Punta Gorda Florida Motorcycle Accident Lawyer Gets 6.4 Million Dollar Verdict | Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A.

When you're riding your motorcycle through the scenic roads of Charlotte County Florida, the last thing on your mind should be the possibility of a dangerous road condition created by the County. Unfortunately, we had a client who had a motorcycle accident happen resulting in devastating injuries that changed their life forever with a traumatic brain injury (TBI). If you've been injured in a motorcycle crash, you need experienced legal representation from a dedicated motorcycle accident lawyer who understands the unique challenges these cases present.

Here is a recap of a motorcycle accident case against Charlotte County: In March of 2021, our client was riding their motorcycle during a light drizzling rain on Edgewater Drive just before a roundabout when they went over an entire lane wide and 20 foot long area of black paint on the roadway. This slippery area caused their rear tire to slide and turn sideways then causing the rear tire to catch once it came back onto the unpainted asphalt, whipping our client to the ground. Painted on top of the black box was the white painted fishhook arrow for the roundabout. When we investigated the scene we had not seen the use of black paint in that manner, especially on black asphalt. We looked around the County and saw that the County seemed to use this technique to create contrast in areas where there were fishhook arrows or turn arrows in turn lanes to try to emphasize the street symbol.

Understanding Motorcycle Traction With Coefficient of Friction in a Southwest Florida Accident

In the case above, we did some testing and found that the black painted boxes had a COF 20-30% lower than the asphalt but still within the "accepted range" of COF. Our best arguments were (1) while the paint was in the accepted range the paint was used in a much larger area than is allowed based on FDOT and MUTCD standards (you cannot use lane-wide black paint) and (2) that though the COF of the black paint was within the accepted range, it was the significant difference of COF between the black paint and the unpainted asphalt that made it dangerous, especially for motorcycle users.

Understanding Motorcycle Head Injuries in Southwest Florida

In the case mentioned above the client was not wearing a helmet. They suffered a severe TBI and have limited use of their left arm and leg as well as significant memory loss. The client is now mostly wheelchair bound. The client's spouse had to quit their day job and work the night shift for a large complex in the maintenance division, so they could care for our client during the day. Our Neurosurgeon did a great job explaining the brain sheering type of injuries that can occur, and that it can happen from the torque of the brain and the brain slamming against the skull, even if helmeted. This sheering type of injury caused severe swelling of the brain, which required multiple craniotomy surgeries to stabilize the client. That swelling caused a stroke, furthering the injuries to our client. Ultimately, Charlotte County's defense did not have evidence that the lack of helmet made the injury worse.

What happens After You File a Lawsuit For A Motorcycle Accident in Charlotte County

We filed suit pretty quickly against the County. As part of our public records request for work done on the intersection we found out that back in 2017 there was an expansion project completed on the roadway, widening it and adding roundabouts. But, of course, they had very few records of it. In litigation we were able to get more records and find out who the contractors were who worked on the project and we added them to the lawsuit.

Thankfully the contractors had much better records so we were able discern who we THOUGHT had put down the black paint. But unfortunately it was the County with their sovereign limits to liability. We felt pretty confident that Charlotte County had done the work, though there was not the "smoking gun" record since Charlotte County kept horrible records. There were plenty of records that lead to the reasonable inference though.

There were other issues also. Charlotte County argued that they did not do it but IF they did, they argued they were immune from liability because it was a planning level decision. We were able to avoid summary judgement because we had the theory and enough evidence to argue (1) they knowingly created a dangerous condition and (2) they inserted themselves into the project and deviated from the plans for the project because the plans did not call for painted black contrast (lane-wide) boxes and the plans called for the project to meet FDOT and MUTCD standards. Both of these are avenues around the planning level decision issue.

Why to Not Accept The First Offer After A Motorcycle Accident in Charlotte County

The top offer was $50,000 from the County before trial. At trial the County argued they did not do it (a major mistake by them in our opinion), that even if they did do it, it was not dangerous because there were no other records of incidents at the location from when it opened in 2017 to present, that even if they did it, the contractors were at fault because they were the CEIs for the project and were supposed to oversee it and should have made a change. They also argued comparative fault in operation of the motorcycle as well as fault for lack of wearing a helmet. All this was the basis for their offer. You can read more about not taking first offers HERE.

How Did Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. Increase The Compensation For Damages After A Motorcycle Accident

During trial we were able to get every County employee that testified to agree that the only reasonable explanation for the black paint ending up there was that the County put it there. We also had a public record of citizen complaint AFTER our client's incident of a motorcycle rider sending in a complaint that the black boxes were slippery. Our accident reconstruction expert did a good job explaining why the area was dangerous and against engineering standards, as well as being out of compliance with FDOT and MUTCD.

