Data from the National Highway Traffic Safety Administration (NHTSA) shows that Florida leads the country with the highest number of motorcycle fatalities. In 2016, 606 motorcyclists were killed in Florida, with 67 in Miami-Dade County alone. If you have been seriously injured motorcycle accident or you’re coping with the death of a loved one, Fischer Redavid PLLC can help. Contact us today to talk to speak to a dedicated Hollywood motorcycle accident attorney about the details of your case.
A motorcycle accident could involve catastrophic personal injuries, the loss of a loved one, thousands of dollars in medical expenses, lost wages, disabilities, and expensive property damage. Such serious losses could benefit from an attorney’s attention. Hiring a lawyer can help you identify the appropriate defendant, protect your rights, and seek fair recovery from the at-fault party or parties. Hiring a Hollywood motorcycle accident lawyer to represent you can lead to many different benefits.
Injured motorcyclists and their families should not have to deal with legal matters on top of serious personal injuries. Hiring an attorney can bring peace of mind and assurance in the legal process, while the victim concentrates on personal recovery. If you wish to maximize your odds of securing compensation for significant damages, hire a Hollywood motorcycle accident attorney from Fischer Redavid, PLLC.
Hollywood Motorcycle Accident Resources:
Motorcycles do not offer the same occupant protections as motor vehicles. Cars have hard metal shells, frames, airbags, and seatbelts to protect drivers and passengers from personal injuries in a collision. Motorcycles do not offer any of these protections. In a collision, the forces can throw the rider from the motorcycle, causing his or her body to strike the vehicle, the asphalt, or other objects. Typically, what the motorcyclist is wearing serves as the only form of injury protection in a crash.
Motorcyclists are also more vulnerable to environmental hazards than drivers in closed cars. Rain, wind, hail, and bugs can impede a motorcyclist’s vision and cause personal injuries. A road defect such as a pothole could be fatal for a motorcyclist, while a driver in a car could ride over it without issue. Roadway and weather conditions can compromise a motorcyclist’s safety much more than a regular motorist.
In 2016, 5,286 motorcyclists and their passengers passed away in U.S. traffic accidents. According to the National Highway Traffic Safety Administration, motorcyclists were 28 times more likely to suffer fatal injuries than passenger vehicle occupants in accidents in 2016. They are also more likely to suffer serious and catastrophic injuries. Although wearing a helmet, jacket, boots, and other rider gear can help prevent injuries, motorcyclists are still at greater risk of injury and death than those in cars.
Motorcyclists have very little protection from external forces in a vehicle collision. They have none of the safety precautions that other motorists have, such as the car’s frame and exterior, safety belts, and airbags. Therefore, motorcyclists are highly likely to suffer serious to catastrophic injuries in collisions. A motorcycle accident can easily send a rider flying from his or her motorcycle, causing damage upon the impact of the vehicles as well as from the rider hitting the ground. The most common injuries include:
Motorcycle accident victims can also experience traumatic tattooing, a condition in which friction burns and embedded gravel from sliding on asphalt cause permanent scarring. In Florida, motorcyclists do not have to wear helmets as long as they are over the age of 21 and carry at least $10,000 in medical insurance coverage. Wearing a helmet, however, can reduce your risk of head injuries by 67% and risk of death by 37%. Still, this means qualified motorcyclists are free to ride without helmets. Lack of helmet-wearing will not translate into liability for injuries in a Florida crash.
One of the biggest concerns for motorcyclists on Florida’s open roads is visibility. Motorcycles are smaller, narrower, and more agile than larger passenger cars. This makes them more difficult to spot. Drivers making sudden lane changes, poor visibility, bad weather, aggressive driving, speeding, and failing to yield the right-of-way are all common causes of motorcycle accidents in Florida. Roadway hazards such as potholes and construction zones also pose risks to motorcyclists.
Drivers making left-hand turns frequently cause Hollywood motorcycle wrecks. If a motorcycle is driving straight through an intersection and a car traveling in the opposite direction needs to make a turn, the driver must look carefully before entering the intersection. Otherwise, the driver may believe the road is clear when really a motorcycle is coming. These common right-of-way crashes can be fatal for motorcyclists, who crash into the broad side of the vehicle.
