Tampa Motorcycle Accident Attorney

Motorcycle wrecks can happen in an instant, and the results can be devastating. Since motorcyclists have little protection on their bikes, they can sustain serious injuries including broken bones, head trauma, neck and back injuries, brain damage, disfigurement, loss of limbs, paralysis or death. If you were hurt in such a crash due to another party’s negligence, contact a Tampa motorcycle accident attorney at Capaz Law Firm.

Our lawyers are dedicated to helping motorcyclists get their lives back. We will fight to hold the at-fault party accountable and to get you fair compensation for your medical bills, lost wages, property damage, and pain and suffering. When a negligent driver fails to obey the law or carelessly ignores the presence of motorcycles on the road, you shouldn’t have to suffer the consequences. Dial 813-440-2700 to speak with a member of our team.

damages in motorcycle accident case

An Experienced Motorcycle Accident Attorney Can Help

Tampa motorcycle accident lawyer Dereck Capaz is familiar with Florida laws governing motorcycles, and he has extensive experience dealing with insurance companies. Mr. Capaz will thoroughly investigate your case to collect important data and evidence necessary for your claim.

Let’s take a look at some of the other ways Capaz Law Firm might be able to help you with your case:

  • Conduct an In-Depth Investigation: While the respective insurance companies, the police, and even the liable motorist my conduct their own investigations into the cause of the wreck, you cannot trust their findings alone. The insurer, for example, has a strong incentive to present evidence in a way that minimizes their liability thus reducing how much they have to pay out. At Capaz Law Firm, we represent you and only you. We will help investigate your claim, gathering the necessary evidence to prove liability, causation, and damages. If parties are withholding proof that might be important to your claim, we can apply legal pressure to obtain such evidence.
  • Guide You Through Proceedings: If you’ve spent time on Google trying to make sense of Florida’s legal system, chances are you are feeling confused, overwhelmed, and exhausted by the prospect of filing a claim. Fortunately, a skilled personal injury attorney is intimately familiar with all aspects of such cases, and can help guide you through each stage of proceedings. If you choose to hire Dereck Capaz to handle your case, he will strive to respond to calls, texts, and emails promptly so that you’re never left in the dark.
  • Negotiate the Claim: Claims adjusters aren’t your everyday office drones. Most are skilled negotiators who have years of experience settling claims. Ultimately, their goal is to minimize how much the insurer has to pay out. In many ways, attorneys possess the same skillset, so hiring one to help handle your claim can help level the playing field.
  • Prepare Your Case for Court: If the insurer or another opposing party refuses to agree to a reasonable settlement or disputes liability for your damages, filing a lawsuit might be the only way to recover fair compensation. If we believe this is the best option for you and your family, our legal team can help you build a convincing case and represent you throughout proceedings.

Motorcycle Accident Statistics

Motorcycle accidents are common in Florida and usually lead to serious injuries or death. According to the Department of Highway Safety and Motor Vehicles 2011 Florida Crash Statistics Report:

  • 7,231 motorcyclists were injured in crashes
  • 413 motorcyclists were killed
  • 90 of the 413 fatalities occurred in Tampa Bay (Hernando, Hillsborough, Pasco and Pinellas counties)
  • Common Causes of Motorcycle Accidents

Motorcycle accidents can occur when a negligent motor vehicle driver:

  • Speeds
  • Swerves in front of a motorcyclist
  • Cuts off a motorcyclist at an intersection
  • Fails to yield the right-of-way
  • Fails to leave the motorcycle with sufficient space
  • Fails to watch for motorcyclists changing or entering lanes
  • Misjudges a motorcycle’s speed or distance away
  • Drives under the influence of drugs or alcohol

Other causes of motorcycle crashes include product defects in:

  • Brakes
  • Tires
  • Accelerators
  • Fuel systems
  • An experienced motorcycle accident attorney can thoroughly analyze your case to determine who’s responsible for your accident and whether a product liability claim against a manufacturer is necessary.

