Can You Recover Damages for Your Motorcycle Accident?
Miami Motorcycle Accident Lawyer News: Statistically speaking, motorcycle riders are far more likely to be injured in a traffic accident than are drivers of other passenger vehicles. Federal statistics show that in 2013, motorcycles made up only 3 percent of all registered vehicles and traveled less than 1 percent of all vehicle road miles that year, but motorcyclists were 26 times more likely to die in a traffic accident per vehicle mile driven as compared to passenger car occupants, and nearly 5 times more likely to be injured. Motorcyclists accounted for 14 percent of all traffic deaths in 2013, 18 percent of all traffic deaths for drivers and passengers combined, as well as 4 percent of driver injuries and 4 percent of all passenger injuries.
Given the much higher odds of being killed or injured in a traffic accident, it would seem almost criminal if motorcyclists and their passengers were unable to recover damages for their injuries in a crash caused by another driver. Fortunately for Miami area motorcyclists, this is not the case. Just like any other motorist or vehicle passenger in Florida, motorcyclists and their passengers who are injured through the fault of another driver are entitled to compensation.
Motorcyclists Have Every Right to Compensation for Their Traffic Accident Injuries
Under Florida law, motorcyclists are no different than any other drivers or passengers injured in a traffic accident. If they can show the accident was caused by the negligence of another person, they can recover damages from that person. Under Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be used by a reasonable person in the same or similar circumstances. Common examples of motorist negligence include
- Distracted driving
- Following too closely
- Failing to use headlights at night or in poor weather
- Impaired driving
- Failure to yield
- Driving on the wrong side of the road
- Violating traffic laws
People injured in motorcycle accidents remain subject to Florida’s contributory negligence laws, meaning their recovery can be reduced by the percentage a judge or jury finds them to be at fault for an accident or for their injuries – such as not wearing a helmet – but they still can recover damages.
What are the Most Common Injuries in Motorcycle Accidents?
Given the severity of injuries motorcyclists can suffer, being able to recover compensation is vitally important. Federal studies show that motorcyclists often suffer traumatic brain injuries, even when they wear a helmet. Such injuries are the most common cause of motorcyclist traffic deaths but rank only third among the top three non-fatal injuries, which are:
- Lower-extremity injuries
- Upper-extremity injuries
- Head injuries
These injuries can be serious and debilitating, resulting in expensive medical treatment. TBIs can require intensive long-term, even life-long, care. For this reason, it’s critical that motorcycle accident victims do everything they can to recover compensation, starting with retaining an experienced accident lawyer.
If You Are Hurt in a Motorcycle Accident, Contact a Miami Personal Injury Attorney
If you have been involved in a motorcycle accident in the Miami area, you should consult with a Miami personal injury attorney to explore your options for recovering damages. It could be crucial to your recovery and future health. Contact Flagler Personal Injury Group at (305) 424-8445 or through our online contact form. Flagler Personal Injury Group serves the greater Miami area.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Personal Injury Attorney.