Motorcycle & Auto AccidentsTopics Covered: What should I do if I am in a motorcycle, car, auto, or accident?
As a fellow motorcycle enthusiast, I understand the dangers involved with riding motorcycles on Florida roads, especially the ever so fun I-95 runs. I have compiled some helpful information on what to do following a car, auto, or motorcycle accident. Our years of experience investigating thousands of Florida auto accidents, Florida motorcycle accidents and Florida car accidents has led us to the following helpful information for you: We feel that it is important to call the police and seek medical treatment immediately. Keep in mind that the shock of being in a collision may mask any pain until hours or even days later. Our Ft. Lauderdale, Florida motorcycle and car accident investigators have compiled a complete list of what to do after a motorcycle, car, or auto accident. Most importantly, before you speak to the at-fault driver's insurance company about your injury, contact a private investigator at CTK INVESTIGATIONS, LLC today. As always, please feel free to contact Cory T. Knight at (954) 652-0733, or any of our Florida private investigators for a FREE consultation. If you prefer, you can click here to e-mail us. Our private investigation agency is here to assist you,
This question is difficult to answer as it depends on many factors:
· If someone else's negligence caused the auto accident and resulted in injuries, one of our lawyers can help you obtain any payment you are entitled to for your medical bills plus compensation for pain and suffering. This would include past and future medical bills.
· If you were seriously injured and missed time from work, you may be entitled to compensation for lost wages or loss of earning capacity in the future. Our proven Miami, Florida auto accident lawyers can help you retain such compensation.
· If someone else's negligence caused the auto accident and resulted in injuries, one of our lawyers can help you obtain any payment you are entitled to for your medical bills plus compensation for pain and suffering. This would include past and future medical bills.
· If you were seriously injured and missed time from work, you may be entitled to compensation for lost wages or loss of earning capacity in the future. Our proven Miami, Florida auto accident lawyers can help you retain such compensation.
There is no crystal clear answer to this question or even a proven formula to determine exactly how much a case is worth. Usually the defendant’s insurance company, or in certain circumstances even your own insurance company may offer a bodily injury settlement , uninsured , or underinsured motorist settlement dependent upon many factors. Medical bills, Positive findings on MRI’s, EMG, NCV, or CT scans, Specialists indicating that these injuries were a direct result of the accident and you require some additional medical intervention. Moreover, due to this motorcycle accident you have suffered some permanent damage. Another factor is the liability of the defendant. These are all factors that as Florida private investigators, we can assist you and your Florida motorcycle accident attorney to establish. Our private investigation agency has assisted in literally thousands of injury accidents and has assisted south Florida injury attorneys during trial. We can obtain your medical records and bills from all providers, obtain the complete police report and any supplemental reports, obtain a declaration sheet from the defendant’s insurance as well as yours to have a clear picture of the value of your motorcycle accident case. Furthermore, we can possibly recommend one of the south Florida motorcycle accident or south Florida car accident attorneys that we have worked with to provide you with legal representation should you wish.
Within the scope of our investigation agency, we have found that the complexity of the accident as well as the particular injuries sustained are just a couple of the components in determining the time frame of the conclusion or settling your Florida motorcycle accident case. We may be able to assist you in resolving your case based on an understanding of their current and future medical conditions, or we can possibly recommend one of the south Florida motorcycle accident attorneys that have successfully assisted our clients over the years. Once our Florida private investigation agency becomes involved with your motorcycle or car accident case, we find that the average car, motorcycle, or auto accident case is resolved within eight to 12 months.
Almost on a daily basis, we hear that, “I have full coverage.” I can count on one hand how many times clients actually do have “full coverage”. Full coverage in Florida, usually indicates you have PIP, BI, UM / UIM, Med-Pay, Umbrella, and stacking when available. Even with all of the above listed coverages, this does not automatically imply that your bodily injury claim will be covered. Our Florida private investigators can either contact your insurance company for clarification on your insurance coverage(s), or we may be able to recommend a Florida motorcycle accident, or south Florida car accident lawyer that has proven results with our clients over the years.
Generally speaking in Florida, many motorcycle owners believe that they will be covered by their automobile insurance if they are involved in a crash. Unfortunately, this is not the case. In Florida, insurance is not required for the owner and rider of a motorcycle. Furthermore, the PIP coverage a motorcycle owner may have on his car will not cover the owner if injured on a motorcycle. Our south Florida private investigators can assist you with this process and investigate your claim, furthermore we may be able to recommend a Miami, Florida auto accident lawyer or Miami motorcycle accident attorney that can help answer more of your questions concerning motorcycle accidents in Florida.
