Blogs from September, 2023

According to the Florida Highway Safety and Motor Vehicles (FHSMV), Florida has one of the highest motorcycle fatality rates in the United States. In 2023 alone, reports reflect nearly 400 fatalities and over 5,000 injuries have occurred due to motorcycle accidents in the state.

The unfortunate reality is that recovering fair compensation in a personal injury claim after a motorcycle accident is often exceedingly difficult for injured motorcyclists. Without experienced representation, even the most deserving injured parties can walk away empty-handed after filing personal injury claims in Florida courts.

With motorcycle accidents being so common, it’s crucial to collaborate with a trusted motorcycle accident attorney after sustaining an injury, as they can help you navigate the intricacies of court and pursue justice on your behalf while you focus on your recovery.

Keep reading to learn more about establishing negligence after a Florida motorcycle accident.

Who Is Liable in a Florida Motorcycle Accident?

Motorcyclists are at a significantly higher risk of injury and death on Florida roads compared to other drivers. There are various reasons for this, such as:

• The absence of seatbelts in motorcycles
• Careless or distracted driving by fellow drivers sharing the road
• The lack of protection between motorcyclists and their surroundings (such as the road, surrounding cars, and other motor vehicle operators)

When it comes to establishing negligence in a motorcycle accident lawsuit, numerous parties can be held liable for any ensuing injuries or fatalities depending on the case's unique circumstances, including:

• A fellow driver – Commonly, motorcycle accidents can be caused by fellow drivers on the road, such as operators in cars, buses, or trucks. In these cases, it may be necessary to prove fault on part of fellow drivers on Florida roads.
• The motorcycle manufacturer – Sometimes, the manufacturer of the motorcycle may be held liable for accidents, such as if faulty products, malfunctioning equipment, or defective parts caused the injuries.
• The institution responsible for road maintenance – In some cases, the governing body responsible for certain hazardous road conditions (such as the city or related local entities) may be held liable in a motorcycle accident.

4 Elements to Prove in Personal Injury Lawsuits

In personal injury lawsuits, the burden of proof (e.g., the responsibility of proving fault) rests with the plaintiff (the wrongfully injured party). This means the claimant must show by a “preponderance of evidence” (a legal concept meaning “more likely than not”) that the negligent party caused their injuries, thus establishing liability for damages.

To prove negligence in any Florida personal injury case, the plaintiff must demonstrate the existence of four key elements:

1. Duty of Care – The plaintiff must prove the offending party owed them a certain standard of care.
2. Breach of Duty – The claimant must show that the negligent party breached their aforementioned duty.
3. Causation – The plaintiff must present compelling evidence to the court that the offending party directly caused their injuries.
4. Damages – The claimant must demonstrate that their injuries are recoverable (e.g., compensatory) to receive compensation in a personal injury case.

5 Types of Strong Evidence in Motorcycle Accidents

Various types of evidence can be used to prove liability after a Florida motorcycle accident. Your lawyer can assist you with gathering and presenting compelling evidence to the court to establish negligence on part of the defendant (e.g., the person who injured you).

Common examples of strong evidence to fortify motorcycle accident claims in Florida include:

1. Police reports – Data, reports, and records from law enforcement officials can be excellent evidence when seeking damages for injuries sustained in motorcycle accidents.
2. Eyewitness statements – Taking statements from witnesses near the scene can also prove helpful when establishing negligence in court, as surrounding people may be able to fortify your claim or even help disprove any false claims made by the offending party.
3. Expert testimonies – In some cases, expert testimonies can help establish negligence in personal injury cases. By providing specific, well-documented scientific or medical evidence, such experts can show that injuries occurred as a result of the offender’s actions. Common expert witnesses include healthcare professionals, economic or financial specialists, or mechanical/automotive engineering experts.
4. Digital evidence – Photographs or video footage can be useful evidence in a motorcycle accident claim to establish liability on part of the negligent party. Digital evidence from CCTV or security cam footage may also be valuable to fortify your claim in court.
5. Medical records – Medical records and related documentation can be an invaluable way to establish liability in a motorcycle accident lawsuit, as such evidence can help establish causation, timelines of treamtent, and document the severity of injuries if such details are in question.

Skilled Personal Injury Lawyer in Bonita Springs

At the Pittman Law Firm, P.L., our passionate personal injury attorney has a wealth of knowledge to guide your steps carefully and wisely throughout your personal injury case. Whether you’re filing a claim following a catastrophic injury, car accident, or slip-and-fall incident at a local home or business, our firm has the diverse skillset and experience needed to prioritize your unique needs from start to finish. Reach out to our office to learn how we can represent your best interests and equip you for success in court.

