Experienced personal injury lawyers helping motorcycle accident victims in Stuart, Gainesville, and throughout the surrounding areas
Motorcyclists face increased dangers of being involved in motorcycle accidents and suffering serious injuries or fatalities as a result. Many accidents happen because the drivers of other vehicles fail to see cyclists and cause them to wreck. Motorcyclists have little to protect them from the physical forces of collisions and are much likelier to suffer catastrophic injuries as a result. If you were injured in an accident with another motorist or your loved one was killed, you may have legal rights. The experienced injury lawyers at The Eberst Law Firm, P.A. are here to fight for you so that you can recover the maximum possible compensation for your losses.
Common Causes of Motorcycle Accidents
The most frequent causes of motorcycle accidents include:
A failure to notice incoming motorcycles or a failure to check all sides before changing lanes is another frequent cause of motorcycle accidents. Whether it is turning left at a tricky intersection or changing lanes without having a wide berth, seconds of inattention can lead to fatal outcomes. People may fail to look for motorcyclists if they’re texting while driving, driving under the influence, or driving while fatigued. By altering their state of mind, they can become more forgetful.
This is more or less involved in all the other causes. Speeding reduces a vehicle’s chance of reacting to other drivers in time to avoid a crash. As the speed rises, the impact and associated risk increase. People speed to get places as fast as they can, but speeding has consequences they seem to forget.
Riders must undergo extensive training before they get on the road. However, very often, riders start sooner than they should. According to the NHTSA, in 2017, riders without a valid license caused 29% of all motorcycle fatalities. Unexperienced passenger vehicle drivers can also cause accidents. Since they’ve only just started driving, they may not be as careful looking for motorcyclists or other vulnerable road users.
Many accidents occur because drivers of passenger vehicles misjudge the speed of motorcycles. This may be purely an accident, but it could also occur when someone is distracted, under the influence, or inexperienced.
Despite extensive campaigns by various organizations, motorcycle accidents caused by intoxication are still very high. The percentage of intoxicated motorcycle riders involved in fatal crashes is greater than intoxicated automobile drivers, as shown by NHTSA reports. When a driver is intoxicated, they’re unable to think quickly. If there’s a change in traffic, they’re likely to miss it. Drunk drivers are also known to speed faster, follow too closely, and engage in road rage or aggressive driving.
Debris, potholes, confusing signs, faulty traffic signals, and other road-related elements also lead to catastrophic motorcycle accidents. And while you can’t really sue the city for bad infrastructure, you should still be able to sue the at-fault driver. Hazardous roads are meant to be driven on with care, and if the driver fails to do that—they could be liable.
Common Types of Injuries in Motorcycle Accidents
Motorcycles are generally less stable than cars and less visible to other drivers. Hence injuries may range from minor to fatal.
Road rash is a type of friction burn that occurs when motorcyclists slide across the road or pavement after falling off their motorcycle. The clothing fabric and the intensity of the abrasion will influence the severity of this skin injury.
In an accident, motorcyclists lack the protection of an enclosed vehicle. Thus, the powerful impact of a collision can easily inflict damage to the bones. Fractures may range from simple and closed to comminuted, where the bones shatter into small pieces. Common areas of impact include the collarbone, neck, limbs, ribs, pelvis, hips, etc.
Spinal cord injuries
The impact of a crash often throws off the motorcyclists from their vehicle leading to injuries to the spinal cord. Depending on the extent of the injury, victims may develop partial or total paralysis.
Traumatic brain injuries (TBI)
Injury to the brain tissue can range from a minor concussion to subdural hematoma caused by the rupture of blood vessels in the brain. While some of these are more “mild” forms of injury, any hefty blow to the skull can cause a lot of physical, psychological, and economic suffering.
Compensation Available in a Motorcycle Accident
No set formula can tell you how much compensation is available for a motorcycle accident. Each accident case is unique. The following are some key factors considered in every case:
- The accident’s severity
- Cost of treatment
- Psychological trauma
- Damage to the motorcycle
- Lost wages from being unable to work post-injury
Excluded from the state’s no-fault law, Florida’s motorcycle riders are defenseless after an accident. They become dependable to look for compensation without no-fault reimbursement. Further, the state-required minimum bodily injury insurance may not be adequate to cover damage to the motorcycle and individual wounds. Hence, it is ideal to consider what legal alternatives are accessible, including recruiting an attorney for court settlements.
Why Should I Hire a Motorcycle Accident Attorney?
A motorcycle accident and its aftermath involve a great deal of suffering and stress for the victim and their loved ones. Hiring a motorcycle accident attorney thus becomes essential to help you deal with the demands of the situation.
There may be instances where you are ineligible for compensation, e.g., when you are at fault. However, even in such instances, an attorney might help you get a small settlement to manage your injuries and loss.
Legal claim process
Legal processes are complex and time-consuming. Dealing with injury and suffering along with it might become a herculean task! An experienced attorney helps you maximize your claim or lawsuit’s overall value while minimizing your payback obligations. Thus, you will be able to rest and recover from your injuries without getting overwhelmed with legalities.
In the case of insurance companies, an insurance adjuster may make a low offer or try to blame you for your injuries. Your attorney can use their knowledge of case law and extensive legal expertise to arrange for a better offer.
If negotiations with your insurance company fail, your attorney may take your case to court. They will start by helping you sue and represent you at the time of trial. This gives you a chance to get satisfactory compensation.
Finally, in the event of a severe injury, it is very difficult, if not impossible, for you to follow up on your settlement. Hiring a motorcycle accident attorney will allow you to focus on rehabilitation while they go after your settlement. Having a family member take care of the legal formalities may also not be ideal because of the situation’s emotional pressure. Getting an attorney to handle the settlement will allow you and your family to focus on your recovery.
Stuart Motorcycle Accident Lawyers at The Eberst Law Firm
Following a motorcycle accident, it is important for you to talk to an experienced injury lawyer as soon as possible. Injury and wrongful death claims have statutes of limitation. If you miss these deadlines, your ability to recover damages will be barred. The attorneys at The Eberst Law Firm, P.A. may work to investigate your case thoroughly and to preserve the evidence so that your ability to recover compensation may be protected.
We also understand the types of tactics that insurance companies often use when they are defending against negligence claims, helping us to anticipate their arguments and to build stronger cases for our clients. Contact The Eberst Law Firm, P.A. today to schedule your consultation and to learn more about the rights that you might have in your case.