What to Do After a Motorcycle Accident

In the saddle, you have little standing between you and getting hurt in a wreck. Riders often suffer catastrophic injuries, accruing thousands of dollars in medical debt and other damages. While the road’s reckless, distracted, and inattentive drivers are a constant reminder that an accident could always be around the next corner, it’s unlikely you are prepared for what to do in the event of a worst-case scenario.

Let’s take a look at a few steps you should always take after a motorcycle wreck:

  • Seek Immediate Treatment: From internal bleeding to brain trauma, there are many injuries that won’t present with symptoms for days or even weeks after the wreck. As a result, you should visit the doctor as soon as possible, regardless of how minor your injuries may seem. Seeking medical treatment without delay will ensure that you get a prompt diagnosis and receive the treatment you need to begin healing. Additionally, if you plan on filing a claim against the liable party, your medical records will show that you took sufficient steps to mitigate damages.
  • Do Not Provide a Recorded Statement: After the accident, it’s likely that the claims adjuster will reach out to you to request a recorded statement. In many cases, these representatives will insist that they can’t approve your claim until you’ve completed this interview. However, once you’ve reported the accident, you should not make any statements to the insurer until you’ve had a chance to investigate the wreck and assess your damages. Without access to this information, you may say something inaccurate or contradictory, giving the insurer or other opposing parties ammunition to discredit your claim. When you hire one of our attorneys, we can oversee all dialogue with the insurer so you don’t have to worry about saying something that might compromise your case.
  • Stay Away from Social Media: In an effort to find any evidence that could be used to dispute liability and damages, the insurer might scour your social media feeds for posts that could put you on the backfoot. For instance, images of you out at a bar just a few days after the wreck could be used to show that your injuries are not as serious as you are claiming. As such, you should deactivate your social media profiles until your claim is resolved. However, if you want to stay connected, you should max out your privacy settings, ignore friend or follow requests from individuals you don’t recognize, abstain from posting about the claim, the accident, or your injuries, and avoid using Facebook’s “check in” feature.
  • Track Your Damages Diligently: An accident can have a ripple effect across all aspects of your life, leading to a wide range of losses, from medical expenses to missed paychecks. In order to recover compensation for these damages, you will need to gather evidence to prove the value of what you have lost. As such, you should make sure to keep tabs on your accident-related expenses, filing away copies of every receipt, invoice, bill, and paystub. If you took pictures at the accident scene, noted the contact details of eyewitnesses, or gathered any other evidence immediately after the crash, you should also compile this information to share with your attorney.

What Is the Deadline for Filing a Personal Injury Lawsuit in Florida? 

Every state has its own deadlines for bringing a lawsuit against a party that may be liable for an injury. This is known as the statute of limitations. In Florida, you will have up to four years from the day of the wreck to bring a suit to the state’s civil courts. If you fail to act within this timeframe and still attempt to take legal action, it’s likely the courts will refuse to hear your case.

However, there are a few exceptions that might extend—or shorten—this time limit. Notably, you may only “discover” that you suffered serious harm years after the accident. In such situations, the statute of limitations may be extended. Alternatively, if you are bringing a suit against a government entity, you may have a shorter window in which to take legal action.

As this deadline is based on the unique circumstances of your case, it may be in your best interests to speak to a personal injury attorney in Tampa. He or she can provide insight into the strengths and weaknesses of your claim, explain any exceptions that may apply, answer your questions, and discuss how they might approach helping you pursue damages. 

Contact a Motorcycle Accident Lawyer in Tampa    

If you have been involved in a motorcycle accident and have sustained injuries, contact Capaz Law Firm. We can help you file a claim and fight for the compensation you need to move on with life. Call today at 813-440-2700 for a free case review.

Million Dollar Advocate Forum Attorney Member

Million Dollar Advocates Forum ®

Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.

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Super Lawyers Attorney

Super Lawyers

Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.

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AV® Preeminent™ Rated

Dereck Capaz has earned the AV-Preeminent Rating for legal proficiency and ethical standards from Martindale-Hubbell and lawyers.com.

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