Cape Coral Motorcycle Accident Lawyer

Representing Motorcycle Accident Victims in Fort Myers and Naples

Motorcycles offer a lot of freedom on the road, but that freedom comes with risk. Motorcyclists are more likely to sustain catastrophic injuries in a collision with other vehicles. This risk is even more pronounced because other drivers often fail to give motorcyclists a proper level of respect and caution.

If you have suffered injuries in a motorcycle accident, you are likely struggling to get your life back on track. You may be facing ongoing medical bills you cannot hope to repay on your own. You may be unable to return to work, and, depending on the severity of your injuries, your ability to complete everyday tasks may be compromised. When these injuries are caused by someone else’s negligence, you deserve to recover just compensation, and our team at Lusk, Drasites & Tolisano can help. Our Cape Coral motorcycle accident lawyers have been handling these cases locally for over 40 years. Our communities regularly put their faith in us, and we do everything in our power to deliver. We are ready to fight for you and provide the capable, compassionate support needed to win.

You owe no legal fees unless we win your personal injury case, so call (239) 908-4930 or contact us online to schedule a free initial consultation. Se habla español.

Who Is Liable for a Motorcycle Accident in Florida?

All drivers, including motorcyclists, owe one another a duty of care. They become responsible for any injuries they cause when this duty of care is violated. Many motorcycle accidents are caused by negligent drivers who fail to follow the rules of the road, which include looking out for other vehicles.

In other words, if another driver fails to see a motorcycle when turning, changing lanes, stopping, or accelerating – consequently causing a collision – the driver is likely liable for the accident. A driver also is likely to be found liable if their violation of a traffic law (such as failing to signal or running a stop sign) results in an accident. Due in part to the relatively small size of their vehicles, motorcyclists are more likely to be hit from behind or the side. Many drivers also turn in front of motorcycles without proper clearance. 

Motorcyclists must also abide by traffic laws that apply to their vehicles, and failure to do so can trigger partial liability. For example, motorcyclists cannot “lane split” in the state of Florida. If an accident occurs because a motorcyclist was attempting to lane split, they may be found partially responsible for the crash. Similarly, Florida motorcyclists can only ride in the state of Florida without a helmet if they are at least 21 years old and have a sufficient level of insurance. 

If you are concerned about liability or are not sure whether you have a case, turn to our Cape Coral motorcycle accident attorneys. We will thoroughly analyze your circumstances and walk you through your legal options.

Common Injuries in Motorcycle Accidents

Motorcycle accidents can cause a variety of injuries, but some are more common than others. For example, many people involved in collisions on motorcycles suffer traumatic brain injuries, like concussions, subdural hematomas, coup contrecoup injuries, and hemorrhages. They are also likely to suffer internal bleeding and organ damage due to the impact of their accidents. People who crash while riding motorcycles frequently suffer fractures, many of which are serious and require surgical repair. Finally, other common injuries in motorcycle accidents include abrasions, lacerations, and contusions.

Common Types of Motorcycle Accidents

• Broadside collisions: Broadside collisions, also known as T-bone accidents, take place when the side of one vehicle, such as a motorcycle, is hit by the front or rear of another vehicle, causing the two vehicles to form a "T" shape. They are particularly common at intersections. 
• Dooring accidents: Some accidents occur when a driver or passenger in a parked car opens a door into the path of an oncoming motorcycle. Because open vehicle doors cause accidents so frequently in Florida, the legislature drafted a law to address this hazard. Specifically, the law states that no one is permitted to open any door on a motor vehicle unless it can be opened without interfering with the flow of traffic, and it is reasonably safe to do so. Additionally, the law prohibits people from opening a vehicle door on the side of the vehicle that is adjacent to moving traffic for longer than is necessary to allow people to enter or exit a vehicle. 
• Unsafe lane change accidents: Florida law expressly requires motorists to use caution when changing lanes. Specifically, drivers must ensure that their intended lanes of travel are free from oncoming traffic and that they have clear visibility prior to changing lanes. The law also requires drivers to activate their turn signals at least 100 feet before changing lanes. Unfortunately, motorcyclists are more likely than other motorists to be involved in accidents caused by unsafe lane changes due in part to the fact that motorcycles are small compared to other vehicles and often go unnoticed by other drivers.
• Left-turn collisions: Left-turn accidents often lead to serious injuries and needless fatalities. They arise from many potential causes, including distracted driving, aggressive driving, starting a left turn too early or too late, poor visibility, and ignoring a stop sign. 
• Intersection accidents: Intersection accidents are often caused by people who fail to pay attention to or follow traffic signals. For example, a driver may run a red light before hitting you on your motorcycle. Intersection collisions can also happen when people make unprotected right and left turns or change lanes. 