Why Hiring A Trial Expert Law Firm Helps Your Accident Case

Hiring a firm that has board certified civil trial attorneys is invaluable when it comes to selecting a jury during voir dire for a motorcycle accident case. We took a risk and kept a retired officer who was a crash investigator on the jury, as well as a medical professional. The thinking with the officer was that they would be able to look at this and do a proper investigation and we felt we had the facts to prove this case. The medical professional was risky also but they said that they dealt with brain injuries and we felt they would side with our neurosurgeon and use their own experience that helmet riders can also have bad TBI. As we performed voir dire, we were able to ascertain several of our jurors rode motorcycles. Obviously that makes a huge difference in the juror's ability to understand the complexities of this case.

What Verdict Did This Motorcycle Accident Case Against Charlotte County Receive?

The jury came back with 100% liability on the County, with no comparative fault on the client. The jury awarded all medical bills of just over $180,000.00, $1,200,000 in lost wages and loss of future earnings capacity, $4,000,000 in Pain & Suffering and $1,000,000 in consortium (spousal loss of companionship).

We are so happy for these clients as they are absolutely wonderful people. A long fought battle that ended in victory for our clients. Attorney Eve T.K. Volkmann stated "Hands down this was the most rewarding moment so far in my career: watching the jurors cry during my partner Christopher J Smith's opening statement, and when I got to hold my client's hand as the verdict was read. Those were real tears of joy as the verdict was announced: thankfully justice was served by this jury. This is why we do what we do each day." This verdict is just the start. 

Motorcycle accidents in Port Charlotte often result from:

• Driver negligence and failure to see motorcyclists
• Left-turn collisions at busy intersections
• Lane-changing accidents on roads, highways or freeways
• Distracted driving incidents
• Speeding and/or reckless driving
• Impaired driving crashes
• Road hazards and poor maintenance

The physics of motorcycle accidents make them particularly devastating. Without the protection of a vehicle's frame, airbags, and seatbelts, motorcyclists absorb the full impact of a collision. Even minor crashes can result in serious injuries requiring extensive medical treatment and long recovery periods.

Why You Need a Florida Motorcycle Accident Attorney

Motorcycle accident cases present unique challenges that require the knowledge and experience of a skilled Florida motorcycle accident attorney. Insurance companies often harbor bias against motorcyclists, unfairly assuming that riders are inherently reckless or at fault for accidents. This prejudice can significantly impact your ability to recover fair compensation and get justice.

Our motorcycle accident attorneys understand these biases and know how to combat them effectively. We work diligently to:

• Investigate the accident scene thoroughly
• Gather crucial evidence before it disappears
• Interview witnesses and document their statements
• Work with accident reconstruction professionals
• Challenge unfair assumptions about motorcyclists
• Negotiate aggressively with insurance companies
• Prepare your case for trial if necessary

Common Injuries in Motorcycle Accidents

Traumatic Brain Injuries (TBI)

Head injuries are among the most serious consequences of motorcycle accidents. Even with proper helmet use, the force of impact can cause concussions, traumatic brain injuries, and other neurological damage that may have lasting effects on cognitive function and quality of life.

Spinal Cord Injuries

The impact of a motorcycle crash can damage the spinal cord, potentially resulting in partial or complete paralysis. These life-altering injuries often require extensive medical treatment, rehabilitation, and long-term care.

Broken Bones and Fractures

The force of being thrown from a motorcycle frequently causes multiple fractures, particularly to arms, legs, ribs, and the pelvis. Complex fractures may require multiple surgeries and extended recovery periods.

Road Rash and Soft Tissue Injuries

Contact with the pavement can cause severe abrasions known as road rash, which may require skin grafts and leave permanent scarring. Soft tissue injuries to muscles, ligaments, and tendons can also cause chronic pain and mobility issues.

Determining Liability in Florida Motorcycle Accidents

Florida operates under a comparative negligence system, meaning that compensation can be reduced based on your percentage of fault in the accident. This makes it crucial to have an experienced Florida motorcycle accident attorney who can effectively argue against unfair blame and protect your right to full compensation.

