Articles Posted in Motorcycle Injury

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South Florida motorcycle accidents lawyerIn Florida motorcycle accidents, there can be numerous defendants – sometimes including those who weren’t actually behind the wheel. In a recent motorcycle accident lawsuit that settled mid-trial for $1 million, the defendants included the driver as well as the owner of the vehicle, which in this case was the driver’s employer, a commercial cleaning company. They were held responsible by a legal doctrine called vicarious liability.

As our Fort Myers Motorcycle Accident Lawyers can explain, vicarious liability is the legal term for when one party is held responsible for the unlawful actions of another. Vicarious liability is relevant in auto accident cases wherein one party is responsible for/has control over a third party or a type of property.

There are several ways in which third parties can be held vicariously liable for Florida motorcycle accidents. The two applicable in this case are the liabilities imposed on employers and vehicle owners in Florida. Continue reading

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South Florida Motorcycle AccidentNobody sets out for a ride anticipating a Florida motorcycle accident. But when it happens, it’s important to proceed cautiously to protect your legal rights.

Pursuing a claim for motorcycle injuries is slightly different than doing so in other types of crashes. That’s partly because injuries are likely to be more serious than the average crash. It’s also because motorcyclists in Florida are not required to purchase PIP (personal injury protection) coverage, the foundation of the state’s no-fault accident system. To ensure fair financial recovery, it’s important to talk to an injury attorney experienced in motorcycle injury cases.

By their very nature, motorcycles are less stable, less visible and less crash-worthy than passenger cars – despite their high-performance capabilities. When motorcyclists crash, they lack the protection of an enclosed vehicle, so they’re far more likely to be seriously injured or killed. Per vehicle miles traveled, motorcycle deaths are 27 times higher than car deaths.

No PIP in a Florida Motorcycle Accident Case

To receive compensation for a Florida motorcycle accident injury, it will be necessary for your Fort Myers motorcycle injury lawyer to help you determine who was at-fault. “Fault” is established by proving the operator/driver in question failed to use reasonable care when they had a duty to do so, in turn causing your injuries. Continue reading

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Florida motorcycle passenger injuries

Motorcycle accidents in Florida are unfortunately all-too-common. The Florida Department of Highway Safety and Motor Vehicles reports that there were more than 9,100 motorcycle crashes reported statewide in a single recent year. NHTSA reports that per vehicle miles traveled, those on motorcycles are 28 times more likely to be injured in a crash than people in passenger vehicles. As for motorcycle passenger injuries specifically, a JAMA Surgery study found that traumatic brain injuries – the most common type of motorcycle injury overall – were far more common among passengers, who are reportedly less likely to wear helmets.

Despite the outsized risk posed to passengers on motorcycles, most injury articles focus on damages for the motorcycle operator. For Florida motorcycle passenger injuries, the approach to financial compensation may be different than the average single-rider case. Riders have little control over the bike itself, placing the passenger in an exceedingly vulnerable position. Often, liability may be sought from more than one source.

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Fort Myers motorcycle accident lawyer

Motorcycles are prevalent in the Sunshine State. More than 550,000 motorcycles are registered here, and biker tourism is a big draw. As a longtime South Florida injury lawyer, I am familiar with Florida’s motorcycle helmet law and have successfully handled my fair share of motorcycle accident claims in Fort Myers, Naples, and Key West. The National Highway Traffic Safety Administration (NHTSA) reports more motorcyclists and passengers are injured and killed here annually than in any other state.

In motorcycle injury and wrongful death cases, the question “Do I have to wear a Motorcycle helmet in Florida?” often arises; whether riders have the right to forgo helmets and whether that decision impacts their injury claim is often the next question. The answers depend on how old you are, what kind of insurance you have, and whether you suffered head/neck/facial injuries.

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Not a month – or sometimes week – passes in Lee County where there isn’t a serious or fatal motorcycle accident. Florida in general has some of the most dangerous roads in the country – more than once noted by federal traffic safety regulators to have more deadly motorcycle crashes than anywhere else in the country.motorcycle accident lawyer

Because of their vulnerability in being openly exposed to the roadway, fixed objects and other vehicles, motorcyclists are 28 times more likely to die when they’re involved in a crash than occupants of passenger vehicles, according to the Governors’ Highway Safety Association.

By their very nature, motorcycles are less crash-worthy than closed vehicles. They are also less visible to other motorists and offer less stability than four-wheeled passenger vehicles. Further, motorcyclists and any passengers they carry are more vulnerable and exposed to the elements and road conditions than the average driver. This is why operating a motorcycle needs some combination of both physical and mental skills – and special licensing. Continue reading

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Florida is the most popular state in the nation for motorcycle riders.

It is also the most dangerous.ridersafety-300x261

May is Motorcycle Safety Awareness Month. Our motorcycle injury attorneys in Fort Myers encourage motorists to take seriously safety messages like “Look Twice, Save a Life.” Do not assume motorcycle safety is a rider’s responsibility. Most riders do whatever they can to stay safe. The reality is that the vast majority of motorcycle accidents involving passenger vehicles are the fault of the vehicle’s driver.

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While May was Motorcycle Safety Month, watching for riders is a year-around job in Southwest Florida.

Motorcycles are incredibly popular in Southwest Florida, probably because we enjoy what is easily one of the best riding landscapes in the country – long stretches of flat roads, ideal weather year-round and captivating scenery. motorcycle injury lawyer

But our injury lawyers in Fort Myers also know Florida is also one of the most dangerous places to ride a motorcycle. The National Highway Traffic Safety Administration(NHTSA) tallied 577 Florida motorcyclists killed in a recent year – by far more than any other state (even California and Texas, which trump Florida in both size and population).

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