Motorcycle accidents are particularly hazardous due to the minimal protection riders have compared to drivers of other vehicles. The lack of protective barriers often results in serious injuries, with concussions being among the most common. When a motorcycle collision occurs, the force of impact can cause the rider’s brain to move inside the skull, leading to traumatic brain injuries (TBIs) like concussions. For victims in Florida, understanding how concussions can affect your health and legal options is critical for pursuing the compensation you deserve.
At Personal Injury Attorneys McQuaid & Douglas, we have extensive experience helping motorcycle accident victims recover damages for injuries such as concussions. This guide explains what you need to know about concussions following a motorcycle accident, why they are dangerous, and how an experienced Florida motorcycle accident attorney can help you navigate the legal process.
What Is a Concussion and How Does It Occur in Motorcycle Accidents?
A concussion is a type of TBI caused by a sudden jolt or blow to the head. This force causes the brain to shift within the skull, leading to bruising, damage to brain cells, and even chemical changes. Despite wearing a helmet, motorcyclists are at high risk for concussions because a helmet cannot entirely protect against the force of an impact, particularly in high-speed collisions or when the rider is thrown off the bike.
Concussions can range from mild to severe, with symptoms that may significantly affect a person’s cognitive, emotional, and physical well-being. These symptoms can persist for weeks, months, or even years, potentially leading to long-term complications.
High Risk of Concussions for Motorcyclists
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 28 times more likely to die in a crash compared to passengers in cars and are five times more likely to suffer severe injuries.
In Florida, this risk is even higher. The Sunshine State stands out as having one of the highest motorcycle accidents each year. In 2023 alone, there were 9,541 motorcycle crashes in Florida, resulting in 624 fatalities and thousands of injuries. Many of these crashes result in concussions or other serious head injuries, which underscores the need for proper legal representation.
Common Symptoms of a Concussion After a Motorcycle Accident
Concussions can present in various ways, making it essential to recognize the symptoms early on. Some common concussion symptoms include:
- Headaches
- Dizziness or balance issues
- Nausea or vomiting
- Memory loss or confusion
- Sensitivity to light and sound
- Difficulty concentrating
- Mood changes, such as irritability or depression
Since these symptoms can be subtle or delayed, many accident victims may not realize they have a concussion right away. If left untreated, a concussion can lead to more severe complications, including post-concussion syndrome, which involves prolonged symptoms that can last for months or even years. Therefore, it’s important to seek medical attention as soon as possible following a motorcycle accident to ensure your health is protected and to document your injuries for a personal injury claim.
The Absence of PIP Insurance for Motorcyclists in Florida
In Florida, drivers of cars and trucks are required to carry Personal Injury Protection (PIP) insurance, which provides coverage for medical expenses and lost wages regardless of fault. However, motorcyclists are excluded from PIP coverage, leaving them without this crucial safety net.
Without PIP, motorcyclists must rely on health insurance or a lien to get medical care. In order to recover compensation, a motorcyclist must a claim against the at-fault driver’s insurance. This can be challenging in cases where the at-fault driver is underinsured or lacks insurance altogether.
Steps to Take After a Motorcycle Accident
Taking the right steps after a motorcycle accident is essential for protecting your health and legal rights. Here’s what you should do:
Get Medical Attention Right Away
Even if you feel fine after the accident, always seek medical care immediately. Concussion symptoms may not appear until hours or days later. A doctor can conduct a thorough evaluation and document your injuries, which is vital for building a personal injury claim.
Document Your Injuries and the Accident
Keep a detailed record of your injuries, symptoms, and medical treatment. Take photos of the accident scene, your bike, and any visible injuries. Write down your recollection of the accident, including what led up to it and how you felt afterward. This information can serve as crucial evidence in your claim.
File a Police Report
Filing a police report is essential for establishing an official record of the accident. It includes key details such as the time, location, and parties involved, which can help substantiate your case.
Consult a Florida Motorcycle Accident Attorney
Speak with an experienced attorney like those at Personal Injury Attorneys McQuaid & Douglas. Our legal team can evaluate your case, guide you through the legal process, and ensure you receive the compensation you’re entitled to.
Proving Liability in Motorcycle Accident Cases
Establishing liability in a motorcycle accident is crucial for a successful claim. In Florida, a comparative fault system is used, which means that a victim can still recover damages even if they were partially at fault for the accident. However, the amount of compensation will be reduced by their percentage of fault.
