What to Do if I’m Injured at Biketoberfest

Biketoberfest®, to be held October 17-20, 2024 in Daytona Beach, is an annual motorcycle event sure to be four days of nonstop fun for motorcycle riders. Unfortunately, it’s also common for participants to get injured during the event. If this happens to you, a Florida motorcycle accident lawyer can help you understand your legal rights and seek compensation for your injuries and other losses.

Steps to Take After a Biketoberfest Motorcycle Accident Injury

According to Halifax Health, 39 Biketoberfest® participants were admitted to the hospital for traumatic injuries suffered during the event in 2023. If you’re injured in a motorcycle accident at Biketoberfest® in 2024, the following three steps may be the most critical to protecting your physical health and your legal rights:

Seek Medical Assistance

Anytime you’re involved in a motorcycle accident, you should seek immediate medical help. If it’s not obvious that you need urgent care, visit your doctor as soon as possible. Spotting and treating an injury early on may help your physical recovery and assist in your compensation claim.

Collect Evidence

You or a friend should collect statements and contact information from eyewitnesses and take photos of the accident scene and your injuries. Obtain a copy of the police report, gather physical evidence from the scene, and as soon as possible, write down or record your recollection of events.

Seek Legal Advice

Find a personal injury law firm that offers a free initial consultation. During this meeting, you should learn about your legal rights and receive legal advice that guides your next steps.

What to Expect from a Motorcycle Accident Lawyer When Injured at Biketoberfest®

A motorcycle accident attorney experienced in Florida’s personal injury laws will help you navigate the legal process in pursuit of a compensation settlement from the liable party’s insurance company, or a compensation judgment or verdict after seeking justice through the court system.

When you ask a Florida personal injury lawyer for help with your motorcycle accident claim, you may expect them to do the following:

• Help you clearly understand your rights
• Investigate the incident to determine if negligence was involved and who is liable for the economic and non-economic losses you sustained
• Assist you in identifying all your losses and filing your compensation claim
• Negotiate with the at-fault party’s insurance company for a fair compensation settlement
• File a personal injury lawsuit on your behalf
• Pursue compensation for your losses in court, if necessary

What Types of Losses Typically Result from a Motorcycle Accident?

No two accidents are the same. Your personal injury attorney can help you realize the losses you’ve experienced that are unique to you, but many victims injured in motorcycle crashes sustain damages such as:

Economic Damages

Economic damages are proven financial losses including but not limited to:

• Current and future medical bills
• Property damage
• Current and future income loss

Non-economic Damages

Non-economic damages are subjective losses your motorcycle accident lawyer can assign a dollar amount to. They may include:

• Pain and suffering
• Mental anguish
• Disfigurement
• Disability
• Loss of enjoyment of life
• Loss of quality of life

How Much Time Do You Have to File a Personal Injury Lawsuit After an Injury at Biketoberfest®?

In general, you have two years from the accident date to file a personal injury lawsuit in Florida, per Florida Statutes § 95.11. There are exceptions to this deadline, but in most cases, if negotiations with the insurance company fail and you do not file a personal injury lawsuit within the statute of limitations, you will not be allowed to pursue a compensation verdict or judgment and may lose your right to recover damages for your losses.

If you lost a loved one in a motorcycle accident, you have two years from the date of death to begin a wrongful death lawsuit. A Florida wrongful death lawyer can assist you with this process.

What Are the Common Causes of Accidents at Biketoberfest® in Daytona Beach?

Potential causes of motorcycle accidents during Biketoberfest® include:

• Poor motorcycle maintenance, which can make safe control of the bike difficult
• Driver inattention, making it difficult for a car or truck driver to see a motorcyclist who is riding a smaller, two-wheel vehicle
• Foggy or rainy weather, which can affect visibility
• Rough road surfaces
• Broken traffic signals
• Impaired driving
• Speeding or other types of reckless driving
• Lane splitting
• Unexpected lane changes

How Serious Are Motorcycle Accident Injuries?

Experienced bike riders know that even a relatively minor accident can result in catastrophic and life-changing injuries. All drivers of motor vehicles should remember what can happen to a bike rider in a crash, particularly when the collision is between a bike and a four-wheel vehicle. Potential motorcycle accident injuries include:

• Traumatic brain injury (TBI)
• Road rash
• Spinal cord injury
• Amputation
• Neck injury
• Facial injury
• Internal injury
• Broken bones
• Fractures
• Lacerations
• Foot or leg injury

A helmet and other riding gear can offer some protection, but motorcyclists are exposed to tons of steel and the road with no comparable cage surrounding their bodies.

What Happens if More Than One Driver Is at Fault for the Accident?

If several vehicles were involved in the accident, multiple drivers may be partially at fault. You may worry that you played a role in causing the accident, but that shouldn’t stop you from seeking legal guidance. You may still be allowed to recover some compensation for your losses, even if you were partially at fault.

Florida follows a modified comparative negligence rule, per Florida Statutes § 768.81. This means if you are 51% or more at fault for the accident, you cannot collect compensation for your losses. If you are 50% or less at fault, you may be eligible for compensation, but the amount you collect will be reduced by the percentage of fault you hold. Your motorcycle attorney can explain how this law may affect your claim.

Chalik & Chalik Injury Lawyers Is Here to Help if You Get Injured at Biketoberfest®

At Chalik & Chalik Injury Lawyers, our legal team will fight hard for you and your family. Your rights and needs come first with us. We’ve spent more than 20 years protecting injury victims in Florida, and our depth of experience has enabled us to recover multiple seven-figure settlements and judgment awards for our clients. Call our law office to schedule your free initial consultation today.