Boynton Beach Motorcycle Accident Lawyer
Those who routinely ride on a motorcycle will tell you that there is no other form of transportation that can match it for a sense of freedom and excitement. It also shows others that you have a soul for adventure and that you’re not just “one of the crowd”. This is partly the reason why you see motorcyclists nod to each other when they’re traveling on the Boynton Beach highways. However, you may also be interested to know that riding a motorcycle in Boynton Beach is also a potential invitation to serious motorcycle crash injuries. The statistics for motorcycle-related accidents are definitely eye-opening and a cause for concern.Motorcycle Accident Statistics
According to the Florida Department of Highway Safety and Motorcycle Vehicles, in 2016, there were:
- 1,325 motorcycle accidents that didn’t involve injuries
- 2,098 motorcycle accidents that involved possible injuries
- 3,855 motorcycle accidents that involved injuries that were non-incapacitating
- 2,303 motorcycle accidents that involved injuries that were capacitating
But even more distressing is the fact that in 2016, Florida had 5,286 motorcyclists that were killed in motorcycle accidents. That amounted to an increase of 5.1 % from the previous year. This placed Florida at number 2 for the state with the highest number of motorcycle accident deaths (just behind Texas) and 80 more deaths than the state with the third greatest number of motorcycle fatalities! Indeed, motorcycle fatalities account for one-fifth of all motor vehicle deaths in the state.
While there are many motorcyclists that choose to wear a helmet in order to provide safety for themselves and their passengers, not all of them do. In Boynton Beach (and the entire state), it’s required that all motorcyclists under the age of 21 wear a helmet. If the over 21 motorcyclist chooses not to wear a helmet, then it’s mandated that they carry at least $10,000 of insurance, in case of an accident. This is according to Statute 316. 211. Sadly, though, it has been reported that only one in seven motorcycle riders wear helmets with one in five riders carrying no insurance at all. While it’s been mentioned that riders without helmets must carry $10,000 worth of insurance, the average cost for a motorcycle fatality is about $1.48 million.Who Is Responsible For Your Motorcycle Crash
Just like all other types of motorists, motorcycle drivers are expected to follow the rules of the road that apply to everyone who is driving. But, one of the common problems that face motorcyclists is that according to the law, they are allowed (and required) to have the full lane for themselves, without trying to ride abreast of each other. But this is something that a lot of drivers of other vehicles tend to ignore.
When a motorcyclist becomes involved in an accident, they still have to show that they followed the mandated duty of care. When filing a lawsuit against the other vehicle driver, they need to show that the other driver was the cause of the accident through their careless and negligent actions. As such, the standard four items that need to be shown in order to bring a successful lawsuit against another driver are:
- The defendant owed a duty of care to the victim
- That duty of care was breached by the defendant
- Due to that breach, the plaintiff received injuries
- Those injuries resulted in damages
For example, a car driver can breach their duty of care by making an illegal lane change that ignored the allotted lane space occupied by a motorcyclist. As a result of this reckless action, the car driver’s actions resulted in a crash that involved them and the motorcycle. As a result of the accident, the motorcyclist sustained injuries and those injuries resulted in hospital care and lost wages. This situation meets the criteria that would allow the motorcyclist to bring a lawsuit against the car driver.Motorcycle Accidents & Injuries Caused by Road Conditions
There are also situations in which a dangerous road condition was responsible for a motorcycle accident. If a dangerous Boynton Beach road was the cause of your motorcycle accident, then it’s suggested that photos are taken of the accident scene and an accident report is filled out that illustrates as many of the details of the accident as possible.
Other dangerous road conditions that are common in Boynton Beach involve rain. This can turn normally safe roads into ones that feature slippery surfaces that may result in motorcycle skids. This is also why it’s important to ensure that your motorcycle tires are not worn, in order to maintain maximum traction when riding on potentially slippery roads.Boynton Beach Motorcycle Laws
The state has enacted a number of statutes that address the safety of motor vehicles on the Boynton Beach highways and roads. Some of these include:
- When a motorcycle accident has occurred, an immediate notice should be given to the police department, so that they can start their investigation. This also includes coroners who have determined that a fatality was caused by a motorcycle crash. (Statute 316.065)
- The duty to provide information after an accident and to render possible aid, if necessary. Upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person. (Statute 316.062)
- Proper turn signals must be used, in order to let other motorists know the intention of drivers when it comes to turning directions. (Statute 316.156)
After someone has been involved in a motorcycle accident, one of the first questions that may arise has to do with the possibility of damages being awarded in a motorcycle accident claim. The answers to these questions have to do with several factors that may, at times become confusing. This is precisely the reason why it is suggested that a motorcycle accident victim seek the advice of a personal injury motorcycle accident attorney as soon as possible. The initial consultation is free.
