You’re riding home. Everything is routine until it isn’t. One distracted driver, one car door swinging open, one vehicle that drifts into your lane without a glance, and suddenly you’re on the pavement. Motorcycle crashes have a way of going from routine to catastrophic with no warning, and the injuries that follow—broken bones, road rash, traumatic brain injuries, spinal cord injuries—can reshape your entire life in an afternoon.
What happens next matters enormously. Insurance companies will move fast. Adjusters will call before the bruising has even set. And if you don’t have a motorcycle accident attorney working in your corner early, you may end up accepting far less than what your case is actually worth, or worse, having your claim denied outright.
Goldman Daszkal & Stallone, based in Deerfield Beach and serving riders throughout Fort Lauderdale and Broward County, has been fighting for injured Floridians for more than 34 years. The firm has recovered half a billion dollars in settlements and verdicts across more than 5,000 successful cases. If you’ve been hurt on a motorcycle, here’s what to look for when choosing the right attorney to handle your case.
Why You Need an Experienced Motorcycle Accident Lawyer After a Crash
Not every accident attorney who handles car accident matters is necessarily qualified to handle a motorcycle accident case. According to the National Highway Traffic Safety Administration, motorcyclists are far more likely to be killed or injured in a crash than passenger car occupants, mile for mile. While there certainly is overlap with car accident claims, motorcyclists typically face a different set of issues, both legally and factually, which can catch a less experienced lawyer off guard.
One of these is bias. “Motorcycles are dangerous” is a mantra that often gets repeated to plaintiffs during settlement negotiations and to juries at trial (even if everyone says they’ll ignore it), and an attorney who has not devoted a significant portion of their practice to handling motorcycle claims may not even be aware this is an issue to contend with. However, this is something an experienced motorcycle accident attorney will recognize and can fight against using expert crash reconstruction, police reports, witness testimony, and statements from the at-fault driver.
Joseph Stallone, Owner and President at Goldman Daszkal & Stallone, has dedicated his personal injury practice to this type of vigorous advocacy. Motorcycle accident cases aren’t a side practice here—car, truck, motorcycle, and rideshare accidents are the firm’s focus. The team knows how these crashes happen, the injuries they cause, and how to hold insurance companies accountable.
Common Causes of Motorcycle Accidents in Florida
To prove your case, you must first prove the cause of the accident. In Florida, the following types of motorcycle accidents are common:
- Turning accidents: A car or truck makes a left turn across the rider’s path at an intersection. The most common accident involving another driver, this type almost always involves the driver failing to look closely enough for the approaching motorcycle.
- Lane merge: A car driver misjudges the speed of a motorcycle or simply does not check their mirrors before merging into a motorcycle’s lane.
- Rear-end collisions: A distracted motorist does not leave enough distance between them and the motorcycle, closing in too quickly to react.
- Dooring accidents: A driver or passenger in a parked or stopped car flings the door open into the rider’s path. With no time to react, the rider slams into it at full speed.
- Road surface conditions: A motorcycle is knocked off balance and the rider thrown from the seat when they ride into gravel or a wet patch, or drive over a particularly large pothole or other debris left in the road.
- Drunk drivers: An alcohol- or drug-impaired driver drives erratically or fails to see the motorcycle altogether. Motorcyclists are far more vulnerable to the consequences of drunk drivers than car passengers because they do not have a vehicle to provide protection against impact.
Determining how the crash occurred is important for a number of reasons. It will help establish legal fault, what type of evidence needs to be immediately preserved, and whether another party (such as a municipality that allowed a dangerous road surface to go uncorrected or a property owner who allowed debris onto the roadway) may also be held partially liable. An experienced motorcycle crash lawyer begins developing that picture from day one.
Motorcycle Accident Injuries and Damages You Can Recover
When people hear the word “damages,” they usually think of medical bills—and those are a big part of it. But a serious motorcycle crash produces many other losses that count just as much.
A motorcyclist has no protective shell, no crumple zone, and their injuries reflect that. They are more prone to head injury, even with a helmet. They can suffer traumatic brain injuries, spinal cord injuries, crushed feet or legs, shattered pelvises, and road rash that requires skin grafting. When these are sustained, medical bills are not the only losses they will endure. A breakdown of the actual damages sustained in a serious motorcycle accident might look something like this:
- Past and future medical expenses
- Hospitalization
- Surgery
- Rehab
- Long-term care
- Wages lost due to the accident
- Future loss of wages as a result of the accident
- Physical pain and mental anguish
- Loss of enjoyment of life
- Property damage to the motorcycle
- Wrongful death damages if the motorcyclist’s spouse and children are left behind with no support
An insurance company will do its own calculations on your case, and they aren’t going to help you. Their damage calculations are never in your favor. For instance, they will estimate a lower number than what it will realistically cost to care for you into the future; they will say the amount of pain you suffered was minimal; and they will attempt to reduce the amount of lost wages you can claim. That is where your choice in legal representation can make a large difference. A lawyer who doesn’t know how to document and argue a category of damages will simply lose it. One who does can be the difference between the full compensation you deserve and a much smaller settlement.
With a track record of more than 5,000 cases, the firm’s clients know what to expect when it handles a claim aggressively and thoroughly.
When to Contact a Motorcycle Accident Attorney (And Why Timing Matters)
The time immediately following a motorcycle accident is one of the most critical periods for pursuing a case. It’s also, unfortunately, when you’re least physically able to deal with any of it—which is true for almost any injury victim.
The evidence isn’t going to wait around until you’re better. Skid marks fade, surveillance footage at nearby businesses gets overwritten, and witnesses move away or lose the sharp details of what they saw. The same holds true for the crash scene itself; in a single month, the site may no longer be recognizable.