Common scenarios where other parties may be liable include:

• Motor vehicle drivers who fail to yield right-of-way
• Drivers who make unsafe lane changes
• Distracted or impaired drivers
• Government entities responsible for road maintenance
• Motorcycle manufacturers in cases of defective parts

Compensation Available for Motorcycle Accident Victims

Motorcycle accidents often result in severe injuries that require extensive medical treatment and long recovery periods. Our Punta Gorda Florida motorcycle accident lawyers work to secure compensation for all your losses, including:

Your Economic Damages

• Medical expenses, including emergency treatment, surgeries, and rehabilitation
• Lost wages and reduced earning capacity
• Property damage to your motorcycle and gear
• Future medical costs and ongoing care needs

Your Non-Economic Damages

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Permanent disability or disfigurement

Punitive Damages

In cases involving gross negligence or intentional misconduct, you may be entitled to punitive damages designed to punish the wrongdoer and deter similar behavior.

The Importance of Acting Quickly

Florida law imposes strict time limits for filing personal injury claims. The statute of limitations for motorcycle accident cases is typically two years from the date of the accident. However, waiting too long to seek legal representation can harm your case in other ways:

• Evidence may be lost or destroyed
• Witness memories fade over time
• Insurance companies may use delays against you
• Medical records may become harder to obtain

Contact our motorcycle accident attorneys as soon as possible after your crash to protect your rights and preserve crucial evidence.

How Goldstein, Buckley PI Law Handles Motorcycle Accident Cases

• Immediate Response: Our team responds quickly to preserve evidence, document the accident scene, and begin building your case while the details are fresh.
• Thorough Investigation: We collaborate with reconstruction experts, medical professionals, and other specialists to develop a comprehensive case.
• Aggressive Negotiation: We fight against insurance company tactics to secure the full compensation you deserve.
• Trial Preparation: Every case is prepared for trial, strengthening our position and ensuring readiness if court becomes necessary.

How Do Insurance Companies Operate After a Motorcycle Accident

Insurance companies are businesses focused on protecting their bottom line. They often employ tactics designed to minimize payouts to accident victims, including:

• Quick settlement offers that seem generous but fall short of covering full damages
• Requesting recorded statements that can be used against you later
• Delaying claim processing to pressure low settlements
• Arguing that your injuries aren't as severe as claimed
• Blaming you for the accident to reduce their liability

Never speak with insurance adjusters without your lawyer present. Our attorneys handle all communications, protecting your rights while working to secure fair compensation.

Local Knowledge Makes a Difference

As a Southwest Florida law firm with deep roots in the community, GBC Law understands the unique challenges faced by motorcyclists in our area. We're familiar with:

• High-risk intersections and roadways throughout Lee, Collier, and Charlotte counties
• Local traffic patterns and seasonal variations
• Regional medical facilities and treatment providers
• Local courts and legal procedures
• Law enforcement agencies and their accident investigation procedures

Frequently Asked Questions About Motorcycle Accidents

What should I do immediately after a motorcycle accident?

Call 911, Seek medical attention, document the scene with photos, gather witness information, and avoid discussing fault.

How long do I have to file a motorcycle accident claim in Florida?

Florida’s statute of limitations is typically two years from the date of the accident. We urge you to contact an attorney as soon as possible.

Will my motorcycle accident case go to trial?

Most cases settle, but if insurers refuse fair compensation, GBC Law is ready to take your case to court like in the above case review.

What if I wasn't wearing a helmet at the time of the accident?

Not wearing a helmet doesn’t automatically bar recovery (see case example above). The impact on your case depends on all of the accident details.

Can I still recover compensation if I was partially at fault for the motorcycle accident?

Yes. Florida follows comparative negligence, meaning you can still recover damages reduced by your percentage of fault.

What if the other driver involved in the accident does not have insurance?

You may recover through your own uninsured/underinsured motorist coverage. Our attorneys can help you explore your options.

How is the value of my motorcycle accident case determined?

Factors include injury severity, medical costs, lost wages, property damage, and pain and suffering.

Contact Our Punta Gorda Motorcycle Accident Lawyers Today

If you or a loved one has been injured in a motorcycle accident in Punta Gorda, Port Charlotte or anywhere in Southwest Florida, don’t wait to seek legal representation. The experienced motorcycle accident attorneys at Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. are ready to fight for your rights and help you secure the compensation you deserve.

With offices in Fort Myers, Cape Coral, Naples, Port Charlotte, and Lehigh Acres, we're conveniently located to serve motorcyclists throughout Southwest Florida and beyond. Our team is committed to providing compassionate, aggressive representation every step of the way.

Get the Legal Help You Deserve

Proven results. Compassionate advocacy. No upfront fees. When you're facing the aftermath of a serious motorcycle accident, you need attorneys who understand the stakes and will fight for your future.

Contact GBC Law today at (239) 500-4878 or visit our contact page to schedule your free consultation. Let us put our decades of experience to work for you and help you get the justice you deserve.