Motorcycle Accident Lawyer Serving Lantana

Lantana Motorcycle Accident LawyersLantana is a quaint town nestled between Lake Worth and Boynton Beach, Florida with a growing population of over 10,000 residents that call Lantana home. Many of the residents use major highways such as I-95, the Florida Turnpike, and Federal Highway to commute to and from work and neighboring cities. According to a recent report by the Florida Highway Safety & Motor Vehicles, there were 9,122 motorcycle crashes in Palm Beach County and of that 502 resulted in fatalities or death.

Interestingly enough, most people have no idea of just how many accidents occur that involve motorcycles. If you were to ask a Lantana resident what they thought the actual number of motorcycle-related accidents was, they would be hard-pressed to give you an answer. However, there are motorcycle accident lawyers serving Lantana who could possibly give you a much better answer regarding those numbers and they are larger than most people realize.

Actually, there are several reasons why those numbers are high. First of all, the weather in Lantana is, overall, perfect for those who enjoy riding motorcycles. As a matter of fact, the weather in Lantana is such that many people ride motorcycles as their main source of transportation as opposed to just recreation. There’s lots of sunshine, which makes Lantana one of the most visited spots in the country for those who are looking to take a vacation or even a brief holiday. But with this, there is also a downside.

Imagine an area that attracts a large number of tourists every year. These newcomers to the area, of course, are not familiar with the streets and highways. They can use up a lot of their attention span trying to find various locations and attractions, instead of paying full attention to their driving. Since driving commands a great deal of attention to begin with, this can make for a potentially dangerous situation.

All of this can be seen in the various studies that have been made regarding highway accidents over the years. One example of this would be a study that was conducted in 2015 that placed the state of Florida at number one in the country when it came to motorcycle accident deaths! In fact, when it comes to roadway fatalities, motorcycle accidents account for almost 20% of these deaths in the state of Florida! There are definitely sobering numbers, to be sure.

When looking at all the issues (both physical and financial) that can come about due to the problems associated with a motorcycle accident, you can see why so many accident victims have sought the help of a motorcycle accident lawyer serving Lantana. If you or a loved one become injured in an accident involving a motorcycle, motor scooter or motorbike, call the personal injury accident attorneys at Frankl Kominsky.

Florida Statutes: Motorcycle Accidents in Palm Beach County

Since the Lantana area, and the rest of the state as well, experiences a large number of motorcycle accidents, it’s no surprise that the state has some pretty strict laws when it comes to riding motorcycles. As a matter of fact, so much thought has been given to this problem that lawmakers have come up with a number of unique motorcycle-riding laws that can only be found in this area of the country. When taking a look at some of the area’s statutes, we see:

  • Florida Statute 316.2085 (2) is a law that forbids motorcycle riders to perform certain dangerous “stunts” when riding their bikes. One of these stunts is known as a “wheelie”. This is where a cyclist will attempt to ride their motorcycles with one wheel off the ground. As you would expect, this stunt could easily go wrong and cause a devastating injury to the rider. Although this move is forbidden in order to show off, it doesn’t apply to situations in which the move is required in a situation in which an unexpected road hazard has suddenly popped up.
  • When someone decides that they want to ride a motorcycle in Lantana, they need to be certified by the state. This means that they must have either; a regular driver’s license with a motorcycle “endorsement” or a motorcycle-only license. These certifications, of course, carry their own set of qualifications.
  • You need to be at least 16 years old in order to operate a motorcycle. For those who are over 16 years old, but under 18, they cannot have any traffic violations on their record (for the previous one year period). A state-approved safety course must also be completed.
  • If someone has neither a motorcycle-only license or a motorcycle drivers license endorsement, they may not operate a motorcycle with an engine larger than 50cc on a public road.
  • For those riders who are under the age of 21, a state-approved motorcycle helmet is mandatory. For those who are over 21 and insist on riding a motorcycle without a helmet, must carry a medical insurance policy worth at least $10,000. This is designed to attempt to cover medical expenses that can be involved with a head injury from falling off a motorcycle. Unfortunately, $10,000 is usually not enough to cover those medical expenses and it’s also been shown that about one out of every 10 riders who are required to carry this insurance, fail to do so.
  • State-approved eye protection is required for all motorcycle riders.
Determining Fault in Motorcycle Crash

