Motorcycle Accidents and Liability Cases in Florida
Motorcycle accidents can be particularly devastating due to several factors. The openness of the bike, along with its small size make these vehicles more prone to propel through the air. Additionally, the rider is less protected with increased potential for bodily harm. In recent years, the number of motorcyclists in the United States increased substantially, as more Americans take to the open roads on bike. They are an economical alternative to gas guzzling automobiles, especially during a time of economic hardship for so many. But unfortunately, more motorcycles equate to more motorcycle accidents on the roads, causing serious injuries and tragic deaths.
Recent news reports are filled with stories about highway motorcycle accidents. The Florida Times Union reported on a man who was pronounced dead by the Florida Highway patrol last week from injuries he sustained in a motorcycle accident. According to the article, the accident occurred when the driver of a vehicle failed to yield, causing the motorcycle to hit the back of the car. The motorcyclist was rushed to an area hospital, where he later died. The Press Republican also published an article about another recent motorcycle accident that resulted in death. The report is regarding a 47-year-old whose motorcycle allegedly hit a guardrail outside on an Orlando highway. The victim was reportedly trying to make a turn when he lost control of the motorcycle. He reportedly was not wearing a helmet and died at the scene.
Motorcycle Liability Options
These articles exemplify the seriousness and frequency of motorcycle accidents. While driver mistake is often the cause, there are numerous cases where other drivers are at fault. Automobile drivers often make lane changes and merges without yielding to motorcyclists. When these incidents occur, the victim or victim’s family may choose to bring a liability lawsuit against the automotive driver for negligence. To successfully prove these cases, the plaintiff’s lawyer must demonstrate to the court that the automobile driver did not exercise adequate care in operating the car. In addition, the court must conclude that the lack of care proximately caused the motorcycle accident. Proving these connections can be challenging, making these cases best handled by an experienced lawyer.
Aside from driver negligence, product liability is also a concern in motorcycle liability cases. The motorcycle might have an improperly mounted throttle or a defect in the design of the gas tank. Even if driver negligence is obvious, design and/or manufacturing problems could contribute to the seriousness of the accident. For example, a driver may lose control of a bike causing it to slide on the pavement, but the subsequent explosion may result from a manufacturing issue. A civil liability lawyer knows how to research these possibilities and include the correct parties in the case. Due to the extensive investigation and information gathering involved, it is advisable to secure legal counsel immediately following the accident.
If you or a loved one has been injured in a motorcycle accident, contact the Miami based firm of Pita & Del Prado for knowledgeable guidance and aggressive representation. Call 305-670-2889 today for a free consultation.