Motorcycle Accidents Lawyers in Fort Myers

Motorcycle riding offers an exhilarating journey through the open road, yet the streets of Fort Myers pose significant dangers for riders. Negligent behavior from other motorists significantly increases the risk of accidents, often resulting in severe injuries and even fatalities for motorcyclists. If you have been injured in a motorcycle accident in Fort Myers, it is time to get strong legal representation from a proven personal injury lawyer. 

At Fort Myers motorcycle accident law firm Larry Moskowitz, PA, experienced motorcycle accident attorney Larry Moskowitz is determined to hold the at-fault parties liable for your injuries and losses and recover the largest possible compensation you need to rebuild your life after a devastating bike crash. Trust in his decades of experience and exemplary track record to vigorously advocate for you and make the maximum financial recovery on your behalf.

The Helmet Law in Fort Myers

The Florida helmet law of 2023 mandates that all motorcycle operators and riders must wear helmets that comply with the Federal Motorcycle Vehicle Safety Standard 218 established by the United States Department of Transportation. In addition, bike operators must wear appropriate eye protection, meeting the standards set by the Department of Highway Safety and Motor Vehicles to safeguard against hazards that could compromise vision and contribute to accidents.

Exceptions to the Helmet Law 2023

There are certain exceptions to this law. Operators and riders within an enclosed cab are exempt from helmet requirements as are those over 21 who forgo helmet use if they carry an insurance policy with at least $10,000 in medical benefits for motorcycle crash-related injuries. Despite these exceptions, the safety implications of riding without a helmet must be recognized.

Lane Splitting Laws in Fort Myers

Lane splitting refers to the practice of a motorcycle riding between lanes of slow-moving or stopped traffic, usually on highways or multi-lane roads. In Fort Myers, FL, lane splitting is explicitly prohibited by law. According to Florida Statute 316.209, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” 

This means that motorcyclists are required to remain within a single lane of traffic and are not permitted to pass vehicles between lanes. Lane splitting is considered unsafe and illegal in Florida, and violators may face penalties such as fines and points on their driver’s licenses.

Negligent Driving Actions of Motorists

Motorcycle accidents in Fort Myers can result from various negligent actions by motorists. To prove liability and obtain compensation for injuries sustained in such accidents, it is important to identify these negligent driving behaviors. Here are some common types of negligent driving actions our motorcycle accident lawyers in Fort Myers at Larry Moskowitz, PA will focus on:

Failure to Yield: Motorists often fail to yield the right-of-way to motorcycles when turning or merging, leading to collisions. Our law firm will investigate whether the motorist failed to yield at intersections, during lane changes, or when entering or exiting driveways, resulting in motorcycle crashes.

Distracted Driving: Distractions such as texting, talking on the phone, adjusting the radio, or interacting with passengers can divert a motorist’s attention from the road, increasing the risk of accidents and fatal injuries. Our legal team will gather evidence, such as phone records or eyewitness testimony, to prove that the motorist was distracted at the time of the accident.

Speeding: Excessive speed reduces a motorist’s ability to react to changing road conditions or unexpected hazards, making collisions more likely. Our attorneys will examine accident reconstruction reports, witness statements, and traffic surveillance footage to determine if the motorist was speeding at the time of the accident, contributing to the crash and injuries of motorcycle accident victims.

Reckless or Aggressive Driving: Actions such as tailgating, weaving in and out of traffic, and running red lights endanger motorcyclists and other road users. Our lawyers will assess whether the motorist’s behavior constituted reckless or aggressive driving and gather evidence to support our claim.

Drunk Driving: Operating a vehicle while impaired by alcohol or drugs significantly increases the risk of accidents. Our attorneys will investigate whether the motorist was under the influence of alcohol or drugs at the time of the accident, relying on police reports, witness statements, and chemical test results.

Failing to Check Blind Spots: Motorists may fail to check their blind spots before changing lanes or making turns, putting motorcyclists at risk of being struck. Our legal team will analyze accident scene evidence, such as skid marks and vehicle positioning, to determine if the motorist failed to check blind spots before the collision.

