Personal Injury Lawyers,
Jacksonville, FL

Frequently Asked Questions About Motorcycle Accidents

Our law firm has handled hundreds of cases

If you've been hurt in a motorcycle accident, dealing with the aftermath can be even worse than the crash itself. You have medical bills and other expenses, and you may not be able to work and pay the bills. And it may seem as though the odds are stacked against you - insurance companies don't treat motorcycle riders well, and others may assume that you were at fault for the accident.

    Free Case Consultation

    The Law Firm of Pajcic & Pajcic knows that most motorcyclists are safe, responsible operators, and we're proud to represent the men and women who ride. As a free service, we've compiled a list of questions and answers to commonly asked questions about motorcycle accidents - questions we've been answering for our clients for over four decades.

    If you don't see your question listed here, we'd be more than happy to answer it during a free consultation. Even if you do see an answer, remember that these questions and answers are general information, not specific legal advice on your individual case. If you or a loved one has been hurt in a motorcycle accident, we strongly encourage you to contact us right away. Our experienced motorcycle accident attorneys will discuss your accident and help you create a winning legal strategy.

    Do I need to call the police to the scene of my accident?

    Yes. In Florida, you need to report any accident causing at least $500 in property damage or any injury to the police. It would be highly unusual for a motorcycle accident to not cause any injury at all, even if the injuries are minor. More to the point, you need to call law enforcement to the scene to have a record of what happened, just in case you ultimately need to file a claim. Make sure you comply with the investigating officer's instructions and get his or her name and badge number.

    Return to Top

    I walked away with only a few scratches. Do I really need to see a doctor?

    Absolutely. You could have an internal injury or brain injury that will take time to become readily apparent. The sooner you see a doctor, the better for your health. In addition, getting medical help right away will help you document your injuries in case you later need to file a claim.

    Return to Top

    What if I can just use my paid sick time and health insurance?

    As far as your right to compensation is concerned, that doesn't matter. Even if you have other means of paying for some of your accident-related expenses, the driver who caused your injuries is still responsible for compensating you. You may be able to "buy back" used sick time from your employer or reimburse your health insurance carrier - if they will even pay for injuries sustained in a motorcycle accident in the first place - with money you recover in a settlement or verdict.

    Remember, also, that you may be entitled to compensation for losses that cannot be covered by any means other than a personal injury lawsuit, such as pain and suffering. Those are real losses that you've sustained due to your accident, and when you seek compensation, you're merely seeking to be made whole again.

    Return to Top

    I wasn't wearing a helmet. Can I still recover damages?

    It depends. If you injured a part of your body other than your head, your failure to wear a helmet likely won't matter. And even if you did sustain a head injury, the fact that you weren't wearing a helmet doesn't absolve the at-fault driver of responsibility.

    Florida uses the legal principle of comparative negligence, which means any damages you recover can be reduced proportionally if you are found to be partially at fault for your injuries. For example, if a jury finds that you were 30 percent responsible due to not wearing a helmet and the driver who hit you was 70 percent responsible due to actually causing the collision, you could still recover, but your recovery would be reduced by 30 percent.

    Some law firms shy away from cases where the victim was not wearing a helmet or otherwise did something to cause their injuries. We don't. We strongly encourage you to contact Pajcic & Pajcic to see if you have a case.

    Return to Top

    How much is my claim worth?

    Every accident is unique, and the value of your claim depends on the facts of your individual case. You may be entitled to damages (financial compensation) for any or all of the following losses:

    Depending on the circumstances of your accident, you may be entitled to thousands or millions of dollars - and generally, that compensation is considered tax-exempt. That's why it's so important to discuss your case with an experienced attorney.

    Return to Top

    Can an attorney help me with my case?

    Absolutely. Insurance companies and juries tend to be biased against motorcycle riders. An experienced attorney can investigate your accident and build our case to overcome that bias. That's why you need to contact The Law Firm of Pajcic & Pajcic as soon as possible to discuss your case. There is no charge for the initial consultation - we just want you to be aware of your legal rights. Call today.

    Return to Top

    How do I get a copy of my accident report?

    You can contact the Florida Highway Patrol or local law enforcement agency that responded to your motorcycle accident. You can also order a copy online from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The accident report should be available within 10 days and you will be charged a fee. Our firm can also help you get a copy of your report.

    Return to Top

    What if my accident was caused by a hit-and-run driver?

    If the driver who caused your accident fled the scene, police can investigate to try to determine the driver’s name. If the driver is identified, you can file a claim for compensation with the other driver’s insurance company. However, they may not have insurance, making recovering compensation more difficult.

    If you have optional uninsured and underinsured motorist coverage (UIM) on your policy, you can file a claim for damages with your own insurance company. An experienced attorney can review the details of your accident and go over your options.

    Return to Top

    How long will it take to resolve my case?

    There is no simple answer to that question as each case is different. It depends on many different factors including the severity of your injuries. In fairly straightforward cases involving relatively minor injuries, it may be possible to reach a settlement within several months. However, if you suffered severe injuries, the insurance company may fight your claim because there can be a lot of money at stake. Cases that go to trial can take a few years to resolve.

    An experienced attorney can give you a better idea of what to expect with your case during a free consultation.

    Return to Top

    Pajcic & Pajcic
    1 Independent Dr Suite 1900
    Jacksonville, FL 32202

    Local: 904-358-8881

    Fax: 904-354-1180