that your claim is correctly filed with all the required documentation;
- Meeting all deadlines; and
- Negotiating with the insurance company if they dispute your claim.
Most claims end with a settlement, but insurance companies are sometimes unwilling to offer a sufficient settlement amount. If they refuse to pay an adequate sum, we can file a lawsuit. We are effective litigators and have extensive experience representing our clients in court.
After a serious motorcycle accident, the last thing on your mind should be dealing with legal bureaucracy. You need a compassionate motorcycle accident attorney in Daytona Beach who understands your pain and will put your interests first. At Zimmet & Zimmet, we pride ourselves on our personalized approach to legal services. We strive to handle everything on the legal and administrative side so you can prioritize healing and recovery.
What Should I Do After a Motorcycle Accident?
A motorcycle accident can leave you in shock and at a loss about what to do next, but it’s important to take specific steps.
The first thing you should do is go to a doctor. Even if the accident seems minor, you should still see a physician because your injuries might not be immediately symptomatic. Additionally, you need official medical documentation of your injury — such as lab reports, diagnostic tests, imaging, and hospital bills — if you plan to file an accident claim.
Once you have received appropriate medical attention, try to document as much of the scene of the accident as you can. Even if you’re not able to do so at the time of the accident, your lawyer can secure this evidence after the fact. Documentation includes pictures, video recordings, police accident reports, and other evidence that can help reconstruct the accident scene.
Next, you need to call a motorcycle accident lawyer in Daytona Beach. They will initiate your claim process with the insurance company. Insurance companies use various tactics to get out of paying claims. An experienced attorney with Zimmet & Zimmet can negotiate with insurance companies and, if necessary, initiate a motorcycle accident lawsuit to recover compensation for your losses.
How Does Zimmet & Zimmet Investigate Motorcycle Accident Cases?
The most important part of investigating a motorcycle accident case is getting all the facts. This is integral to proving your claim, and an attorney knows how to contextualize and draw inferences from facts to make a legal argument.
Our attorneys will work closely with law enforcement, eyewitnesses, and doctors to reconstruct the events of the accident and determine the extent of your injuries. We will consider photo and video evidence, eyewitness testimony, and police reports, as well as medical documentation proving your injuries.
We are meticulous in our investigations, and we’ll use the evidence we obtain to create a compelling argument that the facts support your claim for compensation.
Who Could Be Liable for a Motorcycle Wreck in Daytona Beach?
A key aspect of personal injury cases is establishing liability so that the party responsible for the injured person’s harm and losses can pay compensation.
Multiple parties can be liable in a motorcycle wreck, and determining liability usually rests on establishing negligence. For instance, if the driver was speeding and hit a motorcyclist who was following the law, the negligent driver could be legally liable for the motorcyclist’s losses.
Motorcycle accidents may also happen because of defective motorcycle or auto parts. For instance, suppose a motorcyclist’s defective brakes disengage, causing them to crash. In this case, the brake manufacturer could be liable for any injuries. If the motorcycle accident occurred because of bad road conditions or an inherently unsafe road design, local municipalities may bear liability.
Am I Able to Recover Compensation If I’m Partly at Fault for a Motorcycle Accident?
Yes, you may still be able to recover financial compensation for your motorcycle crash even if you were partially at fault. Florida uses a modified comparative negligence standard in personal injury claims. According to this standard, plaintiffs can still recover compensation as long as they are less than 51 percent at fault for the accident.
However, courts and insurance companies will reduce your compensation based on the percentage of fault you have. For instance, if you had $100,000 in losses and you were 30 percent at fault for the crash, you could receive no more than $70,000 in compensation.
Maximizing your compensation in a motorcycle accident is about minimizing your fault. This can be difficult due to a prevailing stereotype that motorcyclists are risk-takers. Such a perception can unjustly influence the of fault in a motorbike accident as well as affect negotiations with insurance companies. You need strong, clear evidence to counteract these preconceptions.
The less fault you bear, the greater your settlement will be. A motorcycle accident attorney from Zimmet & Zimmet can build a case to minimize your liability and pursue the maximum possible compensation.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Florida?
Florida’s statute of limitations on personal injury actions involving negligence allows an injured party to file a motorcycle accident claim two years from the injury date. In some cases, you can extend this time limit. For example, if your injuries were not initially detectable, the time limit will start counting from the date you discovered your injuries instead of from the accident date.
However, the sooner you speak to a motorcycle accident attorney from Zimmet & Zimmet, the more they can do to help you. As time passes, evidence could disappear and witnesses’ memories may fade. Your attorney can preserve crucial evidence while also making sure that your claim gets filed before the lawsuit deadline.
What Are Common Types and Causes of Motorcycle Accidents?
Because motorcycles share the road with cars and other vehicles, they can get into the same kinds of crashes, including the following:
- Rear-end accidents
- Left-turn accidents
- T-bone crashes
- Head-on collisions
- Intersection accidents
- Sideswipe accidents
A crucial difference is that motorcycles take up less space on the road than cars, trucks, and SUVs, making them less visible. This means that many motorcycle accidents happen because drivers do not check their blind spots. Other common causes of motorcycle accidents are:
- Distracted drivers
- Impaired drivers
- Speeding and aggressive drivers
- Lane-switching
- Inclement weather
- Bad road conditions
- Failure to yield at stop signs
- Drivers taking sharp turns too fast
- Defective motorcycle parts
What Injuries Usually Result from a Motorcycle Collision?
Motorcyclists lack the protection that other motorists have, so accidents involving motorcycles are extremely dangerous and often fatal. A motorcycle collision can cause severe injuries, ranging from broken bones and soft tissue injuries to amputations and death. Then, there are catastrophic injuries, such as traumatic brain injuries that leave the injured person with permanent impairments and spinal cord injuries resulting in paralysis. Overheating motorcycle equipment and exploding fuel tanks may cause torso, arms, and legs burns.
In addition, violent, traumatic events like a motorcycle wreck can create immense psychological and emotional distress. According to some studies, between 14 percent and 46 percent of those involved in motorist crashes develop PTSD symptoms.