Fort Lauderdale Motorcycle Accident Lawyer

For many avid motorcyclists, few experiences compare to the freedom of riding on the open highway. Unfortunately, motorcyclists are among the most vulnerable road users. Due to the catastrophic nature of their injuries, motorcyclists who have been in an accident in Fort Lauderdale should consider hiring an experienced attorney.

If you’re in this situation, David I. Fuchs Injury & Accident Lawyer, P.A. stands ready to help. Our law firm has over three decades of experience helping motorcyclists, and we know how to handle the challenges riders face when seeking compensation.

Why Clients Trust David I. Fuchs Injury & Accident Lawyer, P.A.

When trying to recover compensation for your injuries and losses following a motorcycle accident in Fort Lauderdale, you want to choose the right attorney for your case. David Fuchs Injury Law has more than 30 years of experience handling motorcycle accident claims in Florida. We deliver personalized attention and aggressive advocacy to improve your odds of getting the successful outcomes you expect and deserve.

David I. Fuchs Provides Exceptional Legal Representation For Victims Of Motorcycle Accidents in Fort Lauderdale

Motorcyclists often find it difficult to win accident cases due to the stigma often associated with riders. David Fuchs Injury Law knows how to defeat motorcycle bias. We have helped clients obtain substantial settlements and court awards and are ready to do the same for you.

When you choose a Fort Lauderdale motorcycle accident lawyer, you want someone with a deep understanding of Florida motorcycle laws and a track record of success. Our firm prioritizes communication, so David Fuchs Injury Law will always be here to answer your questions or address your concerns.

Our Fort Lauderdale Office Location

You can find our office just a few minutes from Florence C. Hardy Park in Fort Lauderdale at 8 Southeast Eighth Street.

Recent Motorcycle Accident Case Settlements

We have obtained substantial verdicts and settlements for our injured clients, including numerous six-figure awards for those injured in motorcycling accidents.

• $1.8 million for the victim of a traumatic brain injury.
• $325,000 for a client hurt in a multi-vehicle accident.
• $250,000 in a car accident case.
• $225,000 for the family of a victim in a wrongful death lawsuit.
• $120,000 in a car wreck case in Broward County.

While the exact amount of compensation you may receive is uncertain, we are committed to working diligently on your behalf to help you achieve financial and physical recovery. For a thorough review of your case, contact David I. Fuchs, Injury & Accident Lawyer P.A., today for a free consultation.

What Clients Say About David I. Fuchs Injury & Accident Lawyer, P.A

“They did a great job with keeping me updated with my case. I would refer them to anybody in the future.” — Darcy I.

“David Fuchs and his staff were consummate professionals when I needed a law office to represent my injury case. They communicated the process in detail and kept me apprised of the progress as necessary. It was a relief to be able to rely on them during a stressful time. It was nice to have the personalized attention of a smaller law firm as my champion.” — Lynne N.

“When you’re involved in an accident and have injuries you need an attorney who is experienced AND who will give you the personal attention you need. You want someone who the insurance companies know won’t just accept any offer to make a commission. That’s what separates Mr. Fuchs from the rest, especially the large law firms. He knows the law and he will fight for you like you are a member of his family. I highly recommend him to anyone who has been in an accident and needs aggressive representation for their injuries and other financial losses that happen as a result!” — C.G.

Types of Fort Lauderdale Motorcycle Accident Cases We Handle

There are many different types of motorcycle accidents, each with its distinct circumstances. The following is a brief look at some of the most common causes of accidents:

• Single-vehicle accidents: These typically occur due to potholes, debris in the road, or uneven road surfaces. In some instances, malfunctions in a motorcycle’s components, such as tires or brakes, can contribute to single-vehicle accidents.
• Multi-vehicle accidents: Cars, trucks, and other motor vehicles commonly strike motorcycles. Intersections are among the most common locations because drivers turning left may not see motorcycles. Motorists will also hit riders when drifting out of their lane.
• Rear-end collisions: Drivers will often tailgate motorcyclists, causing a rear-end accident when the rider has to make a sudden stop.

