Motorcycle Accident Lawyer Serving Palm Beach Gardens
The thriving city of Palm Beach Gardens is located in Palm Beach County, which was named one of the wealthiest counties in Florida. The upcoming city is home to more than 56,000 residents including many professional Golfers and Major League Baseball Players. Which is not surprising since the community hosts major events such as the Honda Classic and the PGA National Golf Club.
Major highways such as Federal Highway, Florida’s Turnpike, and I-95 provide motorcyclists with quick and easy access to neighboring cities like Jupiter, Riviera Beach, and West Palm Beach. However, as the resident population continues to grow, the Florida Highway Safety and Motor Vehicles has reported an increase in traffic accidents including motorcyclists, bicyclists and pedestrians, some of which resulted in fatalities.
Most people have little knowledge regarding the number of motorcycle accidents that happen near where they live. For example, if you happened to ask a Palm Beach Gardens resident about the number of motorcycle crashes in their area, you could probably expect a number that is quite a bit less than the actual one. One possible reason for this may have to do with the fact that there are far more motorcycle riders in the Palm Beach Gardens’ area due to the pleasant weather conditions. This provides an opportunity for motorcyclists to use their vehicles on a regular basis for both recreation and daily transportation.
The number of motorcycle accident deaths are unusually high in the state of Florida. For example, when we look at the numbers, we can see that in 2015, Florida was #1 in the United States when it came to motorcycle accident deaths! It’s also important to note that motorcycle accident fatalities actually made up nearly 20% of all traffic deaths in the state.
If you or a loved one become injured in a motorcycle accident, consult with a motorcycle accident lawyer serving Palm Beach Gardens for guidance on how to proceed with your motorcycle injury claim. An experienced motorcycle accident lawyer may help when it comes to recovering the compensation that is needed in order to pay for medical costs and other accident related expenses.What are Some of the Laws That Apply to Palm Beach Gardens’ Motorcycle Riders?
When one considers the unusually high number of motorcycle accidents that occur in Palm Beach Gardens, you would expect to find a number of strict laws regarding motorcycle riding. This is true throughout the state of Florida and the state even has certain motorcycle riding laws that are not found in any other part of the United States.
These laws include:
- Florida Statute 316.2085 (2) states that a motorcycle rider may not perform different stunts that could turn out to be dangerous to the rider and those nearby, One of these stunts is known as a “wheelie”, in which one of the motorcycle’s tires is caused to be lifted from the ground while the motorcycle is being ridden. Of course, this action will seriously compromise the amount of control that the rider has and can thus cause a serious accident. However, this law doesn’t apply to situations in which such an action is necessary in order to deal with an unexpected road obstacle.
- For those in Palm Beach Gardens who have a standard driver’s license, a “motorcycle endorsement” is needed on their license if they wish to drive a motorcycle. Here, you will need to be at least 16 years old with no driving violations during the past year, if you are less than 18 years old. You’ll also need to complete a state-approved motorcycle safety class.
- For those who don’t have a motorcycle-only license or a regular license with a motorcycle endorsement, it is forbidden to ride a motorcycle, on a public road, with an engine that is bigger than 50cc.
- For those riders who are under 21 years of age, a state-approved motorcycle helmet is required to be worn when riding. For riders who are over 21 years old and don’t want to wear a helmet, a medical insurance policy is required and it must have a minimum of $10,000 coverage. While this law is designed to address potential head injuries from motorcycle accidents, it has been noted that around 1 out of 7 riders who don’t wear a helmet also don’t possess the required insurance coverage.
- All motorcycle riders are legally required to wear eye protection.
If you were to ask a typical Palm Beach Gardens resident who they thought was usually responsible for a motorcycle accident, the motorcyclist or the other driver, they would usually respond that it was the motorcyclist. Yet, this isn’t always the case.
If you speak to a motorcycle accident lawyer, the answer that you possibly may get is that the opposite is actually true! In reality, the most common cause of any type of vehicle accident is negligence. In legal terms, this means that there was a “breach of a duty of care”. This translates into a situation in which someone has failed to do something that they were supposed to do. In this case, the action(s) required have to do with making sure that one’s driving actions create a safe motorist environment.
When someone is guilty of a “breach of duty” and their action(s) have resulted in an accident, they may be held responsible for the damages caused by the accident. An experienced motorcycle accident injury attorney will be dedicated to trying to help you receive the compensation that is needed in order to pay for your accident-related expenses.Top Causes for Motorcycle Accidents in Palm Beach County
- Swerving in front of a motorcyclist
- 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
Ask A Florida Motorcycle Lawyer: How is it determined who is responsible for causing a Florida motorcycle accident?What Types of Injuries can Occur in a Motorcycle Crash?
If one is involved in a motorcycle accident, the results can be particularly devastating when compared to those travelling in larger vehicles. That’s because there is very little physical protection for the rider(s) in comparison to truck drivers and those in a passenger vehicle. Those who are involved in a motorcycle accident are usually thrown off the motorcycle and this may easily lead to catastrophic injuries and fatalities. Common types of motorcycle accident injuries are:
- Neck injuries
- Back injuries
- Bone fractures
- Severe head trauma
- Spinal cord injuries
- Traumatic brain injury
- Loss of limbs
In the case of a fatality, there may be additional expenses which often include:
- Medical bills that accumulated while the victim was still alive
- Funeral home services
- Burial costs
- Loss of financial support from a deceased family member
As it’s already been said, Palm Beach Gardens has a number of (occasionally unique) motorcycle riding statutes. These 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 . 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)What to Do After a Motorcycle Accident in Palm Beach County
Finding yourself as a victim of a Palm Beach Gardens motorcycle accident can be an extremely traumatizing experience. For one thing, the chances are that you have been thrown off the motorcycle for a distance. This can be far more disorienting than if you were still inside a car. However, there are some actions that you can take, if you haven’t been too injured, that might help the situation a bit.Report the Motorcycle Crash to the Local Authorities
Here are some suggestions on what you may choose to do: The very first thing is to assess your injuries and those involved in the crash. Be sure to contact the Police Department and Emergency Medical Services to report what has happened. Police Department.Exchange Insurance Information
Then you should exchange certain information with the other driver (while remaining calm and not placing any blame). This information should consist of: driver’s full name, complete contact info, driver’s license number, a clear description of what vehicle they were driving, their license plate number and their insurance information. You should take a number of photos of the accident scene and the vehicles involved – but without getting in the way of the investigating officer. Get the contact information of any witnesses, as well.Seek Immediate Medical Care
Afterwards, you should go straight to your local hospital (or your own doctor). Get a complete examination and make a follow up appointment, too. The reason for this has to do with the fact that many injuries will not show up until a day or so after the initial crash. Keep all medical bills and doctor’s reports in one single file in your home. You should not speak to the other driver’s insurance company or lawyer and you should not accept any money or sign any documents or checks without first speaking to your own motorcycle accident attorney.
As soon as you can, get in touch with an experienced motorcycle accident attorney in order to find out what your options are. There is no charge for the first appointment – so you have nothing at all to lose! Let the attorneys at Frankl Kominsky handle the insurance company, so you have time to recover.Speak to a Personal Injury Lawyer Serving Palm Beach Gardens
Florida motorcycle accidents can result in severe injuries and even death. This may occur in Palm Beach Gardens 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.
Discuss your case with an experienced Motorcycle Accident Personal Injury Attorney Serving Palm Beach Gardens 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. Call 561-800-8000 or use our Contact Form to set up a free consultation.