Motorcycle Accidents
Motorcycle Accidents
Residents in Florida enjoy gorgeous weather throughout the entire year, and the state has a vast array of highways that make for great motorcycle trips. Unfortunately, not every ride ends well. According to a report published by the Governors Highway Safety Association, Florida had more motorcycle accidents in 2016 than any other state in the country. Additionally, motorcycle fatalities have increased in recent years.
Motorcycle deaths started increasing in 2000 when Florida repealed the universal helmet law. The number of riders under the age of 21 that were killed in motorcycle crashes tripled within the 30 months after the repeal, even though these individuals were still required to wear a helmet. Helmet use dropped to 53 percent from 99 percent after the repeal, and only one in four riders that had to be hospitalized incurred medical bills that were less than $10,000, the amount of insurance required in Florida for bikers that do not want to wear a helmet.
Motorcycle Laws in Florida
It is crucial that all motorcyclists understand the Florida laws that govern them while they are on their bike. Under Florida law, motorcyclists must:
- Wear a helmet at all times if they under the age of 21
- Wear eye protection at all times
- Have mirrors installed on both sides of the bike
- Not have handlebars higher than the biker’s shoulders
- Have mufflers that limit the sound of the bike to a maximum of 86 decibels
- Use headlights at all times, even during the day
- Ensure passengers have a footrest and a seat
- Take a rider education course, if they are a first-time motorcycle licensee
- Produce valid proof of medical insurance coverage in the minimum amount of $10,000 if they are over the age of 21 and do not wear a helmet
- Carry the minimum amount of liability insurance required by Florida law
Liability for Motorcycle Accidents
One of the most difficult aspects of any motorcycle accident case is determining who was liable for the crash. Motorcyclists face a number of biases and stereotypes, as drivers and insurance companies often think that bikers are reckless and dangerous. Although every case is unique, liability in motorcycle accidents is determined by certain factors, including speed of the driver and biker, road conditions, driver error, and weather conditions.
Many motorcycle accidents are caused by negligent drivers that failed to provide the biker with an adequate right-of-way, typically because the driver did not see the motorcyclist. Other cases may involve a driver that did not see the motorcyclist as they backed out of a parking space or driveway. Dooring accidents are also common, which is when a driver opens the door of their parked vehicle into the path of an oncoming biker.
Defective Motorcycle Parts
In cases that do not involve a negligent driver, it is often found that a defect in the motorcycle is to blame for a crash. In these instances, injured bikers can file a claim against the manufacturer of the bike, or of the specific piece of equipment. To file these claims, a biker must prove:
- The bicycle was unreasonably dangerous;
- The motorcyclist was operating the bike in the manner intended, and
- The performance of the bike had not changed since it was first purchased.
Common Injuries in Motorcycle Accidents
It is not uncommon for a motorcycle accident to leave victims with serious injuries. Often, these injuries are even life-threatening. The most common injuries after a crash are head injuries, including traumatic brain injuries. These injuries are so common because bikers do not have the same level of protection around them that drivers do, particularly when they choose not to wear a helmet. Brain injuries are devastating for accident victims and can completely change a person’s life, as well as the life of their family members. In the worst cases, accident victims cannot even perform simple daily tasks.
Concussions are extremely common in motorcycle accidents and while many people think this type of injury is minor, it can also be life-threatening. The most common symptoms of traumatic brain injuries include extreme fatigue, memory issues and neurological disorders, blurred or double vision, numbness in the extremities, difficulty walking, nausea, and loss of coordination.
Broken bones, spinal cord injuries, neck and back injuries, damage to internal organs, amputation, burns, disfigurement, and severe road rash are also common injuries in motorcycle accident cases.
Schedule Your Free Consultation
If you or a loved one were injured in a motorcycle accident, call Aventis Law Firm for a free consultation. We will work with you to learn about the facts of your case and let you know how we may be able to help you get compensation for your injuries.
Call us to discuss your case
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General Questions
Is Aventis Law Firm Right for Me?
Choosing a law firm to represent you and your case is one of the most important decisions you can make. We understand that your case is important to you and choosing the right firm and attorney to represent you could make the difference for your case.
Attorney Nicole Liu has spent years working for some of the biggest insurance defense law firms in the State of Florida representing some of the largest insurance companies and corporations in the country, as well as big-box and specialty stores, large and small businesses, restaurants, gas stations, hospitals, and property owners. Because Nicole knows how the insurance companies think and the tactics they use to settle your case for as quickly and minimally as possible, she has a unique insight into how these companies defend their cases to get the best result for your case.
What types of cases does Aventis Law Firm handle?
At Aventis Law Firm, we handle claims in the pre-suit phase and at all levels of litigation. Our areas of practice include Auto Accidents, Bicycle Accidents, Boating Accidents, Drunk Driving Accidents, Motorcycle Accidents, Pedestrian Accidents, Trucking Accidents, Dog Bites, Premises Liability, Fire Claims & Burn Injuries, Slip and Fall, Negligent Security, Medical Malpractice, Nursing Home Abuse & Neglect, Wrongful Death, Products Liability, and Homeowners Insurance.
Please see our Areas of Practice for a detailed description of each.
How do I know if I have a case?How do I know if I have a case?
You do not need to make this decision on your own. Contact us and set up a free consultation to go over the facts of your case in detail. We will be able to tell you whom you can sue and what you can expect to recover, based on the facts of your accident. Essentially, in most situations, you will have a case if someone acted carelessly under the circumstances and caused your injuries. Applying this standard is more complicated than it sounds, however, which is why it is important to call us for a free consultation.
You may still have a case even if you do not feel hurt at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.
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