What Should You Do After Suffering a Brain Injury in a Motorcycle Accident?

Among the most severe consequences motorcycle riders may face is a brain injury. The aftermath of such an injury can change your life and your loved ones’ lives in a matter of seconds, making it essential to know exactly what steps to take if you or someone you care about experiences a brain injury from a motorcycle accident in Florida.

If you are seeking guidance after a serious motorcycle accident that resulted in a brain injury, The Morgan Law Group stands ready to help. Our team of experienced Florida motorcycle accident lawyers is committed to assisting those facing life-altering injuries get the answers, support, and legal representation they deserve.

What’s a Brain Injury? 

A brain injury refers to any trauma or damage to the brain that disrupts its normal function. These injuries can be particularly serious because the brain is the body’s command center, controlling everything from thought and memory to movement and sensation. In the context of a motorcycle accident brain injury, the forces involved in a collision  (such as a direct blow, sudden jolt, or even rotational motion) can damage delicate brain tissue.

Different types of brain injuries that could arise in a motorcycle accident include:

• Traumatic Brain Injuries: These are caused by external forces, such as hitting your head on the pavement or another vehicle. 

TBIs are further classified as:

• Concussions: Considered a mild TBI, but can still have significant effects.
• Contusions: Bruising or bleeding within the brain, often from direct impact.
• Diffuse Axonal Injury: Caused by strong rotation or shaking, stretching and damaging brain cells.
• Penetrating Injuries: When an object, like debris or motorcycle parts, pierces the skull and enters brain tissue.
• Coup-Contrecoup Injuries: The brain hits one side of the skull and then rebounds to the opposite side, causing injury in multiple areas.

Brain injuries can range from mild, with temporary symptoms, to severe, with lasting or fatal consequences. Even a mild concussion requires prompt evaluation, as symptoms may worsen or mask a more severe injury.

Why Would You Get a Brain Injury in a Motorcycle Accident?

Motorcycle accidents are unfortunately common in Florida, a state known for its year-round riding weather and vibrant motorcycle community. However, the lack of physical protection compared to other vehicles makes riders far more vulnerable to serious injuries.

Florida Helmet Law and Risk of Brain Injury

Research has shown that the use of helmets dramatically reduces the likelihood and severity of motorcycle accident brain injuries. According to a study examining injury patterns in U.S. motorcycle crashes from 2007 to 2017, non-helmeted riders were more than twice as likely to suffer severe traumatic brain injuries compared to those wearing helmets.

Unfortunately, Florida motorcycle laws allow adult riders (age 21 and up) to ride without a helmet if they carry at least $10,000 in medical insurance coverage. While this law provides freedom of choice, it also leaves many riders exposed to greater risks. The unique aspects of motorcycle accidents in Florida, such as direct impact with the ground or other vehicles, make the brain especially vulnerable.

Additional factors as to why brain injuries are so common in motorcycle accidents in the Sunshine State include:

• Lack of Enclosure: Unlike cars, motorcycles don’t offer a protective cage, crumple zones, or airbags.
• High Speeds: Florida highways often see high-speed traffic, which increases impact forces.
• Frequent Tourists: Florida’s large number of visitors may not be familiar with local roads, leading to higher crash risks.
• Urban Congestion: Dense urban areas like Miami, Tampa, and Orlando create more hazards and sudden stops.

Given these factors, any motorcycle accident in Florida has the potential to result in a brain injury, especially if the rider isn’t wearing a helmet.

Essential Things to Do After Suffering a Brain Injury in a Crash 

Suffering a motorcycle accident brain injury can leave you confused, disoriented, or even unconscious. Immediate action is crucial for your safety, your health, and the protection of your legal rights. 

Here’s what you should do:

After the Accident

• Try Not to Move: Brain injuries are often accompanied by neck or spine injuries. Unless you’re in immediate danger (such as from a fire), stay as still as possible until help arrives.

• Preserve Evidence: If possible, ask someone to take photos of the scene, your injuries, the vehicles involved, and any road conditions that may have contributed to the accident.

• Gather Witness Information: Get the names and contact details of any witnesses. Their statements may be critical to your claim.

• Cooperate With Law Enforcement: Answer basic questions honestly, but avoid making statements about fault. The police report is a key piece of evidence in every Florida motorcycle accident.

• Seek Medical Attention: Even if you feel “fine,” symptoms of a brain injury can be delayed. Always let paramedics examine you at the scene. If emergency services offer to transport you to the hospital, accept. Prompt treatment can make all the difference.

After a Brain Injury Diagnosis

• Follow All Medical Instructions: Adhere strictly to your doctor’s recommendations. Attend all follow-up appointments and document any changes in your condition.

• Keep a Symptom Diary: Record daily symptoms (i.e., headaches, confusion, memory loss, and vision changes). This can help both your doctor and your brain injury attorney in Florida understand how the injury affects your life.

• Notify Your Insurance Company: Report the accident as soon as possible, but avoid providing detailed recorded statements until you have spoken with a motorcycle accident lawyer.