Damages You Can Claim For After A Motorcycle Accident in Boynton Beach, Florida:
- Out-of-pocket expenses related to the motorcycle crash
- Medical Expenses and Bills related to your crash
- Property Damage to your motorcycle
- Loss of earning potential
- Lost Wages and benefits
- Loss of the enjoyment of life
- Emotional/psychological distress
- Lost of a partner’s relationship (loss of consortium)
- Pain and Suffering including Mental anguish
These damages account for both economic and non-economic damages. However, there are also punitive damages that may be awarded. For punitive damages to be considered, it should be shown that the defendant acted in a manner which illustrated that they were; malicious, intentionally reckless and/or wanton.
It is also suggested that if you plan to file a lawsuit, that it should be done as soon as possible. That’s because the statute of limitations for a Boynton Beach personal injury case is four years from the time of the accident. In cases that involve a fatality, a wrongful death lawsuit statute of limitations is two years. In addition, the more time that passes, the more difficult it can be when locating your witnesses. There may also need to be an investigation regarding road conditions, if these played a part in your accident.Boynton Motorcycle Crash: How To Protect Yourself After An Accident
When it comes to being involved in a Boynton Beach motorcycle accident and dealing with motorcycle crash injuries, there are several things that you should try to do:
- Make sure that everyone is okay and try to assist in getting any damaged vehicles off the road and out of the way of oncoming traffic.
- Never leave the scene of the accident until you are either allowed to do so by the police or they’re carted you away in an ambulance. This will give you the opportunity to file a police report and avoiding a potential hit and run charge.
- Obtain information, such as the other driver’s; name, address, driver’s license number, insurance information, license plate number along with the make and model of their vehicle. You should also gather information regarding any witnesses to the accident, as well. Take down details associated with your accident and take photos from different angles, if possible. It you are too injured or dazed to do these things, have someone else do them for you.
- Don’t chat with anyone else on the scene or assign any blame for the accident nor make any apologies. Refrain from saying anything that is unnecessary, since it could be used against you at a later date.
- Get checked out immediately at the local hospital or by your own physician. This is very important to do right away, even if you feel fine. The primary reason for this is the fact that many injuries won’t show up until well after the accident – even days later. This is especially true for injuries like whiplash and smaller bone fractures. If an injury is ignored and untreated, it could evolve into a far more serious injury that may even be life threatening. For example, a minor spinal fracture can, over time, develop into a debilitating condition that could permanently limit mobility or even be fatal. It’s also important to closely follow your medical assessment and treatment on a regular basis. This is because a gap in between later injury treatment and the initial medical visit, right after the accident, might indicate a lack of connection of your injury to the accident, when it comes to the insurance company’s judgment.
- Always keep track of everything that has to do with your accident. It’s also better that all photos and documents (medical bills, etc.) be kept in the same location as a separate file. This may be helpful later on, if you need to produce some type of accident-related evidence.
Deaths and injuries from negligent driving decisions can be the result of catastrophic motorcycle crashes, which may occur in Boynton Beach at any given time. In addition, it’s important to understand that while high speeds are often a factor, there are also many times when this isn’t the situation. There have been a number of cases in which a very low speed motorcycle crash has resulted in an injury that eventually led to a person’s death. The injuries involved may include brain damage and various internal organ injuries. Therefore, even if you are involved in a motorcycle crash that occurred at any speed, it is advised that you seek medical care and the advice of a motorcycle accident personal injury attorney.
Seeking the advice of a personal injury attorney, who can try to assist in receiving the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Boynton Beach motorcycle accident, contact a Florida personal injury attorney.
Discuss your case with a Motorcycle Accident Personal Injury Attorney Serving Boynton Beach Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.