With the gorgeous weather in Aventura and the Miami area, it is no surprise that there are motorcyclists out and about all year-round. However, while riding a motorcycle is fun, freeing, and even economical, it is risky. Motorcyclists ride alongside large passenger vehicles and commercial trucks, and they are vulnerable if a collision occurs with another vehicle.
While all drivers should understand how to share the road with motorcyclists safely, there will always be negligent—or even intentionally dangerous—drivers. There are also additional factors that expose motorcyclists to harm, including defective bikes or treacherous road hazards.
After a crash, an injured motorcyclist has fundamental legal rights and should always discuss the cause of the accident and a possible legal claim with an experienced Aventura motorcycle accident attorney.
Motorcyclists Can Suffer Severe Injuries
There are many kinds of protective gear designed to safeguard motorcyclists. However, a motorcyclist wearing the maximum amount of protective equipment is still never fully shielded from the possibility of a severe injury if a crash occurs.
For example, a helmet cannot protect you from head injuries 100% of the time. In addition, a motorcycle does not include the safety components of a car or truck to protect the rider. As a result, a motor vehicle can collide directly with a motorcycle causing severe bodily injury to the motorcycle rider.
Motorcycle accidents can result in many types of traumatic injuries, and often, a motorcyclist will sustain numerous injuries from a single incident. The following are some examples of temporary or permanent injuries commonly stemming from motorcycle crashes:
- Skull fractures
- Traumatic brain injury (TBI), head injury, or brain damage
- Arm injuries including broken bones
- Nerve damage
- Leg injuries including torn muscles, tendons, or ligaments
- Serious neck and back injuries
- Internal hemorrhaging
- Internal organ damage and other internal injuries
- Spinal cord and spine injuries
- Loss of limbs
- Friction burns (“road rash”)
Any motorcycle injury can be catastrophic and have lifelong effects on an accident victim. For instance, a complete spinal cord injury can cause a victim to be paralyzed and lose all sensation in the body below the point of injury.
Likewise, a severe traumatic brain injury can cause a victim to be in a coma for a long time, lose their memory, and leave them with permanent cognitive, physical, and behavioral impairments. Many victims of such catastrophic injuries cannot work again and require long-term care.
In addition to the above, motorcyclists thrown forward from their bikes often hit the ground face-first. This can result in many facial injuries, including a broken jaw, broken cheekbones, broken nose, and serious damage to the teeth.
These injuries can often require surgery and can involve a painful recovery. For instance, a broken jaw must generally be wired shut for weeks, preventing the victim from eating or talking normally. Injuries to the face can also permanently disfigure a motorcyclist.
Understanding Financial Compensation Eligibility for a Motorcycle Accident in Florida
Motorcycle crash damages can include any accident-related losses, including wages, medical bills, pain and suffering, and other expenses incurred due to the accident.
Florida law provides several different ways that individuals can recover money for their injuries. Some of these methods include:
- Medical payments coverage under your auto insurance policy
- PIP benefits available through your personal automobile insurer
- Recoverable damages from third party sources, such as uninsured or underinsured automobile drivers
- Compensation from the at-fault driver's liability insurance carrier
In several states, including Florida, crash victims need to prove their injuries happened due to the reckless driving or negligence of another motorist to recover damages.
Determining if You Are Eligible for Damages
One factor that can affect whether you are eligible for damages is whether you were blamed for the crash. If you are found responsible for the accident, you will not be able to collect damages.
However, if the courts determine that someone else was solely responsible for the accident, you may still be entitled to a fair settlement.
For example, if you were riding your bike and an SUV pulled into your lane without warning, you might be able to file a claim against the SUV driver. You would likely be able to prove that the SUV driver didn't follow their duty of care to ensure the safety of other motorists.
In addition, your injury claim would be strengthened if you can prove the negligent driver was:
- Speeding.
- Texting and driving.
- Driving under the influence of alcohol or drugs.
- Eating or drinking
- Applying makeup.
- Changing lanes without signaling.
- Drifting out of a lane.
If you were injured in a motorcycle accident caused by another person's negligence, contact our Aventura motorcycle accident lawyers today for a free consultation.
What Compensation Can Be Recovered?
Recovering from motorcycle accident injuries can cost thousands of dollars when considering past and future medical costs and other expenses.
Ambulance transportation, medical bills for hospitalization, surgeries, rehabilitative care, and motorcycle repair bills can add up quickly. These bills, compounded with losing income if the injury causes someone to miss work, pain and suffering, emotional distress, and other losses, can often create life-long financial stress for many people.
