Personal Injury Lawyers
Tampa, Florida
813.482.0355
813.482.0355

Tampa, FL Motorcycle Accident Lawyer

Attorney Armando Edmiston can help you get maximum compensation

By their very nature, motorcycles are more dangerous to operate than cars and other passenger vehicles. That’s because motorcyclists are out in the open while passengers inside cars are protected by the vehicle’s metal frame, seatbelts, and airbags. At the same time, if someone is irresponsible and their negligence results in you getting injured in a motorcycle accident, it’s important to remember that you do have rights.

Damaged motorcycle on ground after motorcycle accident in TampaIf you went down in a crash caused by someone else and suffered serious injuries, you may find yourself searching for a motorcycle accident attorney to help you get the financial compensation you’re entitled to.

Insurance companies are infamous for treating injured motorcyclists poorly because of the cliché that all riders and bikers take unnecessary risks. No matter what the cause of your motorcycle accident, some insurance companies will argue that you are responsible for your own crash. At Armando Personal Injury Law, we know that’s an unfair stereotype. Yet we’ve still handled a lot of cases where an insurance company unjustly refuses to give a hurt rider compensation that’s fair.

No matter what type of motorcycle accident you’re dealing with, you don’t need to settle for less than what you deserve. Attorney Armando Edmiston admires and respects the motorcycle community and can aggressively advocate for your best interests, whether it’s at the negotiating table or in the courtroom.

“Happy with the outcome of my case. Armando was great throughout my case! He and his team took great care of me. Everyone was friendly and very communicative throughout the process. I recommend Armando for sure!” - Luis O., ⭐⭐⭐⭐⭐

Average Google Rating: 4.9/5 stars, 161 reviews

FAQs About Motorcycle Accidents in Tampa and Across Florida

Find answers to frequently asked questions about motorcycle accidents in Tampa and throughout Florida. Use the links below to navigate:

What are the most common motorcycle accident injuries?

It’s been shown that most motorcycle accidents result in some kind of injury, with head injuries and brain damage being the most common among injured riders. Other common motorcycle accident injuries include:

  • Traumatic Brain Injuries/Concussions
  • Skull Fractures
  • Head Contusions
  • Road Rash
  • Fractured and Broken Bones
  • Back and Neck Injuries
  • Spinal Cord Damage / Paralysis
  • Biker’s Arm (Nerve Damage)
  • Internal Organ Damage
  • Lost Limbs/Amputation

When you’ve suffered a serious injury in a motorcycle accident, it’s critical that you make sure your medical and financial needs are met not just now, but in the years to come as well. Tampa motorcycle accident attorney Armando Edmiston realizes the impact a bad motorcycle crash can have on your life, which is why he will fight to get you maximum compensation.

Around 80% of all reported motorcycle crashes result in injury or death, source: NHTSA

Was someone you love tragically killed in a motorcycle crash? While no amount of money can bring back your loved one, our law firm can help you pursue a wrongful death claim so that you don’t have to worry about how you’re going to make ends meet now and moving forward.

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What is the average settlement for a motorcycle accident?

The average motorcycle accident settlement will typically include compensation for all your accident-related expenses, including:

  • Medical Expenses
  • Lost Wages
  • Loss of Earning Capacity
  • Replacement Services
  • Property Damage
  • Pain and Suffering/Punitive Damages

It is important to note that in Florida, you typically have two years from the date of the accident to file a claim. After the two-year deadline, you may be unable to pursue any legal action and seek financial compensation.

The amount of compensation you receive from your motorcycle accident claim will depend on the extent of your injuries and the specific details of your case. In particular, your compensation can be significantly affected by comparative negligence. In Florida, if you are found over 50 percent at fault, then you cannot recover compensation. If you are less than 50 percent at fault, you can recover, but your compensation will be reduced by your percentage of fault.

One of the easiest ways to find out what your claim might be worth is to schedule a free consultation with Tampa motorcycle accident lawyer Armando Edmiston. Move fast to protect your rights and keep your legal options open.

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Who can be held liable for my Tampa motorcycle accident?

In Tampa, liability in a motorcycle accident can depend on various factors, including the cause of the crash and the involved parties' actions. Determining fault is crucial to securing fair compensation for your injuries or loss. Here are potential parties who might be held liable:

  • Negligent Drivers: Other drivers may be at fault for reckless actions such as speeding, distracted driving, failing to yield, or drunk driving.
  • Trucking Companies: If a commercial truck caused the accident, the trucking company might share liability for unsafe practices or improper vehicle maintenance.
  • Motorcycle or Auto Manufacturers: Defective parts, such as faulty brakes or tires, may hold manufacturers accountable for accidents caused by product failures.
  • Government Entities: Poorly maintained roads, missing signage, or dangerous construction zones could make a government entity responsible.
  • Other Third Parties: For example, a bar that overserved an intoxicated driver who caused the accident could also share liability under Florida’s dram shop laws.