The victim also has to file their claim within the set statute of limitations for personal injury in the state of Florida. If you do not file within the timeframe, no matter how obvious the fault in the accident, your case cannot move forward and you will not be reimbursed for your losses. (Note: in some cases the deadline shifts depending on the circumstances, which is exactly why you’re better off calling a lawyer than relying on what you find online.)
While you are recovering from your injuries, the insurance company for the other driver will begin its investigation. Adjusters will gather information from all parties involved in the accident; they are looking to protect their financial interests at the expense of your health. They can use any words you say to diminish the size of your recovery, without you even knowing it. Once you’ve seen a doctor and contacted a motorcycle accident attorney, the lawyer goes to work preserving evidence, handling the insurance company, and building your claim—so you can focus on healing.
What Insurance Companies Won’t Tell Injured Riders
This is important, so let’s be plain: the insurance company, even your own company, is NOT looking out for your interests. They are a business with the aim of paying as little as possible. When a claims adjuster calls you for a recorded statement, they are not interested in helping you reconstruct what happened in the accident. When an insurance carrier gives you a rapid settlement offer, it is often a fraction of the real value of your claim. The insurer is betting that you’re hurting, that the stress is mounting, that your bills are piling up, and that you haven’t spoken to a lawyer yet. As soon as you have an attorney, the insurance company changes its approach.
Insurers change their behavior once a rider has representation. They know a firm like Goldman Daszkal & Stallone isn’t afraid to take a claim to court and has the resources to litigate to the end—and that knowledge alone shifts how they handle your file.
The law firm of Goldman Daszkal & Stallone will preserve accident evidence, negotiate with insurance companies, and consult with experts on medical damages and future care. Their job is to maximize the compensation you recover. Their aim isn’t a fast payout that lets insurance companies off the hook.
How Florida’s Comparative Fault Law Affects Your Motorcycle Accident Case
Florida operates under a modified comparative fault system. Basically, you can recover compensation even if you were partially responsible for an accident. In that scenario, though, you will recover only a portion of the total amount depending on the share of fault assigned to you. If your fault in an accident is found to be greater than 50 percent, however, you cannot recover any compensation. Adjusters know that a law firm will use that rule to its advantage in a motorcycle accident case. They’ll allege high speed, improper lane positioning, or a failure to take evasive action—anything to shift blame onto the injured motorcyclist. Some of these allegations may have some validity, while in other circumstances, the assertions are fabricated. Regardless, countering an accusation like this involves facts and legal arguments, not just a refusal to accept the adjuster’s conclusion.
With help from an experienced motorcycle accident attorney, the facts of what actually occurred will be established. If appropriate, the attorney can bring in an accident reconstruction expert to help prove your side. That attorney will also fight attempts by insurance companies to push the injured motorcyclist’s percentage of fault higher. That fight can mean a significant difference in the amount of your claim.
Wrongful Death Lawsuits After Fatal Motorcycle Crashes
Not all crashes involve injuries that heal. In the event that a rider is killed in a motorcycle accident, the focus of the claim shifts to a wrongful death lawsuit. Now, the family is trying to cope with loss and grief in an area of law that is probably completely new to them. Wrongful death laws in Florida determine who is able to bring a lawsuit and which damages may be recovered. If the rider is survived by a spouse, children, or parents, they may have the ability to seek damages for loss of financial support, loss of companionship, funeral costs, lost earnings, and the pain and suffering that the rider endured before their death. Wrongful death cases are complex, emotionally charged, and fiercely defended by insurers. Goldman Daszkal & Stallone handles catastrophic injury and wrongful death claims as a dedicated practice area, committing real time and resources to them.
What to Look For in a Motorcycle Accident Lawyer Serving Fort Lauderdale
If you are searching for representation after a motorcycle accident in Fort Lauderdale, these are some factors that should be given weight before hiring one.
Motorcycle experience. Any personal injury background is a starting point, but be sure to ask if the firm handles motorcycle crashes and what kind of results they have obtained. Motorcycle accident cases are different.
A willingness to litigate. Most cases settle, but insurers know exactly which firms will settle at any price. A firm that’s comfortable in the courtroom negotiates from a far stronger position than one that folds quickly.
Direct access. You should be able to reach your actual attorney—not just a legal assistant or paralegal—when you call. Goldman Daszkal & Stallone focuses on hands-on representation.
Contingency fees. A qualified personal injury firm shouldn’t charge anything up front, collecting a fee only if it recovers compensation for you. A free initial consultation should be standard.
Good communication. A serious injury can upend your life, so your attorney should pick up the phone and keep you informed about where your case stands—and treat it with the care it deserves.
Goldman Daszkal & Stallone offers a complimentary, no-obligation legal consultation with a motorcycle accident lawyer for people injured in a motorcycle accident. After you’ve been seen by a doctor, speaking with a Fort Lauderdale, Deerfield Beach, or Broward County motorcycle accident lawyer should be your next step—before anything else.
Schedule Your Free Case Evaluation With a Local Motorcycle Accident Attorney
If you were seriously injured in a motorcycle crash somewhere in Fort Lauderdale or elsewhere in South Florida, the sooner you contact an experienced motorcycle accident lawyer, the better. Reach out to Goldman Daszkal & Stallone today at (954) 428-9333 to schedule a free consultation and free case review online.
For more than 34 years, the firm has been on the side of injured Floridians, and now Joseph Stallone and the entire Goldman Daszkal & Stallone legal team are here to stand up for your rights.