Financial Compensation Available Through a Motorcycle Accident Lawsuit

Suffering a severe injury on a motorcycle can lead to substantial expenses, physical pain, emotional distress, and other burdens.

A critical step toward lessening the impact of these hardships is seeking compensation through a motorcycle accident lawsuit. These are just some of the damages David Fuchs Injury Law will work to recover for you.

Medical Expenses

Motorcycle accidents often lead to terrible injuries that require immediate and, often, ongoing medical attention. You may recover compensation to cover your present and future medical bills, including:

• Hospitalization
• Surgery
• Physical therapy
• Medications
• Medical devices
• Home care

Lost Wages

If you’re severely hurt, you might not return to work for weeks, months, or even years. There might be a chance you’ll never go back to your job. Compensation for lost income can address this financial strain, delivering much-needed support as you recover. You can pursue compensation for not only your present lost income but also lost potential future earnings.

Pain and Suffering

While medical bills and lost income are tangible damages, pain and suffering are intangible. Pain and suffering compensation includes your physical pain and the injury’s effect on your life. Not every law firm in Fort Lauderdale that handles motorcycle accidents has the skill to calculate pain and suffering and other intangible damages accurately, but David Fuchs Injury Law does.

Emotional Distress

Emotional distress refers to the psychological and emotional suffering you experienced due to a motorcycle accident. It includes the negative emotions and mental anguish that can significantly impact your well-being.

While the physical injuries sustained in a motorcycle accident are often evident, emotional distress represents the less tangible but equally valid aspect of your harm.

Wrongful Death Claims

Surviving family members can file a wrongful death lawsuit if a loved one dies in a motorcycle accident. Compensation may include:

• Funeral, cremation, and burial expenses
• Loss of consortium and/or companionship
• Loss of future earning capacity
• Pain and suffering (emotional distress)

If the court finds that the defendant’s actions or inactions were grossly negligent, the victim’s family may be able to recover punitive damages.

How a Skilled Fort Lauderdale Motorcycle Accident Lawyer Will Fight the Insurance Company

You might already know that it can be more challenging for motorcyclists to obtain fair compensation when they suffer injuries in an accident.

One reason is that Florida law doesn’t provide personal injury protection (PIP) insurance for motorcycles. Riders must pursue other options when they need money to cover their medical and other accident-related expenses.

Another challenge is the bias toward motorcyclists mentioned earlier. Television and movies have perpetuated the stereotype that riders are thrill-seekers and troublemakers. Many people believe those stereotypes and assume riders are to blame whenever an accident happens. Insurers exploit that stigma when working to deny motorcyclists the money they deserve.

Fortunately, a skilled lawyer specializing in motorcycle accidents in Fort Lauderdale can counteract an insurance company’s attempt to capitalize on motorcycle bias in the following ways.

Thoroughly Investigate the Accident

The foundation of a successful insurance claim or potential lawsuit lies in a comprehensive investigation. A skilled Fort Lauderdale motorcycle accident lawyer will meticulously gather crucial evidence, interview witnesses, and reconstruct the accident scene. This involves:

• Collecting evidence: This process includes obtaining accident reports, medical records, and available surveillance footage. The lawyer may also visit the accident scene to assess conditions firsthand.
• Interviewing witnesses: Eyewitness accounts can provide valuable perspectives on the events leading up to the accident. A seasoned lawyer will work to gather statements from individuals who saw what happened.
• Accident reconstruction: Utilizing experts in accident reconstruction, your attorney can recreate the sequence of events. This scientific approach helps establish a clear understanding of how the accident occurred and who may be at fault.