What Compensation Can I Recover in a Florida Motorcycle Accident Lawsuit?

To get compensation for economic and non-economic losses after a Florida motorcycle accident, you will need to act quickly. You have two years from the date of the crash to file a personal injury lawsuit. You cannot get any compensation if you miss this deadline, so it is important to get legal advice as soon as possible.  

Because motorcyclists are more exposed than drivers of closed vehicles, victims are more vulnerable to catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and injuries to internal organs. Some of these injuries could become fatal. In these instances, survivors of the victim have two years from the date of the deceased’s passing to file a wrongful death lawsuit.

Our Cape Coral motorcycle accident lawyers will seek compensation for all losses, including:

• Past, current, and future medical bills
• Lost wages and earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

What If I Am Partially Responsible for a Motorcycle Accident in Florida?

Motorcyclists sometimes worry that they will be denied damages if they are partially to blame for an accident. As a result, they never speak to an attorney and do not pursue a case that could support their recovery. 

Even if you were partially responsible for a Florida motorcycle accident, you may still be eligible for compensation. So long as you can prove that the other driver contributed to the accident, you can still take your case to court and potentially recover some damages to cover medical care and other critical expenses.

Florida uses “comparative negligence” rules, meaning your level of fault determines how much you recover. The court will decide both the plaintiff’s and the defendant’s level of fault and assign a corresponding percentage. The plaintiff’s total damages are then reduced by this percentage of responsibility.

For example, say the court determines the plaintiff motorcyclist is 40% at fault, while the defendant is 60% at fault. The plaintiff’s damages total $100,000, which are reduced by 40%, meaning they get $60,000. Unlike some states, Florida does allow plaintiffs to recover some damages even if they are more than 50% to blame. So, a plaintiff could be found 80% responsible and still be entitled to some damages. 

We understand how courts evaluate allegations of partial liability and can advise how your share of the blame could affect your recovery. No matter the circumstances, our legal professionals at Lusk, Drasites & Tolisano will fight to put you in the best possible position and maximize what you recover.

Can You Recover Damages If You Weren't Wearing a Helmet?

In Florida, riders over the age of 21 are not required to wear a helmet while riding a motorcycle, as long as they meet certain conditions. Specifically, they must have an insurance policy that provides at least $10,000 in medical benefits for injuries sustained in a motorcycle crash. However, if you are involved in a motorcycle accident and were not wearing a helmet, it may affect your ability to recover damages, particularly if your injuries are more severe than they would have been with proper head protection.

While not wearing a helmet does not automatically bar you from receiving compensation, it could be used against you in a personal injury claim. If it can be shown that your injuries were exacerbated by not wearing a helmet, the at-fault party or their insurance provider may argue that you contributed to your own harm, reducing the amount of compensation you are entitled to. This is known as comparative negligence.

Despite the legal implications, wearing a helmet remains one of the most effective ways to prevent serious injuries in a motorcycle accident. Helmets significantly reduce the risk of traumatic brain injuries, skull fractures, and other life-threatening conditions. In addition, wearing a helmet could strengthen your case in court by demonstrating that you took reasonable steps to protect your health and safety.

Ultimately, if you were not wearing a helmet during an accident, it is still possible to recover damages, but the specifics of your case should be discussed with an experienced Cape Coral motorcycle accident attorney. They can help navigate the complexities of the law and maximize your potential compensation, even in cases where helmet use was not involved.

You can trust our team to give your motorcycle accident case the attention and care it deserves. Call (239) 908-4930 or contact us online to start exploring your legal options.