Daytona Beach Motorcycle Accident Attorneyy
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.
Why Choose Zimmet & Zimmet?
Choosing an injury lawyer for your motorcycle accident case can make all the difference in the outcome of your settlement or verdict.
If you are looking for a Daytona Beach motorcycle accident attorney, Zimmet & Zimmet can help you achieve justice. Our motorcycle accident lawyers provide dedicated legal help, advice, and guidance for injured riders and their families as they navigate some of the most difficult times of their lives.
For over five decades, our dedicated attorneys have fought for motorcycle accident victims, securing millions in compensation on their behalf. When handling a motorcycle injury claim, we are relentless in pursuing the damages our clients deserve for the pain and suffering they have experienced.
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.
Seek Medical Attention Immediately
- Always see a doctor, even if injuries seem minor.
- Some injuries may not show symptoms right away.
- Obtain official medical documentation (lab reports, diagnostic tests, imaging, hospital bills) — essential for filing a claim.
Document the Accident Scene
- Take photos or videos of the accident scene, vehicle damage, and visible injuries.
- Secure copies of the police accident report.
- If you’re unable to collect evidence, your attorney can do this on your behalf later.
Contact a Motorcycle Accident Lawyer in Daytona Beach
- An attorney will initiate the claims process with the insurance company.
- Insurance companies often try to minimize or deny payouts.
- The experienced lawyers at Zimmet & Zimmet can negotiate with insurers and, if necessary, file a lawsuit to pursue full 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.
Negligent Drivers
- Liability often comes down to negligence.
- Example: A driver speeding and hitting a motorcyclist who was following traffic laws may be held legally liable for the motorcyclist’s losses.
Defective Parts
- Motorcycle or auto parts can also cause accidents.
- Example: If defective brakes disengage and cause a crash, the brake manufacturer may be responsible for resulting injuries.
Dangerous Roads
- Poor road conditions or unsafe road designs may also lead to crashes.
- In such cases, local municipalities or government entities could be held liable.
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 Florida 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.
Frequently Asked Questions for Motorcycle Accidents
There’s no doubt that motorcycles form one of the most dangerous modes of transport. Even the most skilled motorcyclists sometimes get involved in an accident. If you or someone you love owns and rides a motorcycle, you probably have lots of questions about motorcycle crashes. Below are answers to some of the frequently asked questions about motorcycle accidents.
Motorcycle accidents occur as a result of many different reasons. Some of these include distracted driving, drunk driving, speeding, motorcycle lane splitting, vehicles making left-hand turns, and intersection collisions. If the accident that caused your injuries was due to another person’s negligence or fault, you might be able to recover the full compensation for your injury or loss.
In the event of a motorcycle accident, getting medical attention should be the topmost priority. If you are in a position to move, try to get yourself (and your motorcycle) to the roadside as fast as you can and then proceed to call the police or seek assistance from bystanders.
Assuming that you are not seriously injured and have not been taken to a hospital, you should take photos of your injuries and get the contact information of the other party and any witnesses available. While doing this, it is critical that you avoid admitting fault or apologizing to any person involved in the accident. What you say may eventually end up hurting your claim. It’s always a good idea to contact a capable motorcycle accident attorney to evaluate your case and help you understand your legal rights and options.
Certainly! Motorcycle riders are often exposed to the open road. When an accident happens, some are killed instantly at the scene, while others often suffer acute bruises and scrapes. Serious head injuries, broken bones, and other disabling injuries are also common for motorcycle accident victims.
It’s a common misconception that motorcyclists are always careless commuters with total disregard for traffic laws. That’s perhaps one of the reasons why you need to prove that another party was actually responsible for the accident if you want to recoup the right compensation. Therefore, make sure you document the incident. Take videos or photos of the accident scene, write down the other party’s personal information, and keep all medical reports. Not only will these three things help you prove liability but will also ensure that you get the full compensation that you are entitled to.
It depends. As per Florida statute 316.211, no person is allowed to operate or ride a motorcycle without a helmet. However, your failure to wear a helmet doesn’t absolve the at-fault party of responsibility. You may still be able to recover damages even if you were not wearing protective headgear. This is often the case, particularly if the injured part is not your head.
Because Florida uses the pure comparative negligence system, you may still be able to recover damages that are proportionate to your fault. For instance, if the court establishes that you were 20% responsible for not wearing protective headgear and that the other party was 80% to blame, the damages you recover would be reduced by 20 percent.
Every motorcycle accident is unique. Similarly, all motorcycle accident claims are not the same. While victims in one accident may walk away with up to a 7-figure settlement, some will get just a few thousand dollars in compensation. Usually, the damages that an accident victim can recover are determined by the extent of your injury, property damage, and the resulting financial impact such as lost wages as well as pain and suffering. For that reason, you need to hire an experienced motorcycle accident attorney to review your case and help you determine your claim’s value.
Because motorcycles lack the same protection that one enjoys in a vehicle, injuries from a crash can be severe. Therefore, it may take quite some time – several months or even years – to resolve your case. For instance, it will take 5-8 months to settle a motorcycle accident claim, especially if your injuries are not severe and the liable party has been identified. On the contrary, it might take years to wrap everything up if you choose to take your case to trial. After all, litigation is quite a long process.
It is always a good idea not to rush things after a motorcycle accident. The reason behind this is pretty simple. Settling your claim too early could deny you a chance to recover full compensation. For example, if a medical procedure does not go as planned, the doctor may require you to undergo further treatment. These additional complications should not come after your case has been resolved.
While it’s important not to rush things, bear in mind that there’s a limit to how long you can wait before settling your claim. The statute of limitations in Florida requires that you file a personal injury lawsuit in court within four years from the motorcycle crash date. If your case involves wrongful death (95.11(4)(d)), you need to act within two years. After this period, it may become difficult to get the compensation you deserve.
It’s normal to think that you do not need to seek compensation if you have your own health insurance. The reality is that having your health insurance does not deprive you of the right to seek compensation. As long as another person’s negligence caused the accident, you are entitled to recover all damages resulting from your injury. Besides, medical bills are not the only damages you can recover. There are often other losses, such as lost wages and pain & suffering, that come with a motorcycle accident. Most of these losses cannot be covered by your health insurance or any other means.
Absolutely! It’s not unusual for the at-fault party’s insurance carrier to deny liability or even convince you to accept a lower settlement offer than your claim is worth. Considering that you have your injuries to deal with and so much more on your plate, you may not be the best person to engage the insurance company. You will need to hire an experienced motorcycle accident attorney who understands all the tricks insurance companies use to shortchange accident victims. Not only will the right lawyer help you identify the at-fault party, but will also work with you to determine your claim’s value and ensure that you get the maximum compensation. Talk to the Zimmet & Zimmet legal team today to learn how we can help.
Nothing at all! At Zimmet & Zimmet, we understand that dealing with the aftermath of a motorcycle accident can be overwhelming. After mentally accepting what just happened, which takes time, of course, the reality starts to sink in. Medical bills pile up fast, and you soon realize that you are unlikely to afford your financial obligations. Even worse, you may not be eligible to recover damages, particularly if you’re fully to blame for the accident. With that in mind, we offer a free initial consultation to all motorcycle accident victims to help them understand their options and legal rights. If you or a loved one has been injured in a motorcycle accident, you need to contact our Daytona Beach office as soon as possible to discuss your case.