Fortunately, for injured accident victims, the law allows them to seek fair compensation from at-fault parties. In addition, the family of a person who dies due to a motorcycle accident may be compensated after filing a wrongful death claim.
Our experienced motorcycle accident attorneys can assist you with recovering compensation for the following:
- Pain and suffering: If you aren't offered Personal Injury Protection (PIP) through your insurance provider, you can file a negligence claim to earn compensation for your accident-related pain and suffering. To determine your compensation amount, the court will consider factors, including your injuries and the duration and extent of your pain.
- Lost wages: If you were a motorcycle accident victim, you could claim financial compensation for lost wages due to accident-related injuries. You can also receive damages for the time you needed to take off work to recuperate.
- Past and future medical expenses: You can file for compensation for medical care, emergency visits, surgeries, hospital stays, and more if the motorcycle accident directly caused your injuries.
- Loss of consortium: If you're the surviving spouse of someone that lost their life in a motorcycle accident, you could be eligible for compensation for damages due to the loss of your companionship. Also, minor children could be awarded compensation if they lose the assistance, aid, society, services, and companionship of a parent due to their wrongful death. Likewise, parents who survive their children may be compensated for their loss of companionship, love, and affection due to their child's wrongful death.
- Emotional pain: You and your family could receive compensation for the mental anguish and emotional pain you faced following the incident. Emotional suffering includes feeling embarrassed, frightened, sad, nervous, and worried.
If your motorcycle was involved in an accident and you believe this may have been caused by a driver's negligent behavior, it is important to contact an experienced personal injury lawyer as soon as possible.
The Dolman Law Group has represented the rights of many injured traffic accident victims, including motorcyclists. We understand the risks that motorcyclists face, and we work to hold negligent parties liable for causing injuries. Please get in touch with our office for more information.
Who Caused Your Aventura, FL, Motorcycle Accident?
To hold someone liable for your injuries and losses following a motorcycle accident, you must identify which parties may be legally responsible. In motorcycle cases, this is often one of three types of parties: other motor vehicle drivers, government entities, or motorcycle manufacturers.
An experienced motorcycle accident attorney will negotiate with insurance companies and other parties on your behalf to ensure you receive a fair settlement.
Other Motor Vehicle Drivers
Drivers can collide with a motorcycle for many reasons, and it is often because the driver was negligently operating their vehicle. Unfortunately, distracted driving is one of the leading causes of motorcycle accidents.
Motorcycles are difficult to see on the road when a driver is paying full attention. However, when distracted drivers are texting or engaging in other activities, they can easily miss seeing a motorcyclist and crash into them.
Additional driver negligence forms include speeding, tailgating, aggressive driving, and drunk driving.
Government Entities
Government agencies in charge of maintaining roadways commonly neglect to take adequate care of the roads. While potholes, large pavement cracks, and other hazards can be dangerous for any vehicle, these are especially dangerous for motorcyclists and can cause them to crash.
Motorcycle Manufacturers
Companies that make and sell motorcycles sometimes fail to issue a safety recall and may sell a defective motorcycle with faulty parts. These parts may malfunction and cause a motorcyclist to lose control and crash suddenly. The company that sold the bad part may be held liable for all accident-related losses in such situations.
Litigating a motorcycle accident claim is contingent on the entity responsible for the accident, the seriousness of the motorcyclist's injuries, and other factors. Our law firm understands the unique legal issues that may arise in each type of case, and we are here to help after your motorcycle crash.
How Our Aventura Motorcycle Accident Attorneys Can Help You
Motorcycle accidents can leave victims with catastrophic injuries and can cause untold emotional, financial, and personal losses. At Dolman Law Group, we are committed to helping accident victims get the compensation they are entitled to and provide aggressive and practical legal advice and representation.
We will review the facts of your Aventura personal injury lawsuit at no cost and, should you have us represent you, won't collect legal fees until we recover accident-related damages from the at-fault party.
Call Dolman Law Group Accident Injury Lawyers, PA, or email us through our online contact form to schedule your free case evaluation with an experienced motorcycle accident lawyer today.
Dolman Law Group Accident Injury Lawyers, PA
PERSONAL INJURY LAWYERS
20803 Biscayne Boulevard Suite 101,
Aventura, FL 33180
(954) 302-7068
What Our Clients Have to Say:
“So happy I chose Dolman Law Group!!! My experience with the law firm right from the start was fast, friendly and understanding. I started treatment for my injury right away, and while I was focusing on getting better the firm was fighting for me. Incredibly happy with the outcome, thank you to Brent and the team for all the hard work and updates.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Chelsey Lambert
January 2019
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