Motorcycle Accident Lawyer Serving Fort Pierce
Located on the east coast of Florida, Fort Pierce is a city well known for its SEAL Museum, art museums, Botanical Gardens, and beach activities. With a population of over 46,000 people, Fort Pierce is an urban city with plenty of road traffic. With road traffic comes the possibility of accidents. According to the NHTSA, there were 590 motorcycle fatalities in Florida in 2017.
Motorcycle accidents can leave victims with personal injuries and property damage that may even lead to loss of life. If you've suffered in such an accident, you can pursue claims to obtain compensation for the damages incurred. Before you do so, you should know how these accidents are caused, what injuries they may lead to, and what damages you may be eligible to pursue.Motorcycle Accidents and Injury Claims
From reckless driving to motorcycle malfunction to unsafe roads, motorcycle accidents may occur due to a number of different reasons. If you have been impacted in such an accident, you may be able to file a claim for damages, but first you need to know who is at fault for the accident:Motorcycle Crashes Involving a Distracted Driver
According to the NHTSA, over 3,000 people killed in road accidents were caused by distracted driving in 2017. Distracted driving refers to any driver whose entire attention is not focused on the road. This includes riding a motorcycle hands-free, texting or calling while driving, adjusting a helmet while driving, and more.
Even though motorcyclists are legally prohibited from texting while driving, many fail to comply. Other drivers may be mentally distracted and may fail to notice other people or vehicles on the road until it is too late.Motorcycle accidents involving drivers who fail to obey traffic laws, fail to yield or stop at a traffic light or stop sign
Some motorcyclists believe that their vehicle is small enough to cross stop signs and red lights without getting caught or getting in the way of other drivers. This misjudgment can lead to fatal road accidents.
Failure to comply with road regulations includes ignoring traffic lights and signage, driving over the speed limit, and more. Basic traffic laws also include abiding by personal safety regulations, including wearing a helmet for motorcyclists, and so on.Hit & Run Motorcycle Crashes
1/5 highway accidents include motorcyclists. Road accidents, including those that involve motorcycles, can be fatal. It is illegal and immoral to leave the scene of the accident until law enforcement arrives. In fact, in Florida, it is a legal requirement for all those involved in the accident and for eyewitnesses to provide their personal contact information and statement.
Many motorcyclists and drivers leave the scene due to different reasons, including:
- Being under the influence of alcohol or drugs while driving
- Driving without a license
- Being unaware that an accident has occurred, etc.
These cases can be complicated, and you'll need the help of your attorney in locating the at-fault party.Motorcycle Accidents Involving Company Vehicles and Commercial Trucks
Many motorcycles get involved in accidents with large, commercial vehicles and trucks due to reasons including the following:
- Being in a truck's blind spot and getting into a crash
- Bearing the brunt of a truck rollover
- Being hit by a truck that has tire problems and is out of control, etc.
Many motorcycle accidents may not be the fault of any vehicle drivers on the road but the motorcycle manufacturer/supplier/mechanic. While all motorcyclists should always check their brakes, handles, and other key components to ensure that they're in working order, if the defect is beyond their control, an accident may occur.
