Johnny Devine PA | Attorney | Personal Injury | Criminal Defense | Landlord-Tenant Law

Motorcycle Accidents

“I’ve been hurt in a motorcycle accident, what should I do ?”

When you’ve been hurt in a motorcycle accident due to another driver’s negligence, it’s time to call your attorney . . . Johnny Devine.

As a motorcyclist, you can wear a helmet, wear protective clothing, illuminate your lights, and remain mindful of traffic around you; but the simple truth is motorcyclists are more difficult for other drivers to see. Motorcyclists are more easily injured because they do not have the many safety features found in most automobiles. Consequently, a negligent or inadvertent driver can cause serious injuries to a motorcyclist.

If you’ve been injured in a motorcycle accident, it can be an overwhelming experience. You may find yourself dealing with many things — like injuries, medical facilities, insurance companies, medical bills, lost time and pay from work, or maybe even an uninsured driver.

Florida does not require drivers to have liability insurance in case they injure someone (only property damage insurance and personal injury protection to pay their own medical bills). As a result, many Florida drivers are uninsured without liability insurance for those they have injured in accidents. Worse, injured motorcyclists are often surprised to learn that their own uninsured motorist coverage only covers their car, not their motorcycle. Even when there is insurance coverage, insurance companies often fight against you in every claim.

Importantly, Florida law treats motorcycle injuries differently because the law doesn’t require motorcyclist injuries to be permanent for the motorcyclist to receive compensation.

If you’ve been injured in a motorcycle accident, you may be entitled to recover compensation for areas of your life that have been negatively affected by the injury, such as: medical bills, prescriptions, future medical expenses, pain and suffering as well as future pain and suffering, permanent impairment or disability, rehabilitation, chiropractic care, physical therapy, suffered psychological effects such as post-traumatic stress disorder (PTSD), loss of income, and loss of earning capacity, to name just a few.

Since motorcycles are treated differently on the road, under the law, and in court, it is important to have an experienced attorney on your side, protecting your rights, and fighting for every dollar of monetary compensation to which you are entitled! Johnny Devine has extensive experience in motorcycle injury cases in Florida.

Here is some important information and helpful suggestions in case you are injured in a motorcycle accident:

  • If you have been injured, call 911 or immediately seek medical treatment
  • Report the accident to law enforcement
  • Get the other driver’s information: name, address, phone numbers, drivers license number, insurance company and policy number, and vehicle information
  • Get witness information: names, addresses, phone numbers
  • Use your camera phone to take pictures of your injuries, damage to your motorcycle, damage to the other vehicle, and the scene of the accident.
  • Florida is a “no-fault” state. Basically, this means those injured in an auto accident may use the Personal Injury Protection (PIP) coverage provided through their own auto insurance company to pay medical bills. Your auto insurance provides PIP to pay 80% of your medical costs and 60% of lost wages, up to a maximum payout of $10,000. However, Florida does not require motorcyclists over the age of 21 to have insurance, and many auto insurance policies do not provide PIP coverage for motorcyclists. Of course, motorcyclists can purchase motorcycle insurance. If you have motorcycle insurance with PIP coverage, when treating at any medical facility make certain to inform them you were injured in a vehicle-motorcycle accident and give them your insurance card.
  • NOTE: If you have motorcycle insurance with PIP coverage, Florida enacted strict PIP laws which require injured persons to seek medical treatment within 14 days from the date of the accident. Any delays in seeking medical care from insurance-specified licensed medical physicians (i.e. hospital or emergency room physicians, primary care physicians, etc.) can reduce an injured person’s PIP benefits to zero dollars.
  • IMPORTANT: Consult with Johnny Devine, P.A. before discussing your case with insurance company representatives or investigators.

Remember: whether it’s the driver that hit you or an insurance company, you can tell them to call your attorney . . . Johnny Devine!