If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (561) 293-2600 for legal advice and representation.
Riding a motorcycle is one of the best ways to experience the fun and freedom of the open road. But despite its pleasures, motorcyclists are some of the roadway users that are most exposed to injury and death. The lack of external protection offered by motorcycles can be devastating in the event of a crash.
While motorcyclists are responsible to some extent for their own safety and protection, their safety is also the responsibility of other drivers. Many motorists tend to discount the dangers the motorcyclists are exposed to, viewing them as “part of the risk.” However, the same motorists are often responsible for injury or worse in a motorcycling accident.
If you’ve been injured in a motorcycle accident, reach out to Osborne & Francis today to schedule a free case consultation. Contact our Boca Raton office online or by calling us at (561) 293-2600.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
In short, not necessarily. Florida has a partial helmet use law, and you are within your rights not to wear a helmet while driving a motorcycle. However, your settlement may be lessened if you do so. It is assumed that if a driver chooses not to operate a motorcycle with a helmet, they are accepting some of the safety hazards associated with that choice. Doing so may also risk the introduction of unfair motorcycle bias in the settlement proceedings.
With motorcycle accidents being unfortunately common, it’s essential to know how these accidents occur. There are many potential causes, some of which leave no one at fault. Inclement weather and roadway hazards cause accidents; tragic though they are, they’re no one’s fault. But negligence is one of the dominant causes of motorcycle accidents. Negligence is usually defined as a failure to maintain an expected level of caution on the roads.
Some examples of negligent driving could include any of the following:
Motorcycle accidents could also occur due to negligence by some external force. Defective parts or poorly-maintained roadways can cause motorcycle accidents just as negligent fellow drivers can.
As with many types of personal injury, it’s challenging to know in advance what a settlement will result in. The factors that dictate a settlement vary widely but are primarily dictated by the damages inflicted. Damages are negative impacts on the well-being and livelihood of a victim and can manifest in many forms. Broadly speaking, they break down into three categories:
Economic damages, such as:
Non-economic damages, such as:
Of these three, punitive damages are the most rarely awarded and settled on. These damages deal with gross negligence, such as a record of previous negligent behavior or malicious intent.
Many Americans feel negatively about the risks associated with motorcycles. While everyone is entitled to their opinion, these negative biases could affect how those in authority deal with motorcyclists. These biases must be recognized to ensure a fair trial; a biased party may damage the possibility that an accident victim will receive the settlement they deserve.
The easiest way to work around a bias like this is to drive patiently, carefully, and safely. Maintaining a clean driving record and wearing a helmet are vital steps in avoiding the worst of an individual bias. In addition, having key witnesses in the event of a collision can be extremely helpful. Above all, though, having a seasoned attorney is the best way to ensure these biases do not fall on you as a motorcyclist.
Many doctors find motorcycle accidents frustrating due to the inherent risk of riding a motorcycle in the first place. While this does not necessarily mean they will neglect their duties to help a motorcycle user recover, these biases may crop up in other forms. Doctors who fill out reports with this bias may influence a jury’s or judge’s decisions, even if the motorcyclist themself is a victim.
Above all, insurance companies want to protect their bottom lines. In practice, this means not awarding settlements when the possibility exists to do so. While it may seem unfair, these companies are more likely to paint a motorcycle user as unsafe. Insurance companies are very practiced in using these subconscious biases to sway juries and judges to avoid settlement payments.
Most judges and juries are drivers too. They are not immune to developing their own biases against motorcyclists, and if an accident case appears in a courtroom, they may confirm their own beliefs with action. Thankfully, a capable attorney will point out these biases as they occur.
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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
Accident attorneys are trained to investigate the circumstances of your accident and ensure you are awarded a settlement for any and all damages that have occurred. With a significant body of legal experience, an attorney will understand what to pursue and how to combat implicit biases.
When an accident occurs, there’s no time to waste. At Osborne & Francis, we want to help you seek the compensation you are owed for the damages done in an accident. Contact us today to schedule a free case evaluation by reaching out online or calling us at (561) 293-2600.
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