Negotiate With Insurers

Insurance company negotiations are delicate and strategic. Insurers train adjusters to minimize payouts, emphasizing the need for a skilled Fort Lauderdale motorcycle accident lawyer to advocate for the victim’s interests. The negotiation process involves the following:

• Presenting a compelling case: Armed with solid proof and a detailed assessment of damages, your attorney will craft a compelling narrative that establishes the liability of the at-fault party.
• Articulating the victim’s needs: A seasoned Fort Lauderdale motorcycle accident lawyer can effectively communicate the full scope of the victim’s losses and the financial impact of the accident.
• Counteracting insurance tactics: Insurance companies may employ various tactics to reduce payouts. For example, an adjuster may try to trick an accident victim into accepting blame or tempt them with a lowball settlement offer. Experienced attorneys know how to defeat these strategies, protecting your legal rights and challenging any attempts to undervalue your claim.

Prepare for Litigation if Needed

No one likes going to court. Insurance companies prioritize maximizing profits, not paying for high-priced, high-powered legal teams. However, there are many instances where insurers refuse to offer a fair settlement.

When that happens, you may need to go to trial.

Fort Lauderdale motorcycle accident lawyers with extensive trial experience, such as the attorney at David Fuchs Injury Law, will typically prepare in the following ways:

• Developing a legal strategy: The lawyer formulates a robust legal strategy, identifying key arguments, evidence, and legal precedents that support the victim’s case.
• Courtroom advocacy: With extensive preparation, your lawyer will advocate for your rights. They’ll present a compelling argument before a judge and jury, seeking to establish liability and secure the compensation you deserve.

Procedural adherence: Navigating the legal intricacies of a courtroom requires adherence to procedural rules and deadlines. A seasoned Fort Lauderdale motorcycle accident lawyer will meet all legal requirements to help make their clients’ cases as strong as possible.

Hotspots for Fort Lauderdale Motorcycle Accidents

Motorcycle accidents continue to occur far too often in Florida. Certain areas of Fort Lauderdale are more dangerous for riders than others. These accident hotspots include:

• U.S. Route 1 near the Commercial Boulevard, Oakland Park Boulevard, and Sunrise Boulevard interchanges
• Sunrise Boulevard between Bayview Drive and Andrews Avenue
• Downtown Fort Lauderdale, specifically in the area within the boundary of Andrews Avenue, U.S. Route 1, Northeast Second Street, and Southeast Second Street

Reasons Motorcycle Wrecks Occur

Motorcycle accidents can occur for a variety of reasons. The most prevalent reason is negligent motorists. Many drivers fail to acknowledge the presence of bikes. They’ll either lose focus on their surroundings or forget to check blind spots when turning or changing lanes.

Distractions

Distracted driving is a significant contributing factor to motorcycle wrecks. Too many motorists use their smartphones to text and talk when behind the wheel. Even a momentary lapse of focus can lead to disaster.

Failure to Yield at Intersections

As noted earlier, intersections are among the most dangerous areas for riders. Drivers might fail to yield to motorcycles, often resulting in terrible consequences. According to the National Highway Traffic Safety Administration, 42% of all motorcycle fatalities occur at intersections due to cars turning left while the rider was going straight.

Speeding

Speeding is another contributing factor to motorcycle crashes. The faster a driver travels, the less time they’ll have to react quickly to unexpected situations. Motorists often become frustrated with traffic congestion or run behind schedule. When they drive too fast, they significantly increase the risk of hitting a rider.

Impaired Driving

Driving while under the influence of drugs or alcohol dramatically reduces a motorist’s ability to focus on the road and their surroundings. If a motorcyclist appears, an impaired driver will be more likely to hit them than if they were sober.

Drunk or high drivers not only have impaired judgment, but their coordination also suffers. The consequences are often tragic.

