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Winter Haven Motorcycle Accident Lawyer

The State of Florida is a beacon for motorcycle enthusiasts with its breathtaking scenery, warm weather, and world-famous motorcycle events. It should come as no surprise that Florida has an unusually high number of registered motorcycles. Unfortunately, Florida also routinely makes the top of the list of states with the most motorcycle fatalities each year. If you were injured or lost a loved one in a Winter Haven motorcycle accident, you may be eligible for compensation for the loss you have suffered or for the physical and emotional injuries sustained in the accident.

A motorcycle accident can have a deep impact on the life of a victim or the victim’s surviving loved ones. Victims may suffer physical and emotional injuries that stay with them for life. When a motorcycle accident takes a life, surviving loved ones never stop grieving their loss. While no amount of compensation is worth the traumatic experience of being involved in or losing a loved one to a motorcycle accident,

Florida law does afford victims and loved ones the ability to hold a responsible party accountable and pursue damages for the injuries or loss caused by a Winter Haven motorcycle accident.

Winter Haven motorcycle accident lawyer Adam Kemp is committed to helping those who have suffered injuries or lost a loved one in a motorcycle accident. As Winter Haven’s hometown personal injury lawyer, Adam Kemp is honored to help injured victims navigate the complex medical and legal systems that must be traversed to fully heal and hold a negligent party accountable for causing or contributing to a motorcycle accident. Let the team at Kemp Personal Injury Law assist you to ensure that you receive the compensation to which you are entitled for the injuries or loss you experienced in a Winter Haven motorcycle accident.

What Causes Winter Haven Motorcycle Accidents?

The precise characteristics that draw people to riding motorcycles – the wind in your hair and the freedom of the road – are what make motorcycles inherently more dangerous than other forms of transportation. In fact, you are almost 30 times more likely to be killed on a motorcycle if you are involved in a crash than the occupant of a passenger vehicle, according to the National Highway Transportation Safety Administration (NHTSA). In 2022, there were 303 motorcycle accidents in Polk County, resulting in 255 injuries and 22 deaths, according to the Florida Highway Safety and Motor Vehicle (FHSMV). Common contributing factors in a Winter Haven motorcycle accident include:

  • Driving impaired. Of all vehicle types, motorcyclists involved in fatal crashes are the most likely to be impaired by alcohol. Over 40 percent of motorcyclists killed in single-vehicle crashes are impaired.
  • Speed. Speed is a factor in one out of every three fatal motor vehicle accidents.
  • Failing to recognize a motorcyclist. Failing to notice a motorcyclist continues to be a common crash factor despite efforts to make other motorists aware of the presence of motorcycles.
  • Driver inexperience. Despite requiring the completion of a safety course to operate legally on a public roadway in Florida, riders with insufficient experience take to the roadways without the proper license, resulting in unlicensed riders being involved in 30 percent of fatal crashes.
  • Hazardous road conditions. Poorly designed or maintained roadways, construction on a roadway, obstacles in the road, and wet pavement are all examples of hazardous road conditions that may contribute to a motorcycle crash.

Does Florida’s No-Fault Insurance Law Apply to a Winter Haven Motorcycle Accident?

Because Florida is a “no-fault” insurance state, most drivers are legally required to carry a minimum amount of Personal Injury Protection (PIP) insurance coverage. When an accident occurs, a driver’s no-fault insurance covers medical bills and lost wages (up to the maximum) without the need to prove that another party’s negligence caused or contributed to the collision. Florida’s no-fault law, however, does not apply to motorcycles. Compensation for injuries sustained in a motorcycle accident must be obtained by pursuing a traditional negligence-based personal injury lawsuit.

Am I Entitled to Compensation for My Winter Haven Motorcycle Accident Case?

If you were injured in a Winter Haven motorcycle accident, you may be entitled to economic and non-economic damages if another party’s negligence caused or contributed to the accident. Economic damages are meant to compensate you for the objective, easily quantifiable expenses associated with an accident, such as:

  • Doctor and hospital bills.
  • Rehabilitation and therapy expenses.
  • Lost wages and income.
  • The cost of repairing or replacing your motorcycle.

Non-economic damages attempt to put a monetary value on the more subjective, harder-to-quantify injuries you sustained in a motorcycle accident, including:

  • Physical and emotional pain and suffering.
  • Diminished quality of life.
  • Mental anguish.
  • Scarring and disfigurement.

If you are a surviving spouse, parent, or child of someone who was fatally injured in a Winter Haven motorcycle accident, you may also be entitled to pursue compensation in a Florida wrongful death lawsuit. Compensation in a wrongful death lawsuit may include things such as lost future earnings, the loss of companionship and support, and the emotional trauma you experienced because of the death.