Our personal injury lawyer has represented the wrongfully injured in Florida for over 30 years. Call (239) 603-6913 to request a free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Having Uninsured Motorist Converge on your auto policy in Florida is vital to ensuring that you are financially protected in the event of an accident. Even if someone else caused the accident, you may not be adequately covered if you do not have Uninsured Motorist Coverage.

Many people assume that if they are involved in an accident where someone else is at fault, the other driver is responsible for paying for all of the medical expenses and injuries that they cause. This is an error that many people find out the hard way after they are injured in an auto accident.

According to the Insurance Information Institute, in a 2021 study, approximately 20.4% of drivers in Florida have no auto insurance whatsoever. That means that “1 in 5 drivers on Florida roads do not have any auto insurance.” This ranks Florida at number six for uninsured drivers in the United States.

Florida is one of the most expensive states for auto insurance premiums in the United States. Simply put, many people cannot afford to pay for auto insurance, so they elect not to get it or get the bare minimum coverage.

If you’ve been in an accident in Bonita Springs, Naples, or Fort Myers, please call Pittman Law Firm, P.L. at (239) 603-6913 or contact us online to discuss your options for pursuing compensation.

Two Types of Coverage Protecting Against Uninsured or Underinsured Motorists

In this section, we'll delve into the two crucial types of coverage that safeguard you against the unexpected when you're on the road: uninsured motorist coverage and underinsured motorist coverage. These insurance components serve as a safety net, offering protection when you're involved in an accident with a driver without insurance or insufficient coverage to compensate for the damages and injuries you may incur.

Uninsured Motorist Coverage

Uninsured Motorist Coverage, or “UM,” covers injuries and damages you sustain in an auto accident when you are struck by a driver without insurance. It is important to note that Bodily Injury Liability Insurance, which covers you if you are injured due to another driver's negligence, is not mandatory in Florida. It is an optional coverage. This means that anyone who elects not to carry Bodily Injury Liability Coverage in Florida will not have the insurance coverage needed to pay for any medical bills or injuries that you sustain in an accident that they caused.

Underinsured Motorist Coverage

The second type of coverage is called Underinsured Motorist Coverage, or “UIM.” This coverage protects you if you are hit by a driver who does have bodily injury insurance but not enough coverage to fully cover your medical expenses and injuries sustained in an accident. If this is the case, then your insurance company steps in and pays the rest of your claim under your Underinsurance Motorist Coverage.

Uninsured and Underinsured Motorist Coverage in Florida

Some states require two separate policies: one policy called Uninsured Motorist and another called Underinsured Motorist Coverage. Florida combines these policies into one that covers Uninsured and Underinsured claims. This means that if you have Uninsured Motorist Coverage on your Florida auto policy, it will cover you if you are struck by a vehicle with no Bodily Insurance Liability coverage or not enough Bodily Injury Coverage to cover your claim fully.

Having Uninsured Motorist coverage on your policy is one way that you can fully protect yourself from financial ruin should you be struck and injured by a negligent driver. Florida had the third most car accidents of any state in America in 2020. The chances of being involved in an accident in Florida are relatively high. You can see if you have this important coverage by looking at your auto insurance policy or calling your insurance agent.

At Pittman Law Firm, P.L., we handle complex personal injury cases in Bonita Springs, Naples, and Fort Myers. Please contact us at (239) 603-6913 about your claim.

**Disclaimer: This is not legal advice or to be inferred as legal representation.**

Driving down the road can be unpredictable; occasionally, unexpected events can lead to unwanted damage to your vehicle. Knowing what to do in these situations is crucial, whether it's a tree that suddenly topples onto your car, debris flying off another vehicle, or even a hit-and-run incident.

This blog post will guide you through the steps to take when facing these roadside challenges and introduce you to the support offered by our experienced injury attorneys at Pittman Law Firm, P.L., who fight for those injured in auto accidents in Naples, Bonita Springs, and Fort Myers.

Contact us at (239) 603-6913 to discuss your case.

Dealing with a Tree-Damaged Car

Imagine you're driving during a windy day, and suddenly, a tree beside the road gives way, falling onto your car.