There can be some stigma which happens to go along with riding a motorcycle for transportation. Because of this, the typical Lantana resident is most likely to say that the motorcyclist is the one who is usually responsible for a motorcycle-related accident. However, this isn’t always the case. Interestingly enough, statistics show that the exact opposite is true. It can be the other vehicle who is usually the responsible party when it comes to a motorcycle-related accident. In addition, the reason for most motorcycle-related accidents will generally boil down to one predominant issue – negligence. In legal terms, this is called a “breach of a duty of care”. This pretty much means that someone didn’t do what they were supposed to do in order to keep the roads safe from driving accidents.

Some of the most common causes for 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

According to the law, 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.

Injuries Related to a Motorcycle Crash

Because of the lack of vehicle-related protection when riding a motorcycle, a number of catastrophic injuries can be sustained should an accident occur. If you can imagine being on a motorcycle and colliding with an 18-wheeler commercial truck, then you know what we’re talking about. However, even when a motorcyclist is in an accident with a regular passenger car, the rider(s) on the motorcycle are likely to be thrown off and either land on the ground or thrown into either a stationary or moving object. This can lead to either serious injuries or even a fatality. Some of the more common non-fatal injuries are:

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

In cases in which the accident ends in a death, there are other expenses:

  • Previous medical bills
  • Funeral home costs
  • Burial costs
  • Loss of emotional support (loss of consortium)
  • Loss of financial support
Motorcycle Laws in Florida

Additional motorcycle riding laws in Florida include the following:

  • 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)

After a Motorcycle Crash

Should you be the victim of a motorcycle accident, here are some suggestions of what you may choose to do:

Immediately after being in a motorcycle accident, you will most likely be confused and disoriented. Take a moment in order to calm yourself and then determine whether or not you’ve been seriously injured. Then look around to see if anyone else has been seriously injured (or are asking for help).

You will also want to make sure that the road is clear of any of the accident vehicles, so another accident won’t occur. Next, you should contact the Lantana Police Department and report the accident. While waiting for the police to arrive, you can exchange information with the other party (contact information, driver’s license number, insurance information, vehicle description). Also, if you can, try to take a number of photos of the accident scene and injuries, as well. Just don’t get in the way of the police, once they arrive. Also, make sure to get the contact information of any witnesses to the accident, as well.

Next, go straight to the hospital (or your own doctor) and get a complete medical examination. Make a follow up appointment, as well (in case an injury appears at a later time). Save a copy of the medical bill and doctor’s findings in a single location in your home. Remember to never accept any checks or sign anything from the other party’s lawyer or their insurance company without first speaking to a personal injury accident lawyer.

As soon as you can, get in touch with a motorcycle accident attorney and find out what immediate options are available. They can try to assist when it comes to pursuing compensation in order to pay for your accident-related financial expenses. There is no charge for the first appointment – so you have nothing to lose!

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Negligent and reckless behavior can result in a motorcycle accident which can cause severe injuries and even a fatality. This may occur in Lantana 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 severe injuries. 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 serving Lantana. Your initial appointment is free of charge.

How Frankl Kominsky Injury Lawyers Can Help

We can handle the insurance company while you recover from your injuries. Our legal team is dedicated in pursuing the compensation that you deserve.

Discuss your case with a Motorcycle Accident Personal Injury Attorney Serving Lantana Today! Turn to Frankl Kominsky for comprehensive legal guidance with 75 Million Recovered in Accident & Injury Settlements, 40+ Years Combined Legal Experience and over 6,000 clients and families represented. We offer superior client communication and are available to assist you with your motorcycle accident claim. Call 561-800-8000 or use our Contact Form to set up a free consultation.

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