Unraveling liability in a motorcycle accident often requires a detailed investigation, which is why having a knowledgeable lawyer can be vital. A lawyer can identify all at-fault parties and ensure you pursue every available avenue for compensation.

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What should I do immediately after a motorcycle accident in Tampa?

The moments after a motorcycle accident can feel overwhelming, but taking the right steps can protect your health, your rights, and your ability to seek compensation. Here’s what to do:

  • Seek Medical Attention: Even if you don’t feel injured, get checked by a medical professional. Some injuries, like internal trauma or concussions, may not show symptoms right away.
  • Contact Law Enforcement: Report the accident to the police and request an officer to document the scene. A police report can be crucial for your claim.
  • Document the Scene: If it’s safe, take photos of the accident scene, your motorcycle, other vehicles, road conditions, and any visible injuries.
  • Gather Contact Information: Exchange information with other parties involved, including their name, contact details, driver’s license, and insurance information. Also, collect contact information from witnesses.
  • Avoid Admitting Fault: Be cautious when speaking with others at the scene. Stick to the facts and avoid statements that could be interpreted as accepting blame.
  • Notify Your Insurance Company: Inform your insurer about the accident, but avoid detailed discussions or recorded statements until you consult with an attorney.
  • Keep Records: Save all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies.

Taking these steps can help preserve evidence and strengthen your claim. Working with an experienced motorcycle accident lawyer can make this process easier, as they can handle communication, gather additional evidence, and ensure your rights are protected while you focus on recovery.

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Can I still recover compensation if I wasn’t wearing a helmet during the accident?

Yes, you can still recover compensation even if you weren’t wearing a helmet, but it may impact the amount you receive. Florida’s comparative fault law allows your compensation to be reduced if not wearing a helmet contributed to the severity of your injuries. If your injuries are unrelated to head trauma, not wearing a helmet may not affect your claim. A lawyer can help demonstrate the full extent of your losses and minimize any reduction in compensation.

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How does Florida’s comparative fault law affect motorcycle accident claims?

Florida’s modified comparative fault law reduces your compensation by the percentage of fault assigned to you as long as your fault is less than 51 percent. For example, if you’re found 20 percent at fault, your compensation is reduced by that amount. Insurance companies often use this rule to shift blame, which is why having an experienced attorney to argue your case is essential.

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What types of compensation are available for motorcycle accident victims in Tampa?

After a motorcycle accident, victims often face significant financial and personal losses. Compensation aims to make you whole again, covering various types of damages depending on the specifics of your case. These include:

  • Medical Expenses: Costs for emergency care, surgeries, hospital stays, physical therapy, and ongoing treatment.
  • Lost Wages: Compensation for time missed from work due to injuries and for any future earning potential lost due to a long-term disability.
  • Pain and Suffering: Non-economic damages for physical pain and emotional trauma caused by the accident.
  • Property Damage: Repair or replacement of your motorcycle and other damaged property.
  • Wrongful Death Damages: If a loved one was lost, surviving family members may recover funeral expenses, loss of companionship, and other damages.

Calculating fair compensation often requires understanding the full scope of your losses, including future needs. A skilled attorney can help you account for every detail and negotiate with insurers or other parties to ensure you aren’t shortchanged.

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How long do I have to file a motorcycle accident lawsuit in Florida?

In Florida, you generally have two years from the date of the accident to file a motorcycle accident lawsuit. For wrongful death cases involving fatal motorcycle wrecks, the timeline is also two years from the date of death. However, exceptions may apply, so acting quickly to consult a lawyer ensures you meet all deadlines and preserve your claim.

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What if the driver who caused my motorcycle accident was uninsured?

If the at-fault driver is uninsured, you may still recover compensation through your uninsured/underinsured motorist (UM/UIM) coverage if you have it. In some cases, other liable parties may also be identified. Consulting a lawyer can help you explore all available options and maximize your recovery.

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How do insurance companies treat motorcycle accident claims in Florida?

Insurance companies often approach motorcycle accident claims differently than other vehicle accidents, typically trying to minimize payouts. Here’s how they may treat your claim:

  • Blame Shifting: Insurers may argue that the biker was partially or fully at fault, especially if Florida’s comparative fault laws apply.
  • Lowball Offers: Initial settlement offers may be far less than the true value of your claim, particularly for medical expenses and pain and suffering.
  • Scrutinizing Medical Records: They may request extensive documentation to dispute the severity or cause of your injuries.
  • Ignoring Long-Term Costs: Insurers often focus on immediate costs while ignoring ongoing medical treatment or lost earning potential.
  • Delays in Processing: Some insurers may intentionally delay claims to pressure victims into accepting lower settlements.