• Consult with Motorcycle Accident Lawyers: Don’t wait to get professional legal advice. A knowledgeable attorney will help protect your rights, gather crucial evidence, and begin the claims process immediately.

Taking these steps helps ensure you receive the medical treatment you need and maximizes your ability to pursue fair compensation for a brain injury from a motorcycle accident.

How Do You Prove Who’s Liable for Your Motorcycle Accident Brain Injury?

Establishing liability is a key step in every motorcycle accident brain injury case. In Florida, proving who is responsible can involve several legal elements and sources of evidence:

Elements of Negligence

To recover compensation, your lawyer must show that another party’s negligence caused your injuries. The elements of negligence include:

• Duty of Care: The at-fault party (usually another driver) owed you a duty to operate their vehicle safely.
• Breach of Duty: That party breached their duty – perhaps by speeding, texting, driving under the influence, or failing to yield.
• Causation (Actual and Legal): Their actions directly caused your brain injury from a motorcycle accident.
• Damages: You suffered actual harm, such as medical bills, lost income, or pain and suffering.

To prove one’s liability for a motorcycle accident brain injury, the following evidence is crucial:

• Police Reports: Officers document their findings, witness statements, and any citations issued at the scene.
• Accident Scene Photos: Visual evidence can show skid marks, road conditions, and vehicle positions.
• Witness Testimony: Unbiased witnesses can confirm your version of events.
• Medical Records: These link your injuries directly to the crash.
• Surveillance or Traffic Cameras: Footage can be vital in showing exactly how the collision occurred.
• Expert Analysis: Accident reconstruction experts can analyze physical evidence and provide detailed opinions.

Because Florida follows a modified comparative fault rule, your compensation could be reduced if you are found partially at fault. However, as long as you are less than 50% responsible, you are still eligible to recover damages.

How Does a Brain Injury Develop Over Time?

One of the most challenging aspects of a motorcycle accident brain injury is that symptoms and complications can develop gradually, even days or weeks after the accident. Understanding how these injuries progress is crucial for both medical treatment and legal claims.

Some brain injuries from motorcycle accidents, unfortunately, prove fatal. 

This can occur due to:

• Swelling (Cerebral Edema)
• Hematoma or Hemorrhage
• Diffuse Axonal Injury
• Secondary Complications

Fatal injuries may not result in immediate death; some individuals succumb days or weeks later due to secondary brain damage or complications. In these tragic cases, surviving family members may be eligible to pursue a wrongful death claim in Florida.

What Damages Can You Claim for a Motorcycle Brain Injury in Florida?

Victims of a motorcycle accident brain injury may be entitled to significant compensation under Florida law. 

Damages in these cases can include both economic and non-economic losses:

Economic Damages

• Medical Expenses: Emergency treatment, hospitalization, surgery, rehabilitation, medications, and ongoing care.
• Lost Wages: Income lost due to time away from work, and diminished earning capacity if you can no longer work as before.
• Home and Vehicle Modifications: Costs of making your living space accessible.

Noneconomic Damages

• Pain and Suffering: Compensation for physical pain, mental anguish, and loss of enjoyment of life.
• Disability and Disfigurement: Long-term or permanent changes to your body or mind.
• Emotional Distress: Depression, anxiety, PTSD, and other mental health impacts.

Punitive Damages

In rare cases involving extreme recklessness (such as a drunk driver), Florida law may allow for punitive damages to punish the wrongdoer.

Every case is different, so it’s important to work closely with an experienced motorcycle accident lawyer who can help document your losses and maximize your recovery.

Florida’s Statute of Limitations for Brain Injury Cases

Every injury claim in Florida is subject to a strict deadline known as the statute of limitations. 

In Florida, you typically have 2 years from the date of your motorcycle accident to file a lawsuit for personal injuries, including brain injuries. If you miss this deadline, the court may dismiss your claim entirely, no matter how strong your case.

However, exceptions may apply:

• Delayed Discovery: If symptoms of a motorcycle accident brain injury were not immediately apparent, the clock may start from the date you reasonably discovered your injury.
• Minors: For children injured in a Florida motorcycle accident, special rules may apply.

Given the complexity of these rules, it’s vital to consult with a motorcycle accident attorney in Florida as soon as possible after your accident.

Schedule Your Free Consultation with Our Motorcycle Accident Lawyer in Florida

A motorcycle accident brain injury is a life-changing event, affecting every part of your health, finances, and future. The legal and medical issues involved are significant, but you do not have to face them alone. 

If you have suffered a brain injury from a motorcycle accident in Florida, do not hesitate to reach out to us. The Morgan Law Group stands ready to help you secure the care and compensation you need. As experienced motorcycle accident lawyers in Florida, our mission is to make sure your voice is heard and your rights are protected. 

Call us today at (305) 504-7642 or contact us using our online form to schedule a free consultation. Let us handle the legal burdens while you focus on healing and rebuilding your life.