As one of the final phases of your claim, prior to your potential settlement, you will reach MMI. Once a physician has decided you are at Maximum Medical Improvement (MMI), some doctor's assign, and insurance company's request, a permanent impairment rating (PIR). This does not mean that you are back to the physical or mental condition you were at prior to the accident, it simply means your condition has stabilized and you have suffered a loss and some measure of permanent bodily injury. At the conclusion of your treatment with a doctor, our Miami, Florida car and motorcycle accident private investigators can request a final narrative of your condition from the treating doctors. We would also request your medical records indicating your raiting from each specialist such as a chiropractor, orthopaedic surgeon, or neurologist. This is generally done pursuant to American Medical Association (AMA) guidelines. A permanent impairment rating technically is not called for as a basis at trial in a Florida motorcycle, or automobile case, but many automobile insurance companies like to have the impairment rating so they can evaluate your case for potential value after your demand is submitted. Our south Florida private investigators can assist you with this process and investigate your claim, furthermore we may be able to recommend a Miami, Florida auto accident lawyer or Miami motorcycle accident attorney that can help answer more of your questions concerning motorcycle accidents in Florida. These attorneys will be more than willing to offer you a FREE consultation, and if they take your case they will work on a contingency basis.
A comprehensive review of your claim will further be investigated. Illustrations of the accident scene, property damage pictures, property damage receipts, medical bills and records along with a demand to the appropriate insurance company will be prepared. Prior to sending this off to the proper party, a final review will be completed with you to ensure that you did not see any additional physicians or have any special tests such as MRI, CAT scans, EMG, or NCV tests or any lost wages. Once we are confident that we have all of the facts, we will usually complete an asset search on the defendant or responsible party and submit the demand package to the insurance company. Like almost every other paragraph that preceded this,… If you have been injured in a motor vehicle accident, motorcycle accident, or any other scooter or bicycle accident our Miami, Florida private investigators can possibly recommend a Miami motorcycle accident attorney, Miami car accident attorney to assist you with your claim. This can be done at any stage of our investigation and at your request. Call Cory T. Knight at (954) 652-0733 today to discuss your Florida motorcycle, car, bicycle, automobile, or truck accident. If you prefer you can click here to submit a new case form or click here to contact us via e-mail.
For more information on automobile and motorcycle accidents, contact our Fort Lauderdale car accident private investigators and auto accident investigators today for a FREE consultation.
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Our advice following a Florida car, motorcycle, or auto accident is as follows: The moments immediately after a car, motorcycle, or auto accident require clear, rational thinking to protect yourself and your personal property. There are a number of steps you can take to increase your chances of financial recovery and the amount of that recovery in your Florida motorcycle accident, auto accident, car accident, or bicycle accident case.
Our Miami, Florida car, motorcycle, and auto accident private investigators suggest the following steps:
· Insist that a report for car or motorcycle accidents be filed with the Miami or Florida State Police, or the police department where the accident occurred.
· Document as much as you can about the car, motorcycle, bicycle / scooter, or auto accident or injury itself. Our Miami, Florida car, motorcycle, and auto accident private investigator will need to know every detail about your injuries, any other losses (such as wages) you have suffered as a result of the accident. Moreover, any conversation you had with anyone involved in the accident including any statements to any insurance company.
· Talk to no one about the car, motorcycle, or auto accident or injuries other than your private investigator, attorney or physician. You especially do not want to speak with an insurance adjuster. We can, at your request potentially recommend a personal injury attorney that has proven results with many of our cases in the past that will be happy to assist you.
· Be sure to take photos of the car, motorcycle, bicycle / scooter, or auto accident scene, including any visible injuries and the vehicles involved. If you failed to do this, document the exact location and our Florida private investigators can take pictures and satellite images to assist with the reconstruction schematic if necessary.
· Get the contact information of anyone who witnessed the accident who may be able to help prove your case.
· Immediately seek medical attention following a car, motorcycle, bicycle / scooter, or auto accident. Be sure to explain how the injuries occurred to your doctor or surgeon. You need to mention any sensations of pain, radiating pain, disorientation, confusion, memory lapses, or other conditions you have sustained as a result of this accident. Ask the doctor to take pictures of your bruises, cuts, or any visible injuries. If the doctor does not do this routinely, we will be more than willing to document these injuries.
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Our Hollywood, Ft. Lauderdale, Davie, Miami, South Florida private investigators have dealt with thousands of auto accidents, truck accidents, bicycle accident, scooter accidents, pedestrian accidents, motorcycle accidents, trip and fall accidents, slip and fall accidents among other Florida personal injury claims. Moreover, we have worked on literally thousands of Florida workers’ compensation cases and understand the potential for third party claims. On a daily basis, we deal with south Florida car accident attorneys, Florida motorcycle accident attorneys, Miami personal injury attorneys. The attorneys we have worked with specialize in Florida injuries such as workers’ compensation, personal injury, product liability, liability insurance, aviation law, truck accidents, construction accidents, dismemberment cases, wrongful death cases, and medical malpractice cases in Florida.