Always talk to a Hollywood motorcycle accident lawyer after an intersection crash to discuss liability. Florida is a no-fault insurance state, meaning victims of motorcycle accidents will have to seek recovery through their own insurance companies. Exceptions exist, however, for crashes that cause “serious injuries.” Our Hollywood motorcycle accident attorneys can help you find out if you have grounds to bring a personal injury claim against a driver, the city, a product manufacturer, and/or other parties after a wreck.
Riding a motorcycle in Florida requires a special operator’s license. The Florida Department of Motor Vehicles (DMV) requires riders to carry valid licenses with motorcycle endorsements. Getting this endorsement takes completing certain requirements. If you already have a Florida driver’s license, all you need is a motorcycle endorsement. Otherwise, you may qualify for a motorcycle-only operator’s license.
An endorsement will go on your regular driver’s license, as a sign that the state has approved you to operate a motorcycle. To receive this endorsement, you must pass a Basic Rider Course and pay the endorsement fee. The fee for a motorcycle endorsement in Florida is just $7. The Basic Rider Course is a training session that involves classroom instruction on how to ride and basic highway safety. You do not need to pass a riding test to qualify for an endorsement.
Obtaining a motorcycle-only license is different than an endorsement. You must be at least 16 years old. If you are under 18, you need a learner’s permit for at least one year, with no traffic infractions. You must then pass the knowledge test for a standard driver’s license and complete the Basic Rider Course. Then, provide proper identification and pay the endorsement fee to receive your Motorcycle Only license. You cannot operate a motor vehicle with this type of license.
Lane splitting, or lane filtering, is the practice of riding between two lanes of vehicles traveling in the same direction, on a highway with two or more lanes. It is a practice motorcyclists may engage in to save time and avoid getting stuck in traffic. The only state in which lane splitting is not illegal, however, is California. Florida Statutes Section 316.209 prohibits motorcyclists from splitting lanes. It states motorcyclists cannot operate their vehicles between lanes of traffic, or between adjacent rows of traffic. Doing so is punishable as a traffic violation.
Lane splitting is a controversial subject among motorcyclists and non-motorcyclists alike. The state of California is the first to remove the language in its motorcycle laws prohibiting riding between lanes. However, the state’s Department of Motor Vehicles removed its guidelines for lane splitting after receiving no official approved regulations from state lawmakers. People who support lane splitting say it keeps motorcyclists safer by helping to prevent rear-end collisions, and that it can help reduce congested traffic.
Those against lane splitting believe it could be dangerous for motorcyclists and other road users. Some say splitting lanes could put the motorcyclist at risk of drivers opening their doors or merging lanes on top of them. Others say the practice could startle nearby drivers into losing control of their vehicles or jerking their steering wheels. Debate on the subject has led to most lane splitting laws in other states to fail to pass. However, Florida may eventually join California in legalizing motorcycle lane splitting.
If you get into a motorcycle accident while unlawfully riding between lanes in Florida, you could face liability for damages. Since lane splitting is against the law in Florida, the other driver could have a negligence per se claim against you. Negligence per se states that the party is negligent for breaking the law, without the need for further proof of negligence. The fact that you broke the law and rode between lanes could be enough to prove your legal responsibility for the wreck.
Florida is a pure comparative negligence state. This could mean that even if you rode between lanes before an accident, you may still qualify for partial compensation. If the other driver bears some percentage of fault for the crash, such as for texting and driving or making an unsafe lane change, you could still be eligible for financial recovery. In a Florida motorcycle accident case, the courts will examine the evidence and assign a percentage of fault to the defendant and the plaintiff. Even if the courts find you 99% at fault for illegally lane splitting, you could receive 1% of a compensation award.
It’s essential to know your options for legal action if you or a loved one sustained injuries in a motorcycle accident in Hollywood. Contact a lawyer as soon as you suspect the negligence of another driver. Depending on the nature of your crash, your case could have multiple defendants. It’s vital to know how to prove negligence in a personal injury lawsuit – a task our experienced attorneys can assist you with.
The best step you can take toward winning a motorcycle accident lawsuit is hiring the right attorney. The attorneys at Fischer Redavid PLLC focus on results. Trust us to get to know you and your case to maximize your recovery. Contact us today to schedule a free consultation. Learn how our firm can help after a disastrous motorcycle accident in Hollywood, Florida.