Gainesville Motorcycle Accident Attorneys
Helping Injured Riders in Florida
If you were injured or if someone you love tragically passed away in a motorcycle accident, we at Schackow & Mercadante want to help. We understand the devastating experience you have been through, as well as the many challenges that still lie ahead. Most importantly, we know how to help you navigate this difficult time in your life and fight for the justice you and your family deserve.
After a serious crash, contact the Gainesville motorcycle accident attorneys at Schackow & Mercadante for a free, no-obligation consultation. Call (352) 261-6767 to get started.
Are Motorcycle Accidents Covered by No-Fault Insurance in Florida?
Florida is a no-fault state, which means that most accident victims can turn to their own auto insurance providers and receive compensation for certain covered losses through their personal injury protection (PIP) coverage.
However, Florida’s no-fault insurance laws do not apply to motorcycles. This means that your motorcycle accident is not covered by no-fault insurance.
Instead, you will need to prove that someone else—whether it’s another motorist, a vehicle manufacturer, or a negligent municipal entity—was responsible for the crash that caused your injuries or the death of your loved one. Once you have established liability, you and your attorney can then pursue legal action directly against the at-fault party.
What If I Was Partially At Fault for the Crash?
If you were partly at fault for the motorcycle accident in which you were injured, you may be wondering if you can still recover compensation. The answer may be yes, depending on your level of fault.
Attorney Marie Banks explains:
What If I Wasn't Wearing a Helmet?
In Florida, motorcyclists over the age of 21 are not required to wear helmets while riding as long as they meet minimum insurance requirements. For this reason, you should not assume that you are automatically at fault for your injuries and unable to recover compensation if you were not wearing a helmet or other protective gear at the time of the accident.
You may still be entitled to compensation for your injuries, even if you were not wearing a helmet at the time of the motorcycle crash.
Florida operates under a comparative negligence system, which means that your compensation may be reduced based on your degree of fault in the accident, but you can still recover damages even if you were partially at fault.
Awarded & Recognized What Our Clients Are Saying
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I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.- Pranish Sharma
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“Marie was able to explain my coverage in a way that made it digestible and understandable. With Marie's help I was able to fix my insurance coverage to a policy that included the best protection and I now also rest easier knowing I'm in good hands if I eve”- Josh Talmore
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I'm a UF student who got injured on campus. Schackow & Mercadante handled my case extremely well. Everything was settled in about a year. I highly recommend them for any personal injury case.- Jenny Haber
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“The lawyers and staff at Schackow & Mercadante are professional, courteous and above all treat you like the person you are. You are not a number, you are not just a paycheck, but you are a friend, a guest, dare I even say, a family member.”- Ashley Wilson
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I would absolutely trust Schackow & Mercadante to handle any injury claim. After several meetings with their staff, I'm 100% comfortable with their positive outlook and trust they want what's best for their clients.- Rob Matthews
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They treated me with great respect and negotiated a settlement for me far beyond my expectations. They answered my calls promptly and were available each time I needed them throughout my case. I have recommended this law firm to others I know because I trust the attorneys and staff here immensely.- T Harrison
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I highly recommend Schackow & Mercadante, P.A.!!! The office staff is very polite and professional. Attorneys were great and treated me like a family member.- Kevin Drye
Common Causes of Motorcycle Accidents
Most motorcycle accidents are the result of negligence. Sometimes, motorcyclists themselves make mistakes but, more often, it is the negligence of other drivers on the road that leads to devastating and even deadly motorcycle accidents.
Common causes of motorcycle accidents include:
- Speeding
- Distracted driving
- Drunk driving
- Reckless and aggressive driving
- Traffic law violations
- Failure to yield the right of way
- Failure to obey traffic control devices
- Failure to keep a lookout
- Unsafe turns, lane changes, and passing
- Vehicle defects, including defect design
- Defective or poorly maintained roadways
The cause of the crash is a critical element of a motorcycle accident claim. At Schackow & Mercadante, our motorcycle accident lawyers in Gainesville work with accident reconstructionists and other experts to identify how our clients’ accidents occurred and, most importantly, who is responsible for their damages.
Why Clients Trust Us
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Personalized Advice & Concierge Level Experience
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Direct Communication With Your Attorney
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Over 125 Years of Combined Experience
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Practicing in The Gainesville Area 55+ Years