Motorcycle Accident Lawyer Serving Jupiter

Jupiter Motorcycle Accident LawyersMost of us don’t really know just how many motorcycle accidents happen in our local area. If you were to ask a local Jupiter resident about the number of these types of accidents on their roadways, the number that they would give would probably be far less than the actual reality. One of the reasons for this might have to do with the fact that a Jupiter resident may take their extremely nice weather for granted. When considering the warm weather and sunny skies, Jupiter is a perfect place for motorcycle riders to enjoy their travel out on the roads. This can be true for both transportation and for recreation. But there is also a downside to this.

When taking into consideration the number of motorcycle riders in Jupiter, you will also discover that the number of motorcycle accidents is unusually high. This also holds true for the entire state of Florida. With a bit of research, you will find out that in 2015, for example, that the state was actually the # 1 area in the U.S. when it came to motorcycle accident deaths . As a matter of fact, motorcycle-related deaths made up about 19% of all the state’s traffic fatalities!

Because of the many problems that can come about due to a motorcycle crash, a motorcycle accident lawyer who serves Jupiter may well be your best option when it comes to helping you with all the legal details involved. If you or a loved one is injured in a motorcycle crash, contact the attorneys at Frankl Kominsky. Your initial consultation is free - so you have nothing to lose.

What are Some of The Legal Statutes That Apply to Motorcyclists in Jupiter?

As mentioned earlier, Jupiter (and the rest of the state) can be the site of an unusually high number of motorcycle accidents. Because of this, you can expect the state to have some very strict laws that apply to motorcycle riding. As a matter of fact, this state has certain motorcycle safety statutes that you won’t find anywhere else in the country. A few of these laws include:

  • According to Florida Statute 316.2085 (2), it is illegal to show off various “stunts” when riding a motorcycle. This includes performing a “wheelie”, in which one of motorcycle’s tires is lifted off the road while riding. Of course, this doesn’t apply to situations in which this action needs to be performed due to the need to avoid an obstacle on the road.
  • If you live in Jupiter and motorcycling is something you wish to engage in, then you would need to have a motorcycle “endorsement” on your standard driver’s license. This will mean that you need to follow various state requirements before this can be done.
  • For a motorcycle endorsement to be added to your driver’s license, you need to be at least 16 years old. If you are less than 18 years old, then you must not have any driving violations for the past year. You will also need to finish the state’s approved motorcycle safety program.
  • If you don’t have either a motorcycle only license or a motorcycle endorsement on your regular license, then you may not ride a motorcycle with a larger than 50cc engine on a public road.
  • A state-approved motorcycle helmet is required for all riders who are under 21 years of age. If you are over 21 and wish to ride without a helmet, then you are required to have medical insurance that has a minimum amount of $10,000 coverage. This is meant to account for any expenses related to head injuries that might occur from riding without a helmet. Even so, it’s been noted that 1 out 7 non-helmet riders don’t have this necessary insurance.
  • All motorcycle riders are required to wear eye protection.
Jupiter Motorcycle Accidents and Determining Fault

Ask a Jupiter resident as to who is usually responsible for a motorcycle accident – the motorcyclist or the other (car or truck) driver. The most common answer you’ll get is “the motorcycle rider”. But when you speak to a motorcycle accident lawyer who serves Jupiter, you might be surprised to find that the opposite is usually the case! The reason for this partly relies on the fact that most motor vehicle accidents come about for the same reason.

That reason has to do with negligence. When spoken about in legal terms, it is said that one of the motor vehicle operators has caused an accident to occur due to their “breach of a duty of care”. In other words, someone has failed to do what they were supposed to do when it comes to safe driving.

The person who is guilty of that “breach of duty” is normally required to compensate for damages that have resulted from the accident. Here, an experienced motorcycle accident attorney may be able to try to assist you in getting the compensation you deserve, in order to pay for any accident-related expenses.

Common causes of motorcycle accidents include the following:

  • 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
  • Driving under the influence
  • Misjudge 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
Attorney Ethan Kominsky: How is it determined who is responsible for causing a Florida motorcycle accident?
What Types of Injuries can Occur With a Motorcycle Accident?

Riding a motorcycle can be particularly dangerous when an accident occurs. The reason for this has to do with the lack of protection that usually surrounds a passenger vehicle or truck driver.

Since the person who is riding the motorcycle is usually thrown off their vehicle, the injuries that occur can be very serious and often life threatening. Here are some of the various types of injuries that happen in motorcycle accidents:

  • Bone fractures
  • Severe head trauma
  • Spinal cord injuries
  • Neck injuries
  • Brain damage
  • Disfigurement
  • Loss of limbs
  • Paralysis

If the accident should end in a fatality, there are other expenses to consider:

  • Expensive medical bills that piled up while the victim was still alive
  • The cost of funeral home services
  • All of the burial costs
  • Loss of financial support from the deceased family member, etc.
Florida’s Motorcycle Safety Statutes

As it’s already been said, Jupiter and the rest of the State of Florida has a number of motorcycle riding laws. 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)

Jupiter Motorcycle Crash? Steps to Protect Yourself

Getting into a motorcycle accident in Jupiter can be a very traumatic experience. However, there are some highly suggested steps that you can take in order to assist with your situation. So, let’s take a look at a typical motorcycle accident situation and see what can be done.

Let’s say that you were riding your motorcycle and, all of a sudden, you’re in an accident. What do you do?

Of course, the first thing that you would need to do is to see just how badly you’ve been injured. If you are able to get up and walk around, with no apparent serious injury, then you need to compose yourself and look over the accident scene.

If there is anyone who needs immediate assistance or is asking for assistance, then you would want to contact Emergency Medical Services. You will also want to ensure that there is no vehicle that is blocking the road and could cause an accident. Next, you should contact the Jupiter Police Department.

Then you should exchange information with the other driver – but without getting into an argument regarding the accident. This information should consist of; driver’s name, contact info, driver’s license number, a description of what vehicle they were driving, the license plate number and their insurance info.

If possible, try to take a number of photos of the accident scene (from different angles). Take photos of any injuries. You should also get the contact information of any of the accident witnesses, as well.

Afterwards, you should go straight to your local hospital emergency room (or your own doctor). Get a full examination and make a follow up appointment as well. The reason for this has to do with the fact that certain injuries may not show up until a day or so after the initial accident. Keep all medical bills and doctor’s reports in a single file in your home. Also, contact your insurance company, but never speak to the other driver’s insurance company or lawyer. You should also never accept any money from them or sign any documents or checks.

As soon as you can, get in touch with a motorcycle accident attorney for legal guidance regarding your motorcycle accident claim.There is no charge for the first appointment – so you have nothing to lose!

Contact an Experienced Personal Injury Lawyer to Protect Your Rights

Florida motorcycle accidents can result in severe injuries and even death. This can occur in Jupiter 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 a severe injury. If you or a loved one are involved in a Florida motorcycle accident, it is advised that you seek medical care and the advice of a motorcycle accident personal injury attorney. Your initial appointment is free of charge.

Also, in the case of the death of a loved one, discuss your case with a Motorcycle Accident Personal Injury Attorney Serving Jupiter Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.

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