Opening Car Doors: In urban areas, parked cars pose a hazard to passing motorcyclists if occupants open their doors without checking for approaching traffic. Our law firm will review witness statements and examine the scene to determine if the motorist failed to check for oncoming motorcycles before opening their car door.

If you have been injured in a bike crash due to another motorist’s negligence, be prepared to get legal assistance for motorcycle accidents in Fort Myers.

How Fort Myers Motorcycle Accident Lawyer Larry Moskowitz Will Fight the Inherent Bias Against Motorcyclists

In Fort Myers, a motorcycle accident victim may face the inherent bias against motorcyclists, making it necessary to mount a strong defense to counter such prejudices and discredit any false allegations made by the defendants. Here are the types of arguments and evidence Fort Myers motorcycle accident lawyer Larry Moskowitz will present to fight bias and challenge the defendants’ claims of lane splitting, speeding, or other dangerous driving actions on your part.

Arguments

Equal Rights on the Road: Attorney Moskowitz emphasizes that motorcyclists have the same rights and responsibilities as other motorists. He argues that bias against motorcyclists is unjust and that all road users deserve equal consideration under the law.

Focus on Driver Negligence: Larry Moskowitz shifts the focus from motorcyclists to negligent drivers. He highlights instances of driver negligence, such as distracted driving, failure to yield, or reckless behavior, to demonstrate that the accident was caused by the other party’s actions, not the motorcyclist’s.

Safety Precautions Taken: Attorney Moskowitz presents evidence of safety precautions taken by the motorcyclist, such as wearing protective gear, following traffic laws, and maintaining a safe speed. He argues that responsible motorcyclists should not be unfairly blamed for accidents caused by the negligence of others.

Evidence

Accident Reconstruction: Our legal team will conduct a thorough accident reconstruction analysis to determine the sequence of events in your motorcycle accident case. By reconstructing the scene, analyzing skid marks, vehicle positioning, and other evidence, we can present a clear picture of how the accident occurred and refute any false claims of reckless driving.

Eyewitness Testimony: Eyewitnesses play a key role in corroborating the events surrounding the accident. Our attorney will interview witnesses who were present at the scene and obtain their testimony to support your version of events and challenge any inaccurate or biased accounts provided by the defendants.

Expert Testimony: Motorcycle accidents involve the expertise of accident reconstruction specialists, medical professionals, and other relevant experts to provide testimony regarding the cause of the accident, the extent of your injuries, and other pertinent factors. We will use their testimony to help counter any attempts by the defendants to shift blame to you and bolster your case.

Surveillance Footage: If available, surveillance footage from nearby cameras or traffic monitoring systems can provide valuable evidence of the accident. Our legal team will review such footage to identify any discrepancies with the insurance company and the defendant’s claims and highlight any negligent actions on their part.

Motor Vehicle Data: Data from the vehicles involved in the accident, such as black box recordings, vehicle telemetry data, or vehicle damage analysis can provide valuable insights into factors such as speed, braking, and acceleration. Our legal team will analyze this data to determine the precise circumstances of the accident and refute any claims of speeding or reckless driving on your part.

Medical Records: Your medical records serve as vital evidence of the extent and nature of your injuries sustained in the accident. Our attorney will thoroughly review your medical records and consult medical experts to establish a clear link between the accident and your injuries, countering any assertions that your actions contributed to the severity of your injuries.

Our Motorcycle Accident Lawyers in Fort Myers Can Maximize Your Compensation

At Larry Moskowitz, PA, we aggressively pursue the largest possible damages for injured motorcycle operators and riders in Fort Myers to compensate for their medical bills, lost wages, and pain and suffering. With our dedication, experience, and proven track record, we stand ready to fight for you in your time of need and will vigorously represent you in a personal injury or wrongful death lawsuit.

With over 35 years of experience in the field, Fort Myers motorcycle accident lawyer Larry Moskowitz has built a reputation as a fierce advocate for his clients. Starting as an Assistant State Attorney, attorney Moskowitz honed his trial skills, handling thousands of cases and conducting over 150 trials. His commitment to achieving the best outcomes for his clients is widely recognized, and he personally gives each case the attention it deserves. 

Call us now at 866-312-0708 to schedule your free case evaluation.