Working with a motorcycle accident lawyer ensures your rights are protected and helps counter these tactics. A lawyer can handle negotiations, build a strong case with evidence, and prevent the insurance company from undervaluing your claim.

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What if poor road conditions caused my motorcycle accident?

If hazardous road conditions caused your accident, you might have a claim against the government agency responsible for road maintenance. Examples include potholes, debris, or insufficient signage. Claims against government entities often have strict filing deadlines and procedures, making it crucial to work with an attorney who can navigate these complexities.

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Can I file a wrongful death claim for a loved one killed in a motorcycle accident?

Yes, Florida law allows certain family members, such as spouses, children, or parents, to file a wrongful death claim. Compensation may cover funeral expenses, loss of financial support, and emotional suffering. A compassionate attorney can help your family pursue justice and secure the financial resources needed during this difficult time.

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How does hiring a Tampa motorcycle accident lawyer make the process easier?

Navigating a motorcycle accident claim can feel overwhelming, especially when recovering from injuries or mourning a loss. A lawyer can simplify the process and alleviate the burden by handling the following:

  • Evidence Collection: Gathering police reports, medical records, witness statements, and accident reconstructions to build your case.
  • Negotiating with Insurers: Managing communication with insurance companies to avoid lowball offers or bad faith tactics.
  • Determining Liability: Identifying all responsible parties, including drivers, manufacturers, or government entities.
  • Valuing Your Claim: Calculating all damages—immediate and long-term—so you recover the full compensation you deserve.
  • Handling Legal Procedures: Filing claims, managing court deadlines, and representing you in court if necessary.

By hiring a lawyer, you not only reduce your stress but also significantly improve your chances of a successful outcome. An experienced attorney ensures your case is in capable hands, allowing you to focus on recovery.

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Why are motorcycle accidents more likely to cause severe injuries than car accidents?

Motorcycle accidents are inherently more dangerous than car accidents due to the lack of physical protection for riders. Here are some key reasons why injuries are often more severe:

  • Lack of Enclosure: Unlike cars, motorcycles don’t have a protective metal frame, airbags, or seat belts to shield riders from impact.
  • Smaller Size: Motorcycles are less visible to other drivers, increasing the likelihood of collisions at intersections or during lane changes.
  • Exposure to the Elements: Riders are directly exposed to the road, vehicles, and environmental hazards.
  • High Risk of Ejection: In an accident, motorcyclists are often thrown from the bike, leading to severe trauma upon impact.
  • Vulnerability to Road Hazards: Potholes, debris, and uneven pavement pose greater risks to motorcycles than to cars.

Understanding these risks highlights the importance of pursuing compensation to address the unique challenges of motorcycle injuries. A lawyer experienced in motorcycle accident cases can help navigate the complexities of your claim and ensure your losses are fully addressed.

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Should I get a lawyer for my motorcycle accident?Motorcycle lying on ground after being hit by car

If you’ve been injured in a motorcycle accident that wasn’t your fault, you should consider hiring an experienced motorcycle accident lawyer to at least discuss your legal options. You may be entitled to a significant financial recovery.

An experienced lawyer can help you navigate the legal process while protecting your rights. They can investigate your accident, negotiate with insurance companies, and work towards maximizing your compensation. Meanwhile, you can focus on your health and rebuilding your life.

Research has shown that those who get a lawyer to handle their motorcycle accident claim collect more on average in compensation compared to those who don’t. Since most motorcycle accident lawyers offer a free consultation and work on a contingency fee basis, it won’t cost you any upfront money to find out if you have a case and then have an attorney work on your claim.

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Put your faith in a trusted Tampa attorney

Once you’ve been injured in a motorcycle crash, you may see how frustrating it can be to deal with insurance adjusters who are unsympathetic to your situation. They may question the extent of your injuries, offer you minimal compensation, or worse yet – try to place all the blame on you.

You don’t need to let the insurance company push you around. By hiring a lawyer to represent you, you can get the results you need without having to deal with the insurance company on your own.

Attorney Armando Edmiston understands what you’re going through and will treat you with kindness and compassion while fighting to get you the best possible outcome in your case. He treats clients like family and considers your problems his problems. That means he will be there to answer your questions, address your concerns, and guide you every step of the way.

You also don’t have to worry about whether or not you can afford to hire us because we offer legal representation on a contingency fee basis. In other words, you pay no fees unless we recover compensation for you. To learn more, contact us for a free case evaluation.

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