Common Motorcycle Accident Injuries

Motorcycles are significantly lighter than other passenger vehicles and offer much less protection. Thus, motorcycle riders often suffer more severe or catastrophic injuries than those involved in a car accident. Common motorcycle accident injuries include:

• Scrapes, bruises, cuts, and scratches
• Road rash
• Strains, sprains, and soft tissue injuries
• Broken Bones
• Face and eye injuries
• Head injuries
• Traumatic brain injuries
• Internal injuries
• Simple and compound fractures
• Spinal cord injuries
• Back, neck, and shoulder injuries
• Psychological injuries, including post-traumatic stress disorder, anxiety, and depression

Due to the lack of protection compared to cars, motorcycle injuries are usually more severe and can lead to long-term or permanent disabilities.

What Can I Do to Protect Myself From Injury if I Am in a Motorcycle Accident in Fort Lauderdale?

Motorcycle riders must be more alert than other passenger vehicles, as those driving cars and trucks often say they didn’t see the bike and rider. You can help protect yourself by doing the following:

• Never assume what another driver will do or that the other driver sees you.
• Looking more than once before going through an intersection.
• Always look behind you at traffic control signals.
• Monitor your blind spots.
• Never travel in a vehicle’s blind spots. If you must pass through a vehicle’s blind spot, do not “hang” there.
• Always wear eye protection, even if you wear a full-face helmet.
• Dress in long sleeves, pants, and appropriate shoes, such as boots. Sneakers, sandals, or flip-flops do not provide enough protection.
• Wear a helmet every time you ride.

Statute of Limitations in a Fort Lauderdale Motorcycle Accident Case

Florida Statutes provide for the amount of time you can take legal action in a personal injury case, including accident injuries and wrongful death. According to Fla. Stat. § 95.11 (2022), you have two years to file a claim.

If you miss the deadline, you may not be able to recover any compensation. Always seek legal representation as soon as possible after a motorcycle accident, as it takes longer than you think to investigate a case and develop a strategy to recover the financial compensation you deserve.

Important Florida Statutes Motorcycle Accident Statutes to Be Aware of

All motorcycle riders should be aware of motorcycle laws in Florida. Be aware of these laws before you head out to ride.

• You cannot use headphones, headsets, or other listening devices other than a hearing aid.
• Must have at least one stop lamp and a multiple-beam headlight.
  • The headlight must be strong enough to illuminate people and vehicles at least 300 feet away with high beams.
  • Your low beams must allow you to see people and vehicles at least 150 feet away.
• You are entitled to use a full lane, and other vehicles cannot “lane share” other than two motorcycles riding abreast.
• You must wear protective headgear that complies with Federal Motorcycle Vehicle Safety Standard 218 (DOT approved), and you must securely fasten the helmet unless you meet the exceptions.

What Should I Do if I Get Into a Motorcycle Accident?

After a motorcycle accident, assess your injuries. If you feel you may cause more damage by moving, do not move until first responders can assess your condition. If possible, try to do the following:

1. Call first responders.
2. Check on others involved in the accident.
3. Take photos of the accident scene, including any property damage to roads and yards.
4. Allow emergency medical technicians to check you over, even if you feel your injuries are minor.
   • Some injuries may take hours or even days to manifest. EMT documentation is the first step in recovering the compensation you deserve.
5. Obtain contact information from others involved in or who have witnessed the accident.
6. Always stick with the facts when giving the police officer your statement
7. Seek medical help after a motorcycle accident, as obtaining this information will help document injuries that could manifest later.
8. Contact a motorcycle accident attorney as soon as possible.

Protect Yourself From Insurance Companies

In addition to the actions you should take, there are several actions you should not take.

• Do not admit fault.
• Be careful of statements that insurance companies may twist to their benefit.
• Stay off social media. Insurance companies toll accident victims’ profiles. Posting something as innocent as a dinner out with your family could give insurance companies an “in” to deny your case or offer you a pittance. They will argue that your injuries are not that bad if you can go out to eat.

How Long Can a Personal Injury Claim Settlement Take?

