Motorcycle Accident Law

Van Riper & Nies represents individuals and families in Palm Beach county who have suffered injuries while operating a motorcycle, or lost loved ones, due to the carelessness or reckless of others.   Our attorney, Tim Nies, an Army Ranger Veteran and former insurance company trial attorney, and Christian Van Riper, a former prosecutor are known as legal warriors in fighting for our clients future.

Motorcycle crashes occur primarily because automobile and truck drivers are not careful in maintaining a proper lookout for motorcycles. In an collision between a motorcycle and automobile, the motorcyclist does not stand a chance. 

The severe, life-changing injuries that likely arise from such collisions result in serious financial losses to the motorcyclist and his or her family, chiefly caused by the inability to work and staggering medical bills. Under Florida Law, an injured motorcyclist has the right to recover his or her damages from the responsible party. Such damages include, but may not be limited to, past and future medical expenses, past and future wages, funeral expenses and other economic losses. Individuals are also entitled to recover for the pain and suffering, mental anguish, inconvenience and disfigurement caused by the crash and his/her injuries. The husband/wife of the injured motorcyclist is entitled to recover for the loss of the services and loss of consortium of his or her spouse. Although a monetary recovery can never repair the damage that is done to the individual after a crash, it can at least ease the financial burdens created by the car accident. 

The insurance company for the motor vehicle, whether a car or a truck, will start an investigation of the crash immediately. The adjuster for the insurance company will try to limit the recovery of the injured motorcyclist to the lowest possible amount. Accordingly, these companies have established very specific and complex procedures on handling motorcycle crash claims, especially in the early stages of the claim.

Immediately after a motorcycle crash, the insurance adjuster for the car or truck that crashed into the motorcyclist will take recorded statements from the persons involved in the motorcycle accident, have the motorcycle and other involved vehicles inspected and obtain the police report. 

The tactics of insurance companies vary from company to company; however, most insurance company adjusters try to reach a quick settlement with an injured motorcyclist before the motorcyclist has retained an attorney. Their purpose for offering a quick settlement is to have the operator sign a release and avoid responsibility for future medical expenses, lost wages and other damages that are likely to develop. Further, they often have the motorcyclist sign a release releasing every party from liability. This is a trap that an injured motorcyclist must avoid.  When a person is injured in a motorcycle crash, it very often takes months to completely assess the person's injuries. At that point, the person may need surgery or other extensive treatment. If a release has been signed, the insurance company is no longer responsible. 

The injuries sustained during a crash may leave the motorcyclist permanently disabled even after corrective surgery. Therefore, the true value of a motorcycle crash claim can only be assessed after a trained physician has established a firm prognosis. Therefore, it is important to receive the medical treatment you need before any settlement with an insurance company. 

Determining the appropriate value of a claim for damages resulting from a motorcycle crash is complex. An evaluation involves the extent and seriousness of the injuries, economic losses, and issues relating to liability. Insurance companies for autos and trucks involved in crashes with motorcycles have experienced adjusters whose job it is to obtain the lowest possible settlement. Therefore, it is important for you to retain an experienced personal injury attorney as soon as possible to protect your rights. Van Riper and Nies stands ready to help you.

All our personal injury cases are taken on a contingency fee basis, which means that we do not take a fee or charge any costs unless we win.

For more information about our motorcycle accident practice, please call us at 561-948-5588 or e-mail our Personal Injury Department Chair, Tim Nies, at tim@vanriperandnies.com.