If you have been involved in such an accident, you may file for claims against the at-fault party who may include the motorcycle manufacturer, parts supplier, or bike supplier.Most Common Causes for Motorcycle Accidents in Fort Pierce
Motorcycle accidents are caused due to a number of reasons, such as:1. Failing to follow posted speed limits
Over 30% of accidents involving motorcyclists are due to speeding. Many people opt for motorcycles because of their high speed, but this also makes the fatality rate of motorcycle crashes higher than with larger vehicles that operate at lower speeds.2. Neglecting to pay appropriate attention to other drivers
Neglecting to notice other vehicles on the road may be due to inexperience, being distracted while driving, or driving over the speed limit. Many riders, especially those who are young and inexperienced, tend to make it the responsibility of other drivers to keep an eye out for them.3. Driving under the influence
Another common cause of motorcycle accidents is being mentally impaired due to excessive alcohol or drug consumption. This is not only illegal but leads to fatal crashes, given the fact that motorcyclists need to maneuver their vehicles quite skillfully to keep it stable.4. Failure to see a motorcyclist changing or entering lanes
Many car drivers get involved in road accidents with motorcyclists that get caught in their blind spot. Car drivers may fail to notice the motorcycle as they change lanes or as the motorcycle enters a different lane and may crash before they notice the vehicle.5. Panic and stop in the motorcyclist's path
Tailgating is a common problem with most vehicles where sudden stops end up in accidents. Many cars get into rear-end accidents with motorcycles. While some of these are not fatal, in other cases, such as those involving high speed, the motorcyclist may be completely thrown off their vehicle.6. Failing to leave sufficient room between vehicles
There is no set limit of the amount of distance vehicles need to keep between each other. That being said, the distance between a motorcyclist and any other vehicle should be of at least a few seconds. This means that any sudden stops, lane changes, or turning at intersections will not end up in a fatal road accident.
Serious Injuries After a Motorcycle Accident
Motorcycle accidents leave the affected parties with serious injuries, including:1. Bone fractures
Due to the impact of road accidents, motorcyclists may be crushed by the weight of their own vehicle, flung in the air, etc. This may damage the bones in their arms, legs, hips, and so on. In some cases, surgery or bone grafting may be required.2. Severe head trauma
Motorcyclists under the age of 21 years must always wear a helmet because road accidents often lead to severe head trauma ranging from a slight concussion to permanent brain damage, paralysis, or even death. If you experience any symptoms like dizziness, etc. it is important to consult a doctor immediately.3. Spinal cord injuries
The spinal cord is very sensitive, and due to the force and trauma of a motorcycle accident, it may leave you with severe injuries, including lower-body paralysis. Many of those who suffer from spinal cord injuries end up being incapacitated permanently.4. Disfigurement
The impact of an accident can leave motorcyclists with a dislocated knee or hip joint, and so on. In such cases, emergency surgery is required for joint relocation. The disfigurement may also be on the surface, such as burned skin, and so on.5. Loss of Limbs
In some cases, the damage may be so severe, or a part of the body may be cut off completely, leading to amputation. Apart from leading to a permanent physical disability, such incidents also cause extreme emotional distress and mental injuries.Statutes of Limitations in Florida Motorcycle Accidents
In order to make a claim for damages if you have been affected by a motorcycle accident, you need to make sure that you file your lawsuit before the Florida Statute of Limitations runs out. These are the time limits within which your case will be considered by the court. Statutes relating to motorcycle accidents include:
- Parties affected in a motorcycle accident may file for damages against the at-fault party within 2 years of the accident.
- If the involved party dies due to the accident, their loved ones can make a claim for wrongful death within two years of the death of the victim (this may vary from the date of the accident).
- If the accident was caused by a defective motorcycle or part, then the victims may file against the seller/manufacturer, etc. within 2 years of the accident. If the victim dies due to the accident, it will become a wrongful death case with a 2-year limit.
- If the suit is for property damage, the party may do so within 2 years of the accident.
- If the affected party is suing the government for damaged roads or similar circumstances, they must do so within 2 years of the accident. However, there are specific requirements that must first be followed.
For guidance regarding Statute of Limitations for your accident claim, please contact the legal team at Frankl Kominsky Injury Lawyers.Florida Helmet Laws
The Florida Statutes helmet laws are meant to keep motorcyclists from sustaining fatal injuries in road accidents. These are:
- Motorcyclists must wear a protective helmet and eyewear before driving.
- Motorcyclists above the age of 21 years may drive without a helmet only if they have a set amount of insurance.