All motorcycle accidents are different; thus, it is challenging to determine an exact timeline for your case. Several factors affect the duration of a case, including but not limited to:

• The severity of your injuries
• The probate court, in the case of a wrongful death claim
• The number of defendants involved — wrecks with commercial vehicles may involve several people or companies liable for your injuries and losses
• Whether the insurance companies reach a fair and reasonable settlement, if not, you may have to take your case to court
• Whether you are asking for punitive damages
• The length of time it takes you to recover
• Availability of the courts if you have to litigate

The Effect of Helmet Use When Trying to Recover Damages From a Motorcycle Accident

If you wear a helmet and suffer injuries in a motorcycle wreck, you can recover compensation for all of them. However, if you do not wear a helmet, you may see a reduced recovery. Florida’s helmet law requires those 21 and under to wear a helmet. However, if you are over 21 years of age and you have a minimum of $10,000 in medical insurance coverage, you are not required to wear a helmet.

When not wearing a helmet, the at-fault driver (and their insurance company) may claim that not wearing a helmet was negligence on your part and may not pay for face and eye injuries and traumatic brain injuries.

How to Maximize Your Chances of Obtaining Compensation

Your actions in the aftermath of a motorcycle accident may significantly increase your chances of winning your case. Remember to:

• Continue your medical treatment. Adhering to prescribed medical treatments and attending follow-up appointments is essential for your recovery and provides crucial documentation for your case.
• Retain all your accident-related paperwork. Keep meticulous records of all medical bills, property damage costs, and other expenses related to the accident. These records will help your Fort Lauderdale motorcycle accident lawyer accurately calculate your damages.
• Don’t communicate with any insurance company representatives. Always remember that the insurer will use anything you say against you. Don’t have any conversations with adjusters or any other insurance company professionals without speaking to your Fort Lauderdale motorcycle accident lawyer.
• Document your experience. Maintain a detailed journal describing your physical and emotional experiences following the accident. Note pain levels, mood changes, and the overall impact on your daily life.

Don’t Forget to Bring the Right Documents to Your Consultation

When you speak with your Fort Lauderdale motorcycle accident lawyer, it will help if you have accident-related documentation. For example, try to bring copies of all medical records. These include diagnoses, treatment plans, prescriptions, and any other paperwork that gives a comprehensive view of your health status.

Bring all bills and invoices for your medical treatment and property damage repairs. If you’re likely to miss extensive work, bring your pay stubs to show your lost income.

Determining Fault in Fort Lauderdale Motorcycle Accidents

To determine fault in a Fort Lauderdale motorcycle accident, insurance companies take several actions, such as:

• Reviewing the police report
• Obtaining statements from witnesses
• Viewing traffic cam and dash camera footage
• Investigating the accident scene
• Obtaining expert opinions from doctors and accident reconstruction experts

Florida’s comparative fault laws can affect the amount of compensation you recover, depending on the amount of fault the court assigns to you.

Holding a Careless Driver Accountable for a Motorcycle Accident

You have three options to recover compensation after a motorcycle accident.

• File an insurance claim: You may not recover the compensation you deserve, as insurance companies will find any reason to deny your case. Otherwise, they will find any reason to offer you as little as possible, as insurance companies are in business to make a profit.
• Negotiating a settlement: An experienced motorcycle accident attorney can help negotiate a settlement on your behalf. Personal injury lawyers know the tricks insurance companies use to deny your claim or offer you a pittance and can help reduce the risk of this happening.
• Litigating your case: If the insurance company refuses fair and reasonable compensation, you can opt to litigate your case in court.

To recover compensation, you must prove the at-fault driver was negligent. An experienced motorcycle accident attorney can guide you through the process and protect your rights.

We See You Even if the Other Driver Didn’t. Contact Our Motorcycle Accident Lawyers Today

We at David Fuchs Injury Law are committed to guiding you through every step of your case. Not only will we passionately advocate for your rights, but we’ll also keep you updated at every turn. We won’t stop until we’ve done everything possible to obtain the compensation you deserve for all of your financial and intangible losses.

To schedule a free consultation, please call us at (954) 568-3636 or contact us now.