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Motorcycle Accidents


If you have been injured in a motorcycle accident, you are faced with all of the same concerns and considerations as victims of any other motor vehicle accident, where an insurance company is going to be involved. But motorcycle accidents are also very different from other accidents. Therefore, it is important in hiring an attorney that you are represented by someone who gets that difference.

I am an avid rider and have enjoyed motorcycles since I learned to ride at the age of 8. I have owned and operated various streetbikes and I am also aware of the stigma that attaches to every rider, no matter how law abiding or safety minded. We all have witnessed motorcycle riders that cut through the lanes of traffic, drive in a reckless manner, or drive at an extremely high rate of speed. Sadly, while these antics are only engaged in on public roads by a small percentage of motorcycle enthusiasts, every motorcycle rider who is injured first has to convince the insurance company involved that he or she was not in fact operating in a reckless manner.

Insurance companies routinely exploit the misguided public perception that motorcycle riders are reckless or lawless individuals with a death wish in order to minimize and otherwise devalue legitimate claims. All of this while the Hurt Report, the most definitive body of scientific research done on motorcycle accidents where other vehicles are involved, has concluded that in these accidents, the driver of the car is at fault in two out of every three accidents. It goes without saying as well, that victims of motorcycle accidents tend to have more significant and severe injuries that those who drive cars.

Do I Need An Attorney?

Having a professional review your situation is always a good idea. Sometimes, it's absolutely vital. In limited circumstances with minor injuries, we may sometimes recommend that you handle a motorcycle accident case yourself. But in most situations, these cases quickly become complex and demand that a legal professional be at your side to get the recovery you deserve. Call us and we will give you a free consultation and straightforward advice about your specific case.

Not every attorney has the same approach to handling your motorcycle injury case. Many lawyers look at certain aspects of the case such as the insurance company involved and simply rush to settle the matter, accepting the first offer they receive. They believe their job is done the moment they get a settlement offer. At The Law Offices of Eric A. Kay, we stay with you every step of the way and ensure that you get the largest recovery possible for your motorcycle accident. We care about our fellow riders, and take pride in our service to the motorcycle community.

If you've been injured and would like to speak to our motorcycle accident lawyers, call 954-330-8994. We handle cases in Miami, Fort Lauderdale, and throughout Florida.

When you call the Law Office of Eric A Kay, P.A., you'll be talking to a fellow rider who understands your position and is going to fight for the maximum possible payout from the insurance company, whether that is your own insurance provider or that of the other driver. You may be able to collect for medical expenses including:

  • emergency treatment
  • hospitalization
  • surgery
  • ongoing care
  • rehabilitative treatment
  • lost income including future lost wages
  • pain and suffering


Those who love the independence of being on a bike commonly have that go-it-alone personality showing up in other parts of their lives. When it comes to negotiating with an insurance company claims adjuster, however, you will typically not do yourself any favors by doing it yourself. The claims adjuster or attorney working for the insurance company has only one goal: to keep the value of your claim as low as possible.

There are details and statutes in the law that could limit your recovery if you don't file the proper paper work on time. Medical liens from the hospital and doctors may turn out to be an issue if the case drags on. Lien laws can be very confusing and you may end up paying far more money to health care providers than is necessary. Did you know that your own insurance carrier may try to keep some of any judgment or settlement through a process known as subrogation? Without an attorney, you may pay more money to your insurance carriers than is necessary. At the Law Offices of Eric A. Kay our motorcycle accident lawyers will negotiate and settle any insurance claims or medical liens.

According to studies on the subject, involving a lawyer in your settlement negotiations and/or possible lawsuit against an insurance company will often result in a larger overall payout in the end. But there is more to the process than just the money. An attorney's involvement is likely to help you reduce stress at a time when you don't need more stress in your life, and dramatically reduce the amount of time you spend in dealing with the financial portion of your accident.

Helmet Use and Effectiveness

As noted above, we are personally involved as enthusiasts in the motorcycling world. While helmet use is not mandatory in the State of Florida, the following information is provided as a courtesy.

NHTSA estimates that helmets saved the lives of 1,829 motorcyclists in 2008. If all motorcyclists had worn helmets, an additional 823 lives could have been saved.Helmets are estimated to be 37-percent effective in preventing fatal injuries to motorcycle riders and 41-percent for motorcycle passengers. According to NHTSA's National Occupant Protection Use Survey, a nationally representative observational survey of motorcycle helmet, seat belt, and child safety seat use, use of DOT-compliant helmets in 2008 stood at 63 percent, a gain from 58 percent in 2007. Reported helmet use rates for fatally injured motorcyclists in 2008 were 59 percent for riders and 49 percent for passengers, compared with 59 percent and 47 percent, respectively, in 2007.

If you would like to learn more about the National Highway Traffic Safety Administration (NHTSA) and their work in the field of motorcycle safety, follow our link to:

http://www.nhtsa.gov/people/injury/pedbimot/motorcycle/motorcycle03/index.htm




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The Law Offices of
Eric A. Kay, PA

12 SE 7th Street Suite 707
Fort Lauderdale, FL 33301

Phone:   954-330-8994
Fax:   754-223-4820