Westchase Motorcycle Accident
FL Motorcycle Accident Attorneys Representing Injured Clients In & Around Westchase
Nobody should have to sustain injuries in a motorcycle accident because of another person’s carelessness or recklessness. Yet motorcycle collisions occur with some frequency in Florida, and they often result from another driver’s negligence. If you recently got hurt in a motorcycle wreck, an experienced Westchase motorcycle injury lawyer can discuss your case with you.
Common Causes Of Westchase Motorcycle Crashes
Motorcycle crashes can happen for many different reasons, from poor road conditions to driver error. The National Highway Traffic Safety Administration (NHTSA) cites some of the following as frequent causes of motorcycle accidents:
- Motorist fails to see a motorcycle rider in his or her blind spot and changes lanes into that motorcyclist
- Motorist misjudges a motorcyclist’s distance at an intersection and makes a turn
- Dooring accident, or when a car driver opens his or her door into an oncoming motorcyclist
- Alcohol-impaired collisions
- Distracted driving
- Inclement weather
- Poor road conditions, including slippery roadways or uneven roads
Possible Injuries In A Westchase Motorcycle Accident
Motorcycle accidents can happen almost anywhere in the Westchase area, from high-speed collisions on Veterans Expwy to crashes that occur on local neighborhood roads or in retail parking lots. Since motorcyclists do not have the protection of an automobile when a wreck occurs, even a low-speed collision can lead to devastating and permanently disabling injuries. The following are examples of the types of injuries that a person can sustain in a motorcycle accident:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Broken bones or fractures
- Severe scrapes and road rash
- Contusions
- Internal bleeding
- Organ damage
- Facial lacerations and other injuries
- Disfigurement
- Limb amputations
Comparative Fault And The Failure To Wear A Helmet In Westchase
In some motorcycle accident cases, the at-fault party will raise the issue of comparative negligence or comparative fault in order to suggest that the injured party is also responsible for his or her injuries. Florida uses a “pure” comparative fault system. What does this mean? Under Florida’s comparative fault law, an injured plaintiff can still recover damages regardless of whether that plaintiff is anywhere from 1 percent at fault to 99 percent at fault. However, the plaintiff’s total recovery will be reduced by his or her portion of fault. For example, if a plaintiff is awarded $1 million in damages after filing a motorcycle accident claim but the court determines that the plaintiff is 20 percent at fault, that $1 million award will be reduced by 20 percent (or $200,000), and the plaintiff will recover $800,000.
One of the most common reasons that an at-fault party will raise the issue of comparative fault in a motorcycle accident case is the plaintiff’s failure to wear a helmet. If you sustained a traumatic brain injury or another type of head trauma and you were not wearing a helmet, the defendant may be able to prove that you are partially responsible for the severity of your injury. To be clear, even though Florida law does not require most adult motorcyclists to wear a helmet, failing to wear head protection can result in a reduction of your damages award.
Contact A Westchase Motorcycle Injury Attorney
If you or a close family member recently sustained serious injuries in a motorcycle crash in or around Westchase, it is important to discuss your options for seeking compensation with an experienced Westchase motorcycle injury attorney. One of the dedicated personal injury attorneys at Kemp Law Law Group can speak with you about your situation and what steps you may be able to take to seek financial compensation for your losses.
Call us at (727) 788-6792 or submit a contact form for a free consultation.
Directions to Our Nearest Office
Why Should I Hire Kemp Law?
It is very easy to describe what Kemp Law Law Group does. Our mission statement says it all. We strive to “relentlessly pursue protecting our clients and improving our community through respect, communication and service.” Put more simply, we help people.
Everything we do is with that singular purpose in mind. If a client has been injured by someone else, we will do everything we can to make sure they get the best possible medical care at little or no expense to them. If a client is going through a divorce, we will vigorously work to help them get everything they need to put the pieces of their life back together and to make sure their rights are protected.
Our firm is unique; we are committed to our community and our clients with a level of legal expertise that is among the highest in the area. In fact, we were featured in Positively Tampa for our efforts.
Our attorneys are members of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, a national group that provides a network for information exchange, local assistance and case referrals to top trial lawyers in America who have won large, complex cases. Fewer than 1% of attorneys nationwide earn this high distinction. We always provide legal representation in your best interests, maintaining open communication lines, and keeping you updated about your case every step of the way.
Regardless of where you live in the Tampa Bay region, including Hillsborough, Pasco, Pinellas, and Hernando Counties, we look forward to helping you make the best of your situation. Many of our attorneys have been acclaimed as among the 1% of all attorneys in the country, and they’re right here in our area, ready to help you.
Common Questions About Truck Accidents in Westchase, FL
- What Happens If The At-fault Driver Is Underinsured? You will need to use your Underinsured Motorist (UIM) coverage.
- What Does A “Release” Mean? It signifies that your settlement is complete and that you no longer have a claim against the at-fault party or their insurance company.
- Once You Receive A Settlement What Happens? A document will be prepared outlining how much the attorney will collect, litigation expenses, reimbursements from insurance, and unpaid medical bills which will be deducted from the total amount received. You will then receive a check from the attorney for the remaining amount.
Living in Westchase
Westchase, Florida is a luxurious suburb of Tampa. Parks, shopping, and restaurants are all located within this community. It is also home to the Westchase Golf Course.
Westchase Local Services & Emergency Contact Information
In an emergency, always call 911.
After a motor vehicle crash:
- Florida Highway Patrol – (727) 788-6792
- Hillsborough County Sheriff’s Office Emergency Dial 911; Non Emergency (727) 788-6792
- Westchase Car Accident Lawyer – (727) 788-6792
Fire Department
- Westchase Fire Emergency – Dial 911
- Hillsborough County Fire Rescue – (727) 788-6792
- Hillsborough County Fire Marshal’s Office – (727) 788-6792
Police/Sheriff Departments
- Florida Highway Patrol – (727) 788-6792
- Hillsborough County Sheriff’s Office Emergency Dial 911; Non Emergency (727) 788-6792
- Westchase Car Accident Lawyer – (727) 788-6792
Hospitals
- AdventHealth Westchase ER (727) 788-6792
FAQs
you deserve answers
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
