Motorcycle Accident Lawyer Serving Fort Lauderdale
Fort Lauderdale, Florida is home to the county seat of Broward County and is a popular tourist location due to its average year-round temperature of 75.5 °F (24.2 °C) and its 3,000 hours of sunshine each year. Its hotels with almost 36,000 hotel rooms accommodated over 13 million overnight visitors in 2018 that enjoyed both daytime activities and nightlife entertainment. The Fort Lauderdale Swap Shop features the world’s largest drive-in-theater with 13 screens and Las Olas Boulevard, located near the beach, is a popular tourist shopping location. However, due to the pleasant weather, there are also a large number of serious injuries from motorcycle accidents, as well.
That’s because whenever you have large numbers of tourists you also have the possibility of a higher than average number of vehicular accidents, as well. This can result from a number of different factors. For example, tourists tend to be unfamiliar with the layout of a city and can be seen constantly looking around for their intended destinations. This can set up a situation in which a driver is paying more attention to their location and less attention to the road and surrounding traffic. You may also see them having conversations with the other passengers in the vehicles and maybe even trying to use a cell phone and/or GPS. And, of course, you also have those tourists (and locals) who try to drive home from a night’s entertainment while they are intoxicated.
Unfortunately, these people may not always be aware of those who are travelling by motorcycle and, as such, can cause catastrophic accidents when a passenger vehicle (or truck) collides with one on the roadway. The local hospital emergency rooms see a number of these accident victims, with motorcycle riders displaying some of the worst injuries along with a higher than average number of motor vehicle fatalities.
In fact, the National Highway Traffic Safety Administration (NHTSA) has indicated that motorcyclists are over 27 times more likely to die in a vehicle accident. If you have been the victim of a motorcycle accident caused by a negligent driver, a Fort Lauderdale personal injury attorney may be able to assist you in obtaining the necessary compensation needed in order to cover the expenses associated with a motorcycle accident.Determining Fault in Fort Lauderdale Motorcycle Accidents
Within our society (media, etc.) motorcycle riders are portrayed as less than upstanding citizens. Because of this, when people think about motorcycle riders, the first images that may pop into their minds are those people who wear leather jackets, sport beards and occasionally operate on the fringes when it comes to the law. As a result, many people assume that when it comes to a motorcycle accident, the guilty party is usually the motorcycle rider. But just the opposite is true!
When observing the actual motorcycle accident statistics, a completely different story emerges. Generally speaking, it’s the other vehicle driver, and not the motorcyclist, who is usually responsible for an accident. When looking at the actual reasons for this, one can see that it usually relates to the same thing that any other vehicle-type accident is subject to – negligence. This means that at some point, a vehicle operator has neglected to adhere to the laws that have been instituted in order to make the roads safe for all motorists.Most Common Causes for a Motorcycle Accident in Broward County
- Swerving in front of a cyclist
- Cutting off motorcyclists at intersections
- Failing to follow posted speed limits
- Failing to yield when appropriate
- Failing to leave sufficient room between vehicles
- Failure to see a motorcyclist changing or entering lanes
- Neglecting to pay appropriate attention to other drivers
- DUI or Driving under the influence
- Misjudging the motorcyclist’s speed or distance
- Fail to see the motorcyclist
- Panic and stop in the motorcyclist’s path
- Rely on the judgment of another driver, who also fails to see the motorcyclist
Due to the lack of protection that an enclosed car or truck may afford, those who are riding motorcycles may be subject to far more severe injuries than drivers of other types of vehicles. In many cases, these injuries can lead to permanent disabilities or, at the very least, involve injuries that can take several months or even years to heal. Common injuries from motorcycle accidents include:
- Injuries to the neck and back
- Loss of limbs (arms, legs)
- Temporary or permanent paralysis
- Brain trauma
- Burns and disfigurement
- Fractured bones
- Spinal cord damage
- Severe head injuries
- Muscle tears and torn ligaments
The at-fault party may be responsible for the compensation of any damages associated with a vehicular accident. This may include items such as: medical costs, damaged property, lost wages and other associated expenses. For assistance with your motorcycle accident claim, contact the dedicated attorneys at Frankl Kominsky.Damages You Can Claim For in a Motorcycle Crash in Broward County
When filing a claim for personal injuries from a motorcycle accident, you can pursue the following damages:
- Vehicle or home modifications to accommodate a disability
- Loss of earning capacity
- Mental anguish
- Pain and Suffering
- Loss of Consortium - losing a spouse, parent or child in the case of wrongful death
- Medical expenses
- Repair or replacement of your vehicle
- Other accident-related expenses
- Therapy and rehabilitation
- Current and future lost wages
In the case of a fatality associated with a motorcycle accident, the deceased’s loved ones may decide to consult with a motorcycle crash lawyer in order to file a wrongful death claim against the driver who is at-fault.
