Motorcycle Accident Lawyer Serving Palm Springs
Most people in Palm Springs are not aware of just how many motorcycle accidents happen on their local roadways. Motorcycle riding is something that is very popular on Palm Springs roads due to the overall perfect riding weather that occurs throughout the year. In Palm Springs you won’t find a harsh winter and you get plenty of sunshine, which is perfect for riding. Because of this, motorcycle riding can be enjoyed in Palm Springs on any given day of the year.
Because motorcycle riding is such a popular pastime in Palm Springs, you will also find that the area also has a large number of motorcycle accidents, as well. As a matter of fact, The State of Florida became the number one spot in the U.S. when it came to motorcycle accident deaths for the year 2015. As a matter of fact, motorcycle accidents made up for about 19% of motor vehicle-related deaths in the state. So, when a motorcycle accident happens in this area of the country, those who have been injured and suffered damages will be looking for the help of a motorcycle injury attorney who serves Palm Springs.Florida Motorcycle Laws & How to Protect Yourself
Because of the large number of motorcycle crashes that happen in this state, there are a number of laws that are in place to keep motorcycle riding as safe as possible. You will even see laws that are in place only in this state when it comes to motorcycle riding. This has to do with the number of motorcycle accidents and deaths in this area of the country. Some of these are:
- Florida Statute 316.2085 (2) makes it illegal to “show off” when riding a motorcycle. This includes such acts as doing a “wheelie”, which is riding a motorcycle with one of its tires off the ground. Of course, this law would not apply in situations where the rider needed to do this due to an object that way lying in the road.
- If you live in Palm Springs and you already have a regular motorcycle drivers license and you want to add “motorcycle riding” to that license, then you must follow state rules that apply to that addition. These are; you must be at least 16 years old, have no other traffic violations for the past year (for those under 18) and the original license must be at least a Class E. You must also take a motorcycle safety course.
- Those who wish to ride motorcycles with motors larger than 50cc must have a regular driver’s license with a motorcycle stamp or a motorcycle-only license.
- Those riders, who are under 21 years old, are required to wear a state-approved motorcycle helmet. If someone is foolish enough to ride without a helmet, they must be over 21 years old and have a medical insurance policy that has at least $10,000 coverage. But even with this law, you will find about 1 out of 7 motorcycle riders, who should have this type of policy, fail to carry it.
- All motorcycle riders are to have protection for their eyes.
- 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 vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle. section 316.294
- 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)What are the Common Causes for Motorcycle Accidents?
Some of the most common causes for Motorcycle Accidents occurring in Palm Springs and the rest of Florida 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
- Misjudging the motorcyclist’s speed or distance
- Failure 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
Some of the more common reasons for motorcycle crashes and injuries include the difference in vehicle sizes between a motorcycle and a car or truck. Sometimes the driver of the larger car or truck expects the motorcycle rider to just “move out of the way”. Or the driver of the car or truck just doesn’t “see” the smaller vehicle. In any case, the reason is still the same – a driver was negligent.Palm Springs Motorcycle Crash: Who is Responsible?
Those who live in Palm Springs are sometimes unaware as to where the fault of a motorcycle accident will usually lay. But when you ask a motorcycle accident lawyer who serves Palm Springs, they will usually tell you that the causes of motorcycle accidents are pretty much the same as with other types of highway and road accidents. It is usually the person who is negligent who will be the cause of an accident. In this case, to be negligent (“breach”) means not to do the actions that are expected of you, by law. The items that are expected of you are known as a “duty of care”. If there was an accident that came about as a “breach of a duty of care”, then the person who performed the breach may end up liable for any of the damages that were caused. If you or a loved one were injured in a motorcycle accident, an experienced accident lawyer who serves Palm Springs can provide you guidance on how to proceed.
Because of the lack of protection that motorcycle riders have, accidents on motorcycles can be especially serious. Some of the types of injuries that a rider can suffer are:
- Neck and Back Injuries
- Traumatic Brain injury
- Spine Injuries
- Cuts and Bruises
- Bone Fractures
Damages can a Motorcyclist claim for after a Palm Springs Crash
- Medical Bills & Future Medical Expenses such as corrective surgery, rehabilitation, and pain management.
- Lost wages which could include time off to recover from the initial accident and time off for continued treatment, surgery, and rehabilitation.
Most drivers know that using a cell phone while driving a car or truck may lead to an accident. The same holds true for a motorcycle. However, the state has a new law that makes using a cell phone when driving a more serious driving offense. Before the new law that was made in 2019, a police officer was not able to stop a driver on the road just for using a cell phone, even though it was still illegal (it was a secondary offense). In order to do that, a driver had to also be committing a more “serious” driving offense (a primary offense), such as not obeying a stop sign. Under the new law, using a cell phone, while driving, is usually a primary offense. See Florida Statute 316.305 for more info.How to Protect Yourself After a Palm Springs Motorcycle Crash
If you’re in a Palm Springs motorcycle accident, there are some things that you may want to do. Of course, the first thing that you will want to do is to see if you or anyone involved in the motorcycle crash are seriously hurt. You can also make sure that nothing is blocking the roadway that might cause other accidents. You will also want to make sure that the Police Department and Emergency Medical Services is called.
If possible, you will then want to get the needed information from the other driver and give them your information, as well (name, contact info, driver’s license number, description of what they were driving and its license plate number along with their insurance info).
Take photos of the accident scene (from different angles) and include photos of any injuries. Never argue with the other driver, place or take any blame for the accident. Be sure to get contact information from any accident witnesses, as well.
Then, you should go straight to the hospital emergency room or your own doctor. Have a complete checkup and make an appointment for another visit. Keep a copy of all of your medical records and bill receipts in one location in your home. Get in touch with your insurance company and make sure not to speak with the other driver’s insurance company or their lawyer.
Also, do not sign any releases or accept any settlements that are offered from the other driver’s lawyer or insurance company. This is VERY IMPORTANT. At this time, you may wish to contactan experienced motorcycle accident attorney, serving Palm Springs, for help. Your initial consultation is always free so you have nothing to lose.How our Personal Injury Lawyers Protect You Proving the Extent of Your Injuries and the Value of Your Claim
Insurance companies do not have your best interests in mind. If it is clear that you were not at fault, the adjuster will attempt to get you to settle for as little as possible. If you don’t have an attorney, you may accept the first settlement offer without realizing that it is unfair. But, an attorney will be able to fight the insurance company to ensure that you receive exactly what you deserve. How? By proving the value of your claim.
Many insurance companies train their adjusters to shift fault and lessen the value of your claim and injuries. Even when it is very clear that you were not at-fault for the accident which led to your injuries, the adjuster may offer to settle your claim for the lowest amount possible. At the end of the day, that’s how they stay in business.
At Frankl Kominsky, our Palm Beach County injury lawyers have years of experience in building a strong injury claim through meticulous review of medical records and reports.Start Your Free Consultation with our Local Injury Attorneys Today
Severe injuries and sudden deaths can be the result of reckless behavior, which may occur in Palm Springs 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 and debilitating 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. Your initial appointment is free of charge.
Discuss your case with our Experienced and Dedicated Motorcycle Accident Personal Injury Attorneys Serving Palm Springs Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.