motorcycle accident lawyer

Seeking Justice, Not Fees: How Our Contingency Approach Empowers You

January 15, 2024 | Associates and Bruce L. Scheiner

At Associates & Bruce L. Scheiner, Attorneys for the Injured, we understand that navigating the aftermath of an injury can be overwhelming. We want you to know that we offer our legal services on a contingency fee basis. This means that our payment is contingent upon the successful resolution of your case. If you don’t win, we don’t charge a fee—it’s that simple.

Our fee structure is tailored to serve your best interests. As personal injury attorneys in Florida, we follow the standard charging practice that ranges between 33 1/3% and 40% of the compensation we recover for you. This flexible scale ensures that our objectives align perfectly with yours, which is to obtain the maximum possible compensation for your injuries and losses.

We pride ourselves on transparency and adherence to the Florida Bar Rules of Professional Conduct. Our contingency fees are not only a common practice but a regulated one, ensuring fairness and integrity in the representation we provide.

Helmetless Motorcyclists at Greater Risk Under New Florida Law

November 2, 2023 | Associates and Bruce L. Scheiner

On July 1, 2023, a new law went into effect in Florida that could have a significant impact on helmetless motorcyclists. HB837, also known as the “Comparative Fault” bill, changes how personal injury lawsuits are handled in the state.

Under the old law, Florida followed a system of pure comparative negligence. This meant that even if a plaintiff was partially at fault for their own injuries, they could still recover damages from the defendant, as long as the defendant was also at fault. The amount of damages that the plaintiff could recover would be reduced in proportion to their own negligence.

However, HB837 changes Florida to a modified comparative negligence system with a 51% bar. This means that if a plaintiff is found to be 51% or more at fault for their own injuries, they cannot recover any damages from the defendant, even if the defendant was also at fault.

Safe Riding Reduces Motorcycle Accident Risks in SWFL

April 26, 2019 | Associates and Bruce L. Scheiner

We wrote recently about driver liability for motorcycle collisions. Most traffic collisions involving a motorcycle and another vehicle are the fault of the vehicle’s driver. The vast majority of riders understand the risks and do whatever they can to help ensure they return home safely to their families.

But there are still a number of things riders can do to help reduce the risks of being involved in a motorcycle accident. Our Fort Myers motorcycle accident lawyers have been fighting for the rights of motorcycle accidents victims and their families since 1971 and have built a reputation throughout Southwest Florida as staunch advocates of motorcycle rights, both on the roads and in the courtroom.

Road Debris Motorcycle Injury Case Weighed by State High Court

December 28, 2017 | Associates and Bruce L. Scheiner

The Kentucky Supreme Court recently considered the personal injury lawsuit of a man who was seriously injured in a motorcycle accident when he encountered a large, downed tree in the roadway.

Plaintiff suffered serious personal injuries and sought compensation from the county’s engineer and public works director, arguing these individuals owed a duty of care to maintain the roads in reasonably safe condition, and were negligent in failing to remove the tree or warn motorists about the danger. Defendants filed a motion for qualified official immunity in their individual capacities, which the trial court granted for the public works director, but not for the county engineer. An appellate court later affirmed this decision, citing the state statute that specifically states a county engineer is responsible to remove trees or other obstacles from public roads when the road debris is a hazard to traffic. (Defendant argued he wasn’t aware of the statute and it was the county’s public work’s maintenance department that was responsible for tree removal). With qualified immunity protection not available for defendant, the case went to trial and lasted eight days. Defendant testified he was never responsible for tree removal and his team didn’t have equipment to do so, as it had always been the job of the public works department.

After all evidence was presented, defendant sought a directed judgment, which was denied, but the jury returned a unanimous verdict in favor of defendant, concluding plaintiff hadn’t proven by a preponderance of the evidence that the engineer failed to comply with his statutory duty. Continue reading ›

$18.5M Motorcycle Accident Settlement Reached for Man With Critical Injuries

March 31, 2017 | Associates and Bruce L. Scheiner

An injury lawsuit has been resolved with an $18.5 million settlement on behalf of a man who suffered critical injuries in a motorcycle accident two years ago.

The claim was filed against both the state’s department of transportation, as well as a construction contractor whose employee made an illegal U-turn without warning on a highway on-ramp, straight into the motorcyclist’s path.

Although claims against the government and government contractors are often wrought with complications and technicalities, this case shows they are often worth pursuing. Such matters should only be handled by experienced attorneys from well-resourced law firms that can capably prepare for a trial, if necessary. Continue reading ›

Summerhill v. Klauer – Motorcycle Accident Victim Gets New Trial

February 10, 2016 | Associates and Bruce L. Scheiner

A motorcycle accident victim will have the opportunity for a new trial after an appeals court ruled the trial judge erred in excluding certain evidence that would have been beneficial to the plaintiff.

Summerhill v. Klauer was an accident that involved a motorcyclist and a moped rider in Indiana. We explore the case here as some of the legal matters at issue are pertinent to motorcycle accident victims in Fort Myers too.

According to court records, the excluded evidence at issue was:

Plaintiff’s accident reconstruction expert witness testimony;
Evidence of defendant’s dishonesty, based on a decades-old fraud conviction which he lied about under oath in these proceedings;
Plaintiff’s expert medical witness testimony as to the likelihood his injuries were result in post-traumatic arthritis in the future.

State Farm Mut. Auto. Ins. Co. v. Earl – Motorcycle Accident Lawsuit

July 3, 2015 | Associates and Bruce L. Scheiner

Auto insurance companies often will not pay an insured what is owed under uninsured/underinsured motorist coverage provisions without a fight.

Uninsured/underinsured motorist coverage is coverage paid for by the insured in the event he or she is injured due to the negligent actions of another driver who either has a low maximum payout or lacks insurance. Although this type of coverage isn’t mandatory in Florida, it usually comes standard in most auto insurance packages, and people have to sign a waiver declining it if they choose to do so. It’s a good idea to have it, however, because recent studies indicate 1 in 4 drivers in Florida don’t have any coverage at all.

In the case of State Farm Mut. Auto. Ins. Co. v. Earl, a motorcyclist suffered severe injuries in a 2008 crash after a semi-truck merged into his lane, forcing him off the highway at 65 mph. The motorcyclist survived, but the trucker didn’t stop and was never found. (Other witnesses on the road confirmed his account of what happened.)