How an Experienced Winter Haven Motorcycle Accident Lawyer Can Help

If you were injured or lost a loved one in a motorcycle accident in Winter Haven, you possess certain rights and legal options that can help you hold the responsible party accountable and secure compensation for you. Winter Haven motorcycle accident lawyer Adam Kemp is dedicated to advocating for your rights and ensuring that those at fault are held responsible. Drawing on his background as a former prosecuting attorney and associate at one of the largest personal injury firms in the United States, Adam Kemp has the experience, resources, and determination needed to successfully advocate and litigate on your behalf.

If you were injured in a Winter Haven motorcycle accident, or you lost a family member in one, contact an experienced Winter Haven motorcycle accident lawyer at Kemp Personal Injury Law to discuss your legal options. It is our mission to make sure that injured victims are fully and fairly compensated by the responsible party or parties. Contact the team today for your free initial consultation by calling 863-225-0254 or by filling out our convenient online contact form.

Frequently Asked Questions

Liability in a motorcycle accident depends on factors such as driver negligence, road conditions, and mechanical failures. If another driver’s reckless or distracted driving caused the accident, they can be held responsible for your damages. In some cases, government entities may be liable if poor road maintenance or hazardous conditions contributed to the crash. Motorcycle manufacturers or repair shops could also be held accountable if faulty parts or improper maintenance played a role. A skilled attorney can investigate your case and determine who should be held legally responsible for your injuries.
In Florida, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is generally four years from the date of the crash. If the accident resulted in a wrongful death, the time limit is reduced to two years for the victim’s family to file a claim. Certain factors, such as claims against government agencies for hazardous road conditions, may have different deadlines. Failing to file within the required timeframe can result in losing your right to seek compensation. Speaking with an experienced attorney as soon as possible can help ensure that all legal deadlines are met.
A motorcycle accident attorney can assist by gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They can help prove liability, calculate the full extent of your damages, and handle the complex legal paperwork involved in your case. Insurance companies often try to minimize payouts, but having a skilled attorney on your side can help you secure a fair settlement. If the at-fault party disputes their responsibility, your attorney can present evidence such as witness testimony, accident reconstruction analysis, and medical reports. If you’ve been injured in a motorcycle accident, don’t hesitate to reach out to us for expert legal representation.

Additional Information in Winter Haven, Florida

National Highway Traffic Safety Administration - Motorcycle Safety: Essential information on motorcycle safety, crash statistics, and protective gear requirements. Their website outlines federal safety regulations, including helmet laws, rider education programs, and visibility tips to reduce accidents. If you were involved in a motorcycle accident, this resource can help determine whether the other party failed to follow safety guidelines. It also provides data on common causes of crashes, which can support legal claims involving reckless driving, speeding, or failure to yield. Understanding NHTSA regulations can help prove liability in personal injury cases by showing whether negligence played a role. An attorney can use these safety standards to strengthen your case and seek compensation for medical bills, lost wages, and other damages.
Centers for Disease Control and Prevention - Motorcycle Safety: Comprehensive information on motorcycle safety, emphasizing the prevention of crash-related injuries and fatalities. The website highlights that, in 2022, motorcycle crashes accounted for 13% of all motor vehicle crashes, resulting in approximately 6,000 motorcyclist deaths and over 218,000 emergency department treatments for crash injuries. The economic impact of these incidents is significant, with fatal crash injuries leading to over $65 billion in lifetime medical costs, lost work, and diminished quality of life. The CDC underscores the effectiveness of universal helmet laws, noting that helmets reduce the risk of head injury and that such laws are an effective way to save lives. The site also provides data on the increased risk motorcyclists face compared to car passengers, stating that per vehicle miles traveled in 2022, the fatality rate for motorcyclists was almost 22 times that of passenger car occupants. For individuals involved in motorcycle accidents, this resource offers valuable statistics and insights into safety measures that can be pivotal in legal cases, helping to establish the importance of helmet use and the potential impact of universal helmet laws on reducing injuries and fatalities.
Florida Department of Highway Safety and Motor Vehicles - Motorcycle Safety Awareness: Crucial information on motorcycle safety, laws, and best practices for riders and other motorists. It emphasizes the importance of wearing proper safety gear, including helmets and protective clothing, to reduce injuries in crashes. The site highlights common causes of motorcycle accidents, such as driver inattention and failure to yield, and stresses the need for heightened awareness from all road users. It also outlines Florida’s motorcycle laws, including licensing requirements and helmet regulations, which can be relevant in determining liability in an accident case. Additionally, it promotes motorcycle safety courses to help riders improve their skills and reduce risks on the road. This resource can be useful in a motorcycle accident case by providing evidence on safety expectations, legal requirements, and best practices, which can help establish negligence or compliance with traffic laws.

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99 6th St SW Suite 204

Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
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99 6th St SW Suite 204 
Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
Phone: (863) 225-0254
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