To prove liability, you need to demonstrate four key elements:
- Duty of Care
You must show that the at-fault driver had a duty to operate their vehicle safely. - Breach of Duty
You must prove that the other party breached this duty through negligent behavior, such as speeding, running a red light, or driving under the influence. - Causation
You must establish that the breach of duty directly caused your injuries. - Damages
You need to provide evidence of the physical, emotional, and financial harm you suffered as a result of the accident.
Common Injuries from Motorcycle Accidents
Motorcycle accidents often result in severe injuries due to the size and weight of the vehicle and the rider’s lack of protection. Some of the most common injuries include:
- Head Injuries: Traumatic brain injuries like concussions are common and can lead to long-term health issues.
- Spinal Cord Injuries: Damage to the spinal cord can cause partial or full paralysis.
- Fractures and Broken Bones: Riders are especially prone to broken bones in the arms, legs, and ribs.
- Internal Injuries: Internal bleeding and organ damage may not be immediately apparent and require emergency treatment.
- Road Rash and Skin Injuries: Skin abrasions can result in infections and require extensive medical care.
Given the serious nature of these injuries, it’s essential for motorcycle accident victims to seek immediate medical attention and follow up with appropriate treatment.
Dealing with Insurance Companies
Dealing with insurance companies after a motorcycle accident can be challenging. Insurance adjusters often try to minimize the severity of concussions or other injuries to reduce the settlement amount. They may question the connection between the accident and your symptoms or suggest that pre-existing conditions are the cause of your current health issues.
It’s important not to accept any settlement offers or speak to insurance adjusters without consulting a Florida motorcycle accident attorney. At Personal Injury Attorneys McQuaid & Douglas, we have experience negotiating with insurance companies and can handle these communications on your behalf. We know the tactics insurers use and can help you secure a fair settlement that considers the full extent of your injuries.
Why Expert Legal Guidance Matters After a Motorcycle Accident
Dealing with the aftermath of a motorcycle accident can be overwhelming, especially when serious injuries like concussions are involved. Navigating the legal process alone often means facing insurance companies and at-fault parties that are more interested in minimizing their liabilities than providing fair compensation. This is where having expert legal guidance can make a significant difference.
An experienced Florida motorcycle accident attorney understands the complexities of motorcycle accident cases and the unique challenges victims face. They can assess the true value of your claim, ensuring that all your damages—medical bills, lost wages, pai, and suffering—are accounted for. An attorney also handles all negotiations with insurance companies, letting you focus on your recovery without the added stress of legal procedures. By leveraging their expertise and knowledge of local laws, a skilled Florida motorcycle accident attorney ensures that you’re positioned to receive the compensation you deserve, whether through settlement or litigation.
Reach Out to Personal Injury Attorneys McQuaid & Douglas for a Free Consultation
If you’ve been involved in a motorcycle accident, it’s essential to consult with a legal team that has a proven track record of success and experience. At Personal Injury Attorneys McQuaid & Douglas, a Division of Battaglia, Ross, Dicus & McQuaid, P.A., we have built our reputation on excellence and results. With decades of combined experience, our attorneys are well-versed in personal injury law and have successfully recovered millions of dollars in compensation for accident victims.
Our firm’s dedication to our clients and deep understanding of Florida’s personal injury laws set us apart. We believe in providing compassionate, high-quality representation and are committed to helping you secure the maximum compensation available for your injuries and losses.
Contact us today for a free consultation. Our team will review your case, answer any questions you have, and help you understand your legal options. Call us or fill out the contact form on our website. Let our trusted Florida motorcycle accident attorneys put their experience and excellence to work for you. We’re here to help you navigate the legal process and secure the compensation you deserve after a motorcycle accident.
Award-Winning Attorneys at Personal Injury Attorneys McQuaid & Douglas
Personal Injury Attorneys McQuaid & Douglas are the team you need to win your personal injury case. We are committed to fighting for victims and their loved ones. We give our clients a voice in the legal system, provide them the opportunity to tell their stories, and fight tirelessly for justice.
For more information please contact us at Personal Injury Attorneys McQuad & Douglas to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.
St Petersburg Personal Injury Attorneys McQuaid & Douglas
5858 Central Ave suite a
St. Petersburg, FL 33707
(727) 381-2300
St Petersburg Personal Injury Attorneys McQuaid & Douglas – Downtown Office
136 4th St N #2233-A
St. Petersburg, FL 33701
(727) 381-2300
Riverview Personal Injury Attorneys McQuaid & Douglas
12953 US-301 #102a
Riverview, FL 33578
(813) 639-8111
