Motorcycle Accident Claims

Heading out against the wind

There is nothing quite like going out on the open road for a ride on a motorbike. Being able to experience the speed and simplicity of this two-wheeled machine can be exhilarating. There is a feeling of oneness by the rider’s position on it. This is combined with the placement of the controls necessary guide it, which is literally at his fingertips. With just a squeeze from a hand coordinated with a flip of a foot and flick of the wrist, the motorcycle will go zipping off toward the intended direction. Where it goes, only the rider knows.

This feeling of freedom thrilling as it may be can come at a cost.

Being on a motorcycle might allow you to weave through traffic with ease or accelerate at a moment’s notice. What it gives up for these advantages, however, is added protection. There is nothing between the rider and other much larger vehicles around him. When being cautious or simply out of the novelty of wanting to be in full gear, the most he can do to safeguard himself from injury is to wear a helmet, a biking suit, and some rash guards. Even then, such things might not be enough to cushion the blow at high speeds.

Still, it is better to have those things on for safety than nothing at all. Accidents happen every day and without warning. Having the first line of defense is the responsible thing to do.

Increasing the odds in your favor

Bikers in Florida would be pleased to know that there is a motorcycle law that provides them with another level of protection. This is not the physical kind though it could be just as, if not even more valuable. Instead, it exists within the legal realm. The statutes essentially attribute liability upon motorists who are found negligent after getting into an accident with a motorcycle rider. This would entitle the latter to be compensated for the costs of his hospitalization, loss of earning capacity and future expenses. There are other damages that can be collected especially if a drunk driver was involved.

We at Lichtblau & Goldenberg pride ourselves in being capable motorcycle accident lawyers to serve the West Palm Beach area. Our belief is that clients, either past, present or future would benefit from being acquainted with statutes that deal with motorcycle accidents. Here are some applicable laws covering them:

  1. Florida has retained its status as a No-Fault state. Last October 1, 2007, it was declared that it would no longer accede to such legal framework. Sometime around January 2008 however, the state decided to return to the no-fault rule. Note that it did not totally adhere to the old system. In fact, there were some amendments made before its implementation. The main purpose for doing this was to reduce fraudulent claims or actions.
  2. There is an active Threshold Injury Requirement in the state of Florida. It requires claimants whether themselves or their loved ones, to have injuries which fall under any of the categories as a result of a Florida motorcycle accident.
    - Death
    - Permanent serious disfigurement
    - Serious impairment of a body function
  3. If the verbal threshold is attained through the presence of any instances above, damages may be claimed. The amount, however, will vary depending on what the court deems as appropriate to compensate the claimant for his injuries.
  4. Being injured while on a motorcycle by a hit and run driver qualifies you to receive UIM coverage.
  5. The UIM or Underinsured / Uninsured Motorist coverage is another feature of Florida laws that offer further security for motorcycle accident victims. It provides compensation for the injured despite the fact that the one who caused the harm does not have insurance or if his insurance is insufficient to provide for the claims.
  6. Take note that Florida has a statute of limitations within which to institute claims for damages due to a motorcycle accident. This is a period of four years from the actual date when the incident occurred. Otherwise, the right to do so will be barred.

We're Attorneys Who Truly Care

Finding an attorney that truly cares about the outcome of your case should not be too hard especially in the West Palm Beach area. Look no further. Our legal team is composed of experts in this field. In addition, we at Lichtblau & Goldenberg have continuously served its residents for over fifty-five years. It is proof of the trust and confidence given to us by such clients we are proud to serve. Contact us at 561-863-9100 to receive your free consultation. Allow us the privilege to provide you with timely legal representation. Remember, the clock is ticking.