Texting and driving is illegal in Florida. Unfortunately, that does not stop many drivers from sending off texts while they are cruising down the road. When a person sends or reads a text while driving, he takes his eyes off the road for about 5 seconds. At 55 mph, that is long enough to drive the length of a football field with a driver who is effectively blindfolded.
For motorcyclists, a texting driver is a nightmare. Motorcyclists already face serious dangers from motorists who do not look out for them. A texting motorist is not looking out for anyone. The consequences for bikers can be devastating. A crash can leave a motorcyclist with catastrophic injuries and long-term medical bills. The victim may be unable to work or go back to the life they had before.
One driver’s terrible choice should not cost you and your family everything. Let the dedicated Gainesville motorcycle accident lawyers at Fine, Farkash & Parlapiano, P.A., help. With more than 100 years of combined experience, we have earned a strong track record of fighting for the rights of motorcycle accident victims and families. Contact us today for your free consultation, and let us explain your right to financial compensation.
How We Can Help After a Gainesville Distracted Driving Motorcycle Accident
After being injured in a crash with a distracted driver on your motorcycle, you may wonder whether you need to talk to a lawyer. The answer is a resounding “yes!” A lawyer can take the pressure off you by dealing with the at-fault party and insurance companies on your behalf, ensuring you are not taken advantage of when you are at your most vulnerable.
When you trust the skilled legal team at Fine, Farkash & Parlapiano, P.A., to handle your claim, your lawyer will:
- Advise you of your legal rights, answer your questions, and explain what to expect throughout the claims process
- Investigate the accident to collect evidence and determine fault
- Subpoena the other driver’s cellphone records if it is suspected the driver was texting
- Track down any available surveillance footage that may show the driver texting at the time of the crash
- Speak to witnesses to collect statements
- Gather your medical records as further evidence
- Work with experts to evaluate your total damages, including future anticipated losses
- Accurately determine what full and fair compensation should be in your claim
- Deal with the insurance companies on your behalf
- Negotiate aggressively for the fair settlement you need
- Take your case to trial if a fair settlement cannot be reached in a timely manner
These are just a few of the ways an attorney will help after you have been injured in a Gainesville distracted driving motorcycle accident. To learn how we can help you during this stressful time, please call our motorcycle accident lawyers for a free consultation.
Common Driver Distractions That Lead to Motorcycle Accidents
Although texting and driving is common, it is not the only type of distracted driving. Anything that takes a driver’s hands off the wheel, or their eyes and minds off the road, is a distraction. These distractions may include:
- Posting on social media
- Talking on the phone
- Talking to passengers
- Dealing with kids in the back seat
- Eating and drinking
- Changing playlists or radio stations
- Personal grooming
Due to the fact that all of these activities take a driver’s focus from the road, they are all considered acts of negligence. Accident victims should always speak to a lawyer who can help prove that negligence and pursue a fair settlement to help you recover.
What to Do After Being Hit by a Distracted Driver
The moments after a motorcycle accident can be disorienting, leaving victims unsure of what to do next. The steps you take after a motorcycle crash are important, as they can help protect your rights to file a claim. The most important steps after a crash include:
- Call the police: The responding officers will document important evidence from the scene and may cite the driver for his or her dangerous behavior. The police accident report can be used to support your claim for compensation.
- Seek medical treatment: If you call the police, they may send paramedics to the scene. If they do not, it is important that you visit an emergency room or your doctor as soon as possible after the crash.
- Exchange information with the other driver: Your lawyer will need to contact the distracted driver’s insurance company, so you need the name, phone number of the insurer, and the policy number. You should also obtain the driver’s name, contact information, driver’s license number, and license plate number.
- Obtain witness contact information: Witness statements can provide crucial evidence in an accident claim. If anyone saw the crash, ask for their name and contact information so your lawyer can contact them in the future.
- Call a lawyer: You will need legal representation to ensure your claim and your rights are protected. Keep statements at the scene brief, do not assign fault, and do not speak to anyone else until you have contacted a lawyer.
Speaking to a lawyer as soon as possible after a crash is important. The insurance company will likely try to contact you in the days, or even hours, after a crash. A lawyer will speak to the adjuster for you while you focus on your recovery.
Pursuing Compensation for Your Motorcycle Injuries
When you have been injured due to a distracted driver’s recklessness, you have a right to demand financial compensation for the full extent of your losses. This may include payment for:
- Medical expenses (past, current, and future)
- Lost income
- Loss of earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
After reviewing the details of your claim, a motorcycle accident lawyer from our firm will determine the full amount of compensation you need to recover from your crash.
How Long Do I Have to File a Motorcycle Claim?
In Florida, accident victims have four years to file a personal injury claim after a motorcycle crash. However, you should speak to a lawyer right away. Prior to filing your claim, your lawyer will have to investigate, collect evidence, gather medical records, and consult with experts about your injuries. All of this takes time, so the sooner you get started on your claim, the better.
Injured? Contact a Distracted Motorcycle Accident Attorney
If you have been hurt in a crash, our Gainesville motorcycle accident lawyers at Fine, Farkash & Parlapiano, P.A., understand the pressures you are under as you struggle to heal from your injuries. We also know the impact that such injuries can have on your life, and we want to help you claim the compensation you need to make this time of recovery a little easier.
Contact us today to schedule your free consultation and to learn more about how we can help.