The claims you can make in a lawsuit involving a motorcycle accident may include the following:Medical Bills and related expenses
Injuries sustained in motorcycle accidents may result in a number of medical expenses. You may pursue compensation for emergency transport, care and treatment, the cost of tests including X-rays and CT scans, therapeutic treatment, prescription medication, and any future costs incurred due to injuries sustained in the accident. This applies to injuries that surface on the spot and after the accident.Current and future lost wages, and loss of earning capacity
Those affected in a motorcycle accident may end up losing their wages and future earning potential in different ways, such as:
- Needing time off to recover from their injuries and undergo treatment
- Sustaining injuries like brain damage or loss of limbs that may reduce or finish their earning potential
- Becoming permanently unemployable.
Motorcycle accidents leave their victims with more than just physical injuries- they can cause lifelong mental trauma and pain and loss in quality of life. This may lead to therapeutic treatment and ailments like depression, anxiety, etc.Repair or replacement of your vehicle
Motorcycles sustain immense damage in road accidents, especially if the accident involved a commercial vehicle or truck and was on a busy road. The victim may file for damages for either complete replacement of the vehicle or repairs.Loss of Consortium
A spouse of someone who was injured in a motorcycle accident may claim the loss of spousal companionship, services and comfort.Establishing Fault After a Motorcycle Crash in Fort Pierce
The legal team at Frankl Kominsky will assist you in determining who is at fault in your motorcycle accident case. Potential at-fault parties include other vehicle drivers, parts suppliers, manufacturers, or even a government entity.
If the accident was due to recklessness on the part of both you and the at-fault party, then it becomes a comparative negligence case.Steps To Take After a Motorcycle Accident
If you have been in a motorcycle accident, here are some suggested steps you may choose to follow:Scene of the Crash
If you have been in a motorcycle accident, the most important thing is to remain at the scene of the accident and call the police department and paramedics. Reach out to the Fort Pierce Police Department.
If you believe you may have sustained injuries, make sure to obtain medical care from a qualified medical professional. You may go to the emergency room or to your own physician. Lawnwood Medical Center in Fort Pierce has a 24-hour emergency service that can cater to your needs.
Take photos and videos of the accident scene, including all the vehicles involved, the condition of the road, any traffic lights or signage nearby, and your injuries.
If there were any eyewitnesses, take their personal information such as contact number, address, and so on.After the Crash
Once your injuries have been treated, and you are allowed to leave the hospital, make sure to collect all your medical bills and documents, including emergency care and discharge papers. Get a copy of the crash report and the driver's exchange of information.
Consult with an injury lawyer experienced in handling road accident cases. The lawyers at Frankl Kominsky Injury Lawyers are available to assist you with your claims for personal injury and property damage.
If you are contacted by an insurance agency on behalf of the at-fault party, do not give them a recorded statement or sign any documents without speaking with your attorney first.
How Frankl Kominsky Injury Lawyers Can Help
The injuries from motorcycle accidents and other road accident cases can last for long durations. Our lawyers will try to help you file your claim and access important evidence such as security camera footage from the scene, speak to your witnesses on your behalf and help you gather all the documentation that will help establish your claim. We will handle all communications and negotiations with the at-fault party and their insurance company.
Our legal team will assist you in determining who the at-fault party is and what claims you may pursue. We will fight for the fair and just compensation that you deserve.What Clients Are Saying
With rapid urbanization, road accidents are becoming more and more common over the years; car accidents, whether they are caused by negligent drivers, manufacturers, or faulty roads, can cause physical, mental, and property damage. In fact, fatal crashes can even lead to a loss of life. Whether you've sustained permanent injuries or lost someone you loved in a motorcycle accident, you can pursue compensation for your losses.
Frankl Kominsky Injury Lawyers provides you with a legal team that has over 40 years of combined legal experience and has helped its clients retrieve millions in both settlements and verdicts. We listen to our clients every step of the way and strive to provide excellent communication..
If you have suffered great losses due to an accident, you can take the first step and reach out to us for a free consultation at 772-800-8000 or contact us through our website.