Motorcycle Accident Lawyer Serving Royal Palm Beach
Those who have suffered severe motorcycle accident injuries in Royal Palm Beach are far more numerous that many people realize. Part of this has to do with the fact that the weather in Royal Palm Beach is perfect for riding motorcycles. The abundance of sunshine will persuade those who have motorcycle to take them out for a spin during months that other parts of the country are experiencing harsh weather conditions. While this appears to be an advantage to those who ride, in actuality it has also made Florida the number one state in the country when it came to motorcycle accident deaths in 2015. As a matter of fact, approximately 19% of all vehicle accident fatalities that year involved motorcycles. This indicates just how common motorcycle accidents are, in Royal Palm Beach, and the need for those residents to be aware of the need for increased motorcycle safety on its roadways.
Because of the numbers involved, when it comes to motorcycle accidents, in Royal Palm Beach as well as the rest of Florida, certain special statutes have been enacted that are considered unique to this area. Some of these laws include:
“Showing off” one’s motorcycle riding ability by performing a stunt in which the motorcyclist forces a wheel to lift off from the ground (a “wheelie”) is to be considered a moving violation. Florida Statute 316.2085 (2). Of course, this law doesn’t pertain to situations in which a motorcycle wheel leaves the ground due to natural road conditions.
If a person wishes to include a motorcycle endorsement on their regular driver’s license, they need to meet requirements set down in Royal Palm Beach/state regulations. These regulations include; that they must be at least 16 years of age, if they are under 18 years of age then they must not have any previous traffic violations over a one year span of time prior to their application, they need to have a Class E driver's license and all applicants, regardless of their age, must have completed a Basic Rider Course.
In order to ride motorcycles which has a larger than 50 cc engine, the rider must have either a motorcycle endorsement on their standard driver's license or they must have a motorcycle-only license.
Any motorcyclist who is age 21 or older needs to possess medical insurance coverage of at least $10,000 if they don’t want to wear a helmet. This is due to the expectations of head injuries when involved in a motorcycle accident.
If the motorcyclist is under 21 years of age, then they must wear a helmet that meets specified government standards.
All motorcyclists must wear eye protection.
Even though these laws are in effect, it should be noted that 1 in 7 of all motorcyclists in the state don’t possess $10,000 worth of medical insurance.Who holds the responsibility for a motorcycle accident?
When it comes to motorcycle accidents, there are a number of common misconceptions that are held by those in the general public. However, it can be said that the most common reason for a motorcycle accident to occur is the same for any vehicle and that is negligence. In a court of law, the term “negligence” generally refers to a situation where the one party breaches their duty of care to another party in a way that the breach has resulted in an accident in which damages have resulted.
In this case, the “duty of care” means adhering to the statutes associated with operating motor vehicles and thus driving in a safe manner. Therefore, this entails not; driving too slowly or too quickly, not using proper turn signals and operating a motor vehicle while under the influence of drugs/alcohol.
If it has been determined that there was a breach of a duty of care that has led to an accident, then the non-breaching party may be able to collect restitution for the damages that have been caused by this breach. The damages can refer to both non-economic and economic losses.
Is it usually the case that the motorcyclist has caused the accident?
This question falls under the category of “common misconceptions” that was mentioned earlier. One of these misconceptions has to do with the belief that a motorcyclist is usually at fault when it comes to an accident. Yet, this is not usually the case. When looking at the statistics, we can see that it the auto and truck drivers who are usually at fault in an accident involving motorcycles. In fact, there was a study regarding this situation that was conducted by the University of South Florida’s Center for Urban Transportation Research, In that study, it was discovered that, when it comes to motorcycle accidents, about 60% were the result of negligence on the part of the vehicles. This study was reported in the (South Florida) Sun Sentinel.
One of the main reasons for this situation has to do with the fact that vehicles, other than motorcycles, refused to yield the right of way when they were supposed to. A common example of this has to do with a situation in which a car or truck pulls out from the curb – right into the path of an on-coming motorcycle. Reasons for this may include that the car or truck driver just didn’t mentally “register” the fact that there was a smaller vehicle approaching. Or it may be possible that the car or truck driver somehow expected the smaller vehicle to suddenly change to a different lane, due to its smaller size (like an insect).
Then there is also the possibility that a car or truck driver subconsciously feels that the smaller vehicle (motorcycle) should always give way to the larger vehicle. There are also situations in which the car or truck driver just doesn’t “see” vehicles that are much smaller than theirs. However, proper driving requires that one pays attention to all of their surroundings. Not doing so equals “negligence”.What are some of the other causes that lead to motorcycle accidents?
As they do in other accidents, cell phones can also play a part in driving distractions, when it comes to motorcycle accident injuries. Fortunately, this has led to recent new law that pertains to driving while distracted due to cell phone use. With this new statute, Royal Palm Beach motorists, along with motorists in the rest of the state, can be charged with a primary violation when using cell phones, under certain conditions. In the past, these violations were considered secondary violations, instead of primary ones, which are considered to be more serious. Further information may be found in Statute 316.305.
In a situation in which you have been injured in a motorcycle accident that was caused by distraction involving cell phone use, a motorcycle accident attorney may be able to assist you through witness interviews, record obtaining and other legal actions.Motorcycle Safety Statutes
There are a number of current royal Palm Beach motorcycle statutes that are related to safety issues, in order to prevent motorcycle accident injuries and fatalities. 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 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 to do after a Motorcycle Crash in Royal Palm Beach
If you’ve become involved in a Royal Palm Beach motorcycle-related accident, the actions that you would want to take are very similar to the actions that you should take in any type of vehicle accident. After first checking to see if anyone is injured, you will want to see if you can ensure that the vehicles are not blocking the roadway. Call for the police and Emergency Medical Services. You will want to make sure to render assistance to those who ask for it, within the realm of state law requirements. Be sure to take pictures of the property damage to the vehicles involved, as well as the accident scene.
After cooperating with the police and exchanging any information pertaining to the other driver; name and contact information, insurance information, vehicle registration information and insurance information, you should immediately go to the hospital or seek medical attention. This is very important, even if you feel okay. That’s because there are many types of vehicle accident injuries that don’t manifest themselves until many hours after the actual accident. Also, make a follow up appointment and keep all bill receipts and hospital record copies in one location in your home.Hospitals Near Royal Palm Beach, Florida Palms West Hospital | Open 24/7 | (561) 798-3300 Wellington Regional Hospital | Open 24/7 | (561) 798-8500
Get in touch with your insurance company and by no means discuss anything with the other party’s insurance or legal representatives. Make sure not to sign anything or accept any money that is offered until you have consulted with an experienced motorcycle accident attorney. The first appointment is free and you can get some valuable information regarding your options when it comes to obtaining the compensation you deserve.Hire A Motorcycle Accident Lawyer Serving Royal Palm Beach, to Protect Your Rights
Deaths and injuries from a Florida motorcycle accident can be the result of reckless behavior, which may occur in Royal Palm Beach 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 an injury that eventually led to a person’s death. 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.
Discuss your case with a Motorcycle Accident Personal Injury Attorney Serving Royal Palm Beach Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.