Our Hollywood, Ft. Lauderdale, Davie, Miami, South Florida private investigators have dealt with thousands of auto accidents, truck accidents, bicycle accident, scooter accidents, pedestrian accidents, motorcycle accidents, trip and fall accidents, slip and fall accidents among other Florida personal injury claims. Moreover, we have worked on literally thousands of Florida workers’ compensation cases and understand the potential for third party claims. On a daily basis, we deal with south Florida car accident attorneys, Florida motorcycle accident attorneys, Miami personal injury attorneys. The attorneys we have worked with specialize in Florida injuries such as workers’ compensation, personal injury, product liability, liability insurance, aviation law, truck accidents, construction accidents, dismemberment cases, wrongful death cases, and medical malpractice cases in Florida.
Florida Automobile Insurance Overview
Our Florida private investigators get questions every day from clients about their auto insurance. Even if you haven’t been in an accident, it helps to understand the general language of Florida auto insurance. Below are descriptions of the various types of coverage in the state of Florida. If you are in an accident, the type of coverage you and the other party carry can often determine what type of settlement beyond medical expenses and lost wages you may be able to receive.
Personal Injury Protection Coverage (mandatory)
Florida is a "No Fault" State, which means that regardless of who is at fault in an accident, you must go to your own auto insurance to pay your medical bills. This insurance is referred to as PIP or Personal Injury Protection coverage; this coverage is mandatory for all automobile owners in Florida. PIP coverage provides for payment of 80% of medical bills and 60% of lost wages up to $10,000.00. Because of this limit, many people purchase additional extended PIP coverage or Medical Payments Coverage. If you were not at fault in the accident, you may also claim against the person who was at fault for the balance of your medical bills as well as money or compensatory damages. However, your medical bills will still be paid at 80% by your own PIP carrier. PIP covers you, your spouse, relatives living with you at the time of the accident who do not own a motor vehicle, and drivers/passengers of your vehicle who do not own a motor vehicle nor live with a relative who owns a vehicle.
Property Damage Liability Coverage
This coverage pays the other party's property damage in the event you are at fault in an accident. If you were not at fault in the accident, it does not apply. Property Damage Liability Coverage and PIP are the only two types of coverage which are mandatory in the State of Florida.
Bodily Injury Liability Coverage
This coverage applies only in the event that you are at fault in an accident. Bodily Injury Liability Coverage will pay money or compensatory damages to a claimant, if he/she meets certain requirements under Florida's No Fault Law, up to the limit of your coverage. Your insurance company will also pay your legal fees. While most states have statutes requiring motorists to have at least some Bodily Injury Liability Coverage, Florida does not require this type of coverage.
Medical Payments Coverage
MEDPAY coverage provides payment of the other 20% of your medical bills not covered by Personal Injury Protection coverage.
Collision Coverage
If you are at fault in an accident, or the at-fault party has no insurance coverage, collision coverage may be the only source of payment for damage to your vehicle.
Uninsured-Underinsured Motorist Protection
If the at fault party does not carry Bodily Injury Liability insurance, this coverage is crucial. Instead of making a claim for money damages to the at-fault party, the claim is made to your own insurance company and treated as if you were proceeding against the other party.
Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury claim or lawsuit. Some personal injury claims could be based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right damages for your injury. Consequently, it is important to talk with a south Florida lawyer as soon as you suffer or discover an injury.
Q: What should I bring with me for my meeting with a private investigator or lawyer?
A: You should provide a private investigator or lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents, fires, and assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injuries. The more information you are able to give your private investigator and / or lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, however, don't worry; your lawyer will be able to obtain them in his investigation of your claim.
Q: What if a person dies before bringing a personal injury lawsuit?
A: It depends on whether the person died as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.
Q: What is “negligence?”
A: The critical issue in many personal injury cases is just how a “reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an "ordinary reasonable person" would have acted. The determination of whether a given person has met the "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
Q: What if I can’t prove someone’s negligence caused my injury? Is there any other basis for
personal injury liability besides negligence?
A: Yes. Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.
Q: Will the person who caused my injury be punished?
A: Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.
Motorcycle Accidents Reconstruction:
Why Preserving the Evidence Is Rule #1
Any good Florida private investigator or Florida motorcycle accident lawyer will tell you that preserving the evidence after an accident is very important. However, it’s particularly important after a motorcycle accident as reconstructing the scene can be very difficult – and whether or not it’s done correctly can mean the difference in winning or losing a case.
