Miami Motorcycle Accident Lawyer
According to the National Highway Traffic Safety Administration, motorcycle accidents are at an all time high. Almost 5,000 motorcyclists were killed during 2012, which represents a seven percent increase over the prior year’s statistics. During this same year, the number of motorcycle injuries reached more than 93,000. Though motorcycles make up less than one percent of all vehicles on the highway, riders are 26 times more likely to experience a fatal accident than automobile drivers. There are a variety of causes behind these disturbing statistics, including product defects and negligence by other drivers. When these accidents do occur, the victim may recover compensation from the responsible party with the assistance of an experienced Miami motorcycle accident lawyer.
Causes of Motorcycle Accidents
Product defects are a common cause of motorcycle accidents. Problems with the bike itself can place the rider at an increased risk for injury. These issues may include design defects where the layout of the cycle causes an unreasonable level of danger. Manufacturing defects may also contribute to accidents. These problems occur when the motorcycle is assembled incorrectly. Even if these defects are not the cause of the accident, they may increase the level of injuries by contributing to the seriousness of the accident. Product liability claims are challenging to prove without the assistance of an experienced lawyer who knows how to secure necessary evidence from the manufacturer and properly present it to the court.
Driver errors also contribute to the abundance of motorcycle accidents. Automobile drivers often do not recognize the rights of motorcyclists and fail to navigate around them safely. They may move into other lanes without using a turn signal or yielding to a motorcyclist already traveling in the lane. Car operators may also follow too closely behind motorcyclists, which denies them adequate room to move around as needed. Drivers fail to recognize that motorcycle operators must maneuver around potholes or slippery surfaces, so they need ample space beside and behind them. When drivers fail to exercise reasonable caution and cause motorcycle accidents, they should be held accountable for their actions.
As if the occurrence of a motorcycle accident isn’t stressful enough, victims may face additional problems in collecting on their insurance claims. A motorcycle accident can cause devastating financial effects. The injured party can face substantial medical payments, for numerous surgeries and possible months of rehabilitation. There is also a loss of employment income and the additional costs of motorcycle repair or replacement. Insurance companies are in the business of making money and they generally resist the payment of large monetary claims. This creates a situation where the accident victim must fight in court against a battery of insurance company lawyers in order to secure proper compensation.
Motorcycle Accident Facts and Questions
Can a failure to wear a helmet reduce the claim for damages sustained by an injured motorcycle rider in Florida?
Florida law doesn’t require you to wear a motorcycle helmet. But obviously, if your injury is exacerbated by the failure to wear a helmet, then yes, you’re recovery can be reduced by your failure to wear a helmet.
Can I recover even if the motorist never hit me, but caused me to have an accident?
Yes, many times a motorist might run you off the road and so you lose your lane of travelling and end up crashing into something else. The key in that situation is really to try and get the tag and identify the driver because they may not even know that they caused you to have an accident.
We call that a ‘phantom driver.’ Even if there is a phantom driver you can still recover against the phantom driver through cover that we call ‘uninsured or underinsured motorist cover,’ so that answer is yes.
What can I do if a defective roadway or unmaintained roadway caused a Florida motorcycle accident?
A defective roadway or an unmaintained roadway can be a big deal in motorcycle accident cases. Why? Because oftentimes in these unmaintained roadway situations, lines of site, for example, are blocked. People can’t see other vehicles or especially motorcycles coming from another direction.
The Department of Transportation has set standards forth that govern, for example, line a site so that you can see each other coming. Like when you go through an intersection, you need to be able to see a motorcycle coming from the other direction. If there’s roadway construction that’s blocking your view of an oncoming motorcycle, that’s a violation of the Department of Transportation standard. In motorcycle accidents, we always want to go out to the scene and make sure that there isn’t something there that may have contributed to the crash.
What is the purpose of obtaining uninsured or underinsured motorist coverage?
Oftentimes, car crashes are caused by people who either don’t have bodily injury liability insurance or they have too little to properly compensate you for your injuries. And so there is a mechanism in place, that you can purchase uninsured or under insured motorist coverage through your own automobile insurance company.
That will step into the shoes of the uninsured or under insured driver who causes the crash and make sure that you are compensated fully for your injuries. In my opinion, it’s one of the most important and best insurance coverages to purchase in Florida.
Experienced Miami Motorcycle Accident Lawyers Serving Florida
The Miami motorcycle accident lawyers of Pita Weber & Del Prado have years of experience fighting for the rights of motorcyclists. With knowledgeable guidance and aggressive representation, we can help you gain the monetary compensation you deserve. Contact 305-670-2889 today for a free consultation.