Florida statute 768.19 defines wrongful death as a fatality that has occurred because of the wrongful act or negligence of the party at-fault.Florida - Statute of Limitations
It should be noted that Florida has a Statute of Limitations that pertains to motorcycle accident injury claims. For personal injuries, you have 4 years, from the time of the accident, in order to file your lawsuit. In the case of a fatality, the deceased’s estate has just 2 years, from the time of death, in order to file a lawsuit for wrongful death. Failure to adhere to these time restrictions will likely result in the court dismissing your lawsuit. Contact an experienced motorcycle accident attorney for further guidance.Florida statutes: Motorcycle Accidents in Fort Lauderdale
What Are some of the Laws That Pertain to Motorcycle Safety in Fort Lauderdale?
These laws include:
- No individual shall operate a motorcycle with a helmet that is equipped with a headphone, headset or other form of listening device other than a hearing aid. section 316.304(1)
- According to section 316.304(2), this does not apply to;
- Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds.
- Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
- Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
- Every motorcycle shall be equipped with at least one stop lamp. section 316.420
- Every motorcycle shall be equipped with multiple-beam road lighting equipment. section 316.430(1)
- Such equipment shall: Reveal persons and vehicles at a distance of at least 300 feet ahead when the uppermost distribution of light is selected; section 316.430(2)(a)
- Reveal persons and vehicles at a distance of at least 150 feet ahead when the lowermost distribution of light is selected. section 316.430(2)(b)
- All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. section 316.209(1)
- A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule. section 316.211(1)
Should you become involved in a motorcycle accident, there are several suggested steps that you may choose to take. These suggestions include:
- The first thing that you need to do is to determine whether you (or someone else) have been seriously injured.
- Immediately contact the Fort Lauderdale Police Department. They can dispatch an investigating officer to the scene in order to make a report. You may want to take some photos of the accident scene, vehicles and any related injuries, as well. Just make sure that you don’t get in the way of any investigating officer(s).
- You should also exchange information with the other driver/rider. It’s Important that you do so in a calm manner without assigning any blame for the accident. This information should include; name and contact address/telephone number, driver’s license number, license plate number, vehicle registration information and vehicle make/model.
- You should also try and get the name and contact number of any witnesses to the accident.
- If you are able to travel, your next step should be making your way to the nearest hospital emergency room or to your own doctor. There, you need to get a full checkup and obtain a copy of the medical bill and doctor’s findings. Keep all of your accident information in one location, for easy reference. You should also make a follow up appointment in order to check for any other physical damages that may have been overlooked during your first appointment.
- Never accept any money or sign any checks that the other driver’s insurance company or attorney may offer you without first speaking to an experienced motorcycle accident attorney. It is possible that the funds that may be offered will not be nearly sufficient to take care of your damages. This is especially true in cases in which you may have lost income from being away from your job.
- Most importantly, should you wish to pursue compensation for your accident related injuries, then you should make an appointment with a motorcycle accident attorney serving Fort Lauderdale. The first consultation that you set up will be completely free of charge. Therefore, you really have nothing to lose and you may get some highly valuable professional advice when it comes to being able to cover your accident-related expenses.
When it comes to being involved in a motorcycle accident there are a number of items that need to be handled as you are trying to recover. This can easily become an overwhelming situation for someone dealing with severe injuries or possibly a fatality.
At Frankl Kominsky, we pride ourselves on offering our clients diligent legal representation along with exceptional client support. The legal team at Frankl Kominsky are dedicated when it comes to obtaining the compensation that you rightfully deserve.
- Over $100 Million in Accident & Injury Settlements
- Stay Informed with Fast Response Times - Routine Calls and Emails
- No Fee Unless We Recover
- Over 40 Years of Combined Legal Experience
- Over 600 Verified Client Reviews
Your first consultation with a Frankl Kominsky motorcycle accident attorney is absolutely free. So there’s nothing to lose! Schedule your initial consultation today.
If you or a loved one are injured in a motorcycle accident due to someone else’s negligence, discuss your case with a Motorcycle Accident Attorney Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-701-9992 or use our Contact Form to set up a free consultation.