Here are some steps you can take in this situation:

• First and foremost, prioritize safety. Ensure that you and your passengers are unharmed, and if anyone is injured, seek medical attention promptly.
• After ensuring safety, assess the damage to your vehicle. Take photos of the scene, capturing the fallen tree's position and the extent of the damage.
• Next, alert local authorities if the fallen tree is blocking traffic or poses a danger to other drivers.

Contact your insurance provider to report the incident, depending on your coverage. They can guide you through the process of filing a claim and may provide assistance for towing and repairs.

Encountering Road Debris or Flying Objects

Debris flying off vehicles or the road can cause significant damage to your car. If you find yourself in such a situation, try to get the license plate number of the vehicle from which the debris originated. If it's road debris, note the location and time of the incident.

Again, taking photos of the damage, debris, and surroundings can serve as valuable evidence for your insurance claim.

Report the incident to the local authorities and contact your insurance company to initiate the claims process. This is when having comprehensive coverage can be especially beneficial, as it can help cover the cost of repairs.

Navigating a Hit-and-Run Incident

Being a victim of a hit-and-run can be frustrating and overwhelming.

If your unoccupied car has been hit and the responsible party has fled the scene, follow these steps:

• First, ensure your car is parked in a safe location to prevent further damage.
• Then, document the scene by taking photos of the damage and any evidence, such as paint transfer or debris left behind.
• Report the incident to the police and provide them with all the information you've gathered.

Additionally, contact your insurance company to report the hit-and-run. If you have uninsured motorist coverage, it might help cover the costs if the responsible party cannot be identified or is uninsured.

Legal Support for Auto Accidents

In cases involving injuries or when navigating the complexities of insurance claims becomes challenging, seeking legal assistance is wise.

Pittman Law Firm, P.L., comprises experienced injury attorneys dedicated to fighting for the rights of those injured in auto accidents. If you've been harmed due to the negligence of another driver or if you're struggling to secure the compensation you deserve in Bonita Springs, Naples, or Fort Myers, our team can provide the support and guidance needed to pursue your claims.

Please schedule a free consultation by calling (239) 603-6913 or submitting an online contact form today.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Trying to decide between all the different types of insurance you may need when obtaining new insurance coverage for your auto is challenging. Florida is one of the most expensive states in the country in auto insurance costs. Naturally, we all want to save as much money as we can when we get insurance so we may elect not to get certain coverages if we do not understand what they provide. You cannot rely solely on the advice of an insurance agent when deciding what coverage you need to be fully protected against all losses. Educating yourself on what each coverage option covers is key to making the most informed decision on what you need to be fully protected against all potential losses.

Comprehensive Insurance coverage is not a mandatory coverage in Florida. Therefore, you may think it is not necessary to have it. However, you may be leaving yourself open to unexpected and expensive repairs or the total loss of your vehicle if a loss occurs. Comprehensive insurance covers just about anything that could happen to your vehicle outside of an accident. This is the coverage you use if your car is stolen, vandalized, or damaged in almost any event EXCEPT a collision. Comprehensive coverage will also pay your claim after vehicle damage caused by an earthquake, collision with an animal, falling objects, explosion, fire, wind, flood, lightning or hail. Most Comprehensive policies also cover glass repair.

Many people in Southwest Florida learned what Comprehensive coverage is and what it covers the hard way after the widespread flooding from Hurricane Ian resulted in thousands of vehicles being destroyed. This left many people upset that they did not have this vital coverage when they were forced to cover the cost of purchasing a new vehicle following the storm.

Some examples of what Comprehensive insurance covers are:

• A tree falls on your car during a storm
• Your vehicle is damaged in a hail storm
• You hit an animal with your car
• Someone vandalizes your car by breaking all the windows and slashing your tires
• Your vehicle is stolen
• An object from the road or an unidentifiable vehicle hits your windshield

Comprehensive insurance typically does not cover:

• Another vehicle hitting your vehicle
• Your vehicle accidentally hitting another vehicle
• You back your vehicle into a pole or other object
• Another vehicle backs into you, even if your vehicle is parked
• Rolling your vehicle over an object or “bottoming out” your vehicle

Comprehensive insurance coverage is an important coverage to have, especially in Florida where we are highly susceptible to weather events like hurricanes, floods, lightning, hail, and debris damage from wind. Also, Florida currently ranks seventh in the United States for car thefts. Vandalism is also on the rise in Florida. To find out if you have this coverage, check your auto policy or contact your insurance agent.

Disclaimer: This is not legal advice or to be inferred as legal representation.