First hand experience
Cory T. Knight and our Florida private investigators at CTK INVESTIGATIONS, LLC know first hand that preserving the evidence is rule number one in motorcycle investigation and potential litigation. Our private investigation agency specializes in all aspects of motorcycle accidents, car accidents, auto accidents, and bicycle / scooter accidents. We can speak from experience when we explain how the evidence affects a case. More times than not, motorcyclists get injured a lot of the time and often sustain injuries like concussions and fractures. The motorcycle riders often do not really remember all the details of what happened, due to the trauma and injuries. Motorcyclists are perceived as always going faster than they are. Accident investigation can assist with overcoming preconceived bias.
Witness statements, we have interviewed many witnesses to motorcycle accidents and invariably we hear that they must have been going very fast because the sound was loud. Even when we raise the issue of impressions, such as If you look up in the sky and you see a plane flying by, it looks like they’re moving slowly, even though it is traveling hundreds of miles an hour, but you look on the ground and you see a motorcyclist near you and it looks like it’s moving very quickly. Unless the witness rides also they will not be able to discern whether the engine was in first gear or fifth. They simply hear the engine and assume they were speeding. We ask deliberate questions to determine any preconceived notions of motorcyclists. Invariably the answers yield the impression that motorcycle riders are reckless speed daemons that are crazy risk takers. Speaking for myself as a rider that may be true, but for our investigative purposes we intend on showing these flaws in their statement to combat the statement(s) given to police officers. Getting evidence as soon as possible to complete accident reconstruction including the time of day, weather conditions, skid pattern, distance from impact to point of termination just to name a few.
The truth about accident reconstruction
Accident reconstruction, especially when the accident involves a motorcycle, is extremely difficult to do. CTK INVESTIGATIONS, LLC has specialized Florida private investigators who can reconstruct accident scenes. Our private investigators will document the evidence and damage to the motorcycle as well as the various conditions that existed at the time of the crash. The dynamics behind accident reconstruction is something that we pride ourselves in. As riders we understand how motorcycles work, how they crash, how they lay down, and how they slide / skid or roll due to road conditions and impact coupled with evidence obtained from the bike.
What to preserve and how to preserve it?
There are specific items that should be preserved after a motorcycle accident right away. Wyle provided us with these tips:
1. Take pictures of your injuries. They’re going to get better and not look so banged up and you’re going to need that evidence.
2. Take pictures of and preserve your helmet and motorcycle gear. Damage to the gear, the sliding, the skidding, the cracks on your helmet and the scratches on your helmet or your visor all tell a story.
3. Don’t fix your bike. Maintain possession of your motorcycle and do not fix it until somebody, like a Florida motorcycle private investigator, accident reconstruction expert, or Florida motorcycle accident attorney has had a chance to look at it. If it needs to be repaired because it’s your only method of transportation, make sure document the damage with photographs of each and every inch of the motorcycle, front to back, to show what is damaged and what is not damaged because that damage also tells an important story. Obtain a detailed written repair receipt that clearly indicates exactly what parts are replaced and ask to take possession of the damaged fairings and damaged parts.
4. Go to the scene. If you can not go to the scene of the accident because you sustained injuries, we suggest that you have someone else go as soon as possible and take photographs and document all of the signs of the accident. Our Florida private investigators and accident reconstruction specialist will be happy to assist you. We need to document the entire accident scene, any skid marks, any debris such as broken glass, and any street signs or damage to roadways. Motorcycles often leave tire friction marks after an accident. They leave different kinds of tire friction marks that will show different things. They leave gouges and scratches on the pavement and they leave oil where they stop and where they’re laying down. They will leave oil if they’re tumbling, similar to blood spatter or splatter. The story that the scene tells is very important in reconstructing the accident to prove what really happened.
Cory T. Knight and our private investigation agency strongly recommend that motorcycle accident victims rapidly document all information as soon as possible including any thoughts or recollections about the accident. Just like in first grade, we need to note who, what, where, why, and when. Many times the Florida private investigators at CTK INVESTIGATIONS, LLC are able to reconstruct the motorcycle accident which proves more important than what the witnesses think they saw or heard.
If you or a loved one has been injured in a motorcycle or bicycle accident, please feel free to contact Cory T. Knight or one of our South Florida private investigators at (954) 652-0733 to discuss your investigative needs. If you prefer, you can contact CTK INVESTIGATIONS, LLC via e-mail by clicking here. We potentially can recommend a Florida motorcycle accident attorney that has successfully handled motorcycle and bicycle accidents in the past.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. As Florida private investigators, we recommend that you seek competent legal counsel for advice on any legal matter.
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