Although motorcycles provide economical and efficient transportation through the city and plenty of fun on the weekends, motorbike crashes often have devastating consequences. Without any protection from impacts, riders are vulnerable to severe injuries.
Unfortunately, many drivers fail to notice motorcycles on the road, which leads to serious collisions. Other drivers simply do not respect motorcyclists’ rights to be on the road. Thankfully, in these situations, any driver whose negligence contributed to a crash is liable to compensate an injured biker.
A Miami Gardens motorcycle accident lawyer can help an injured rider understand their legal options for pursuing compensation. A Miami Gardens personal injury attorney like David Fuchs can help a plaintiff determine the best path forward.
What Usually Causes Motorcycle Accidents?
Most motorbike accidents are caused by recklessness, carelessness, or negligence. In the legal sense, negligence means not using a reasonable degree of care to avoid harm to others.
Motorcycle crashes often result from drivers’ failure to take reasonable care. These accidents could happen if a driver does not see an oncoming motorcycle while turning or if they open their door into a biker’s path. Drivers also might cut off motorcycles when changing lanes or fail to give a motorcyclist the space they deserve on a busy road. Distracted or impaired driving also leads to many preventable crashes. All of these examples involve negligent behavior, so they might entitle a plaintiff to pursue financial compensation.
A Miami Gardens attorney can review any relevant police reports, witness statements, surveillance videos, and physical evidence to identify potentially negligent conduct. They can then use this evidence to strengthen a motorcycle accident claim.
Comparative Negligence and Motorcycle Traffic Laws
During the process of filing a motorcycle accident claim, it is crucial to understand how a court might assign blame. State law follows the rule of pure comparative negligence, meaning each party to an accident is responsible for their role in it. If a motorcyclist’s own negligence played a role in a collision, they can likely still seek damages from other negligent parties, but their compensation might be limited by how much they were involved in the crash. For instance, a motorcyclist who was violating traffic laws will almost always be at least partially responsible for a wreck.
What Are Some Motorcycle Specific Traffic Laws?
According to Florida Statute §316.209, motorcycles can occupy a full lane or ride two abreast. However, motorcycles cannot pass a vehicle in the same lane. They also may not ride on the line between lanes of traffic, a practice called lane splitting. A rider who passes unsafely in any of these ways is negligent and could be partially liable for an accident.
Meanwhile, state law does not require adult motorcyclists to wear a helmet. Riders can decide not to wear any head protection but failing to wear a helmet might reduce one’s chance of collecting compensation in the event of a crash. For instance, if a helmetless rider suffers head or facial injuries in a collision, the other parties could claim that the motorcyclist’s failure to wear a helmet worsened their injuries.
While allegations of comparative fault for a motorcycle accident can be frustrating and challenging to handle alone, a tenacious Miami Gardens lawyer like David Fuchs can help with protecting one’s integrity and right to compensation after a crash.
How Does Insurance Work in Motorcycle Accident Claims?
There are a few important things to understand about insurance policies in motorcycle accident cases. First, all motorcyclists must carry bodily injury insurance in case they hurt someone else. Second, motorcycle riders who choose not to wear a helmet must have at least $10,000 in medical insurance coverage, but they do not need the personal injury protection (PIP) that automobile drivers need to purchase.
It is also key to realize that if a motorbike rider suffers significant injuries in a crash, their insurance is will likely not cover their medical expenses and lost wages. Instead, they usually need turn to the at-fault driver’s insurance company for compensation. Through a claim, a motorcyclist could pursue compensation for their medical expenses and lost income. In many cases, an injured motorcycle rider could also receive compensation for their pain and suffering.
Unfortunately, insurers often strenuously resist paying damages to motorcyclists. They might contend that the motorbike rider is responsible for the crash, even when clear evidence indicates otherwise. An injured Miami Gardens motorcyclist needs an experienced attorney like David Fuchs to fight for their right to compensation after a collision.
Call a Miami Gardens Motorcycle Accident Attorney about Your Claim
Motorcycle accident injuries are often severe, and you need time and rest while you recover. You should not have to worry about civil claims or legal processes while recovering, so leave the business of pursuing your insurance claim and seeking compensation to a legal professional like David Fuchs.
A Miami Gardens motorcycle accident lawyer has years of experience representing people in need. Our legal team understands the issues that arise and how to present your case to get the maximum compensation possible under the circumstances. Call today to schedule a case review.