Motorcycle accidents in South Florida can be devastating whether they occur in a high-speed collision on the highway or in ordinary traffic. Given that motorcyclists do not have the same physical protections as vehicle occupants—to be sure, motorcyclists are completely exposed in the event of a collision—motorcyclists frequently sustain catastrophic injuries like traumatic amputations, internal organ damage, spinal cord injuries (SCIs), and traumatic brain injuries (TBIs). If you were injured in a crash, it is critical to seek advice from a West Palm Beach motorcycle accident lawyer as soon as possible. In the meantime, the following are five things you should know about motorcycle accidents and claims in South Florida.
- Motorcycle Accidents Happen More Often Than You Think
Motorcycle accidents are probably more common than you think. According to the National Highway Traffic Safety Administration (NHTSA), more than 5,000 motorcyclists were killed in collisions in the year 2019, and thousands more sustained serious but nonfatal injuries. Many of these crashes happen because of another motorist’s negligence. To be sure, motorcyclists are frequently injured because the driver of a car or truck was distracted at the time of the collision or because another driver failed to see a motorcyclist in their blind spot when changing lanes.
- Safety Measures Are Important for Avoiding Serious Injuries
Wearing a helmet, along with other safety equipment, can greatly reduce the chances of serious or catastrophic injuries in a motorcycle accident.
- Injured Motorcyclists May Be Able to Sue At-Fault Drivers After Collisions
Motorcyclists are not required to go through personal injury protection (PIP) policies under Florida’s no-fault auto insurance rule. Accordingly, a motorcyclist may be able to move forward with a claim immediately against an at-fault driver.
- Comparative Fault Can Affect a Motorcyclist’s Payout
In Florida, comparative fault can result in a reduction in an injured motorcyclist’s damages award. Since Florida is a “pure comparative fault” state, a plaintiff can recover damages even if they bear some responsibility for the accident, but the damages award will be diminished by that plaintiff’s portion of the fault. For example, the NHTSA reports that 29 percent of motorcyclists killed in collisions had been drinking alcohol before riding. In such cases, even if another driver clearly caused the crash by driving over a median and colliding head-on with the motorcyclist, the motorcyclist’s intoxication may mean that the motorcyclist also bears some responsibility for the accident.
- You Need to Be Aware of the Statute of Limitations to File Your Claim in a Timely Manner
Most motorcycle accident lawsuits must be filed within four years from the date of the crash in Florida, but it is essential to seek advice about your timetable from a motorcycle accident attorney.
Contact Our Experienced Florida Motorcycle Accident Lawyers
Do you have questions or concerns about filing a motorcycle accident lawsuit in South Florida? One of our motorcycle accident lawyers can speak with you today about your case. Do not hesitate to get in touch with us to find out more about how we can help. Contact Lesser Lesser Landy & Smith PLLC for more information about the personal injury services we provide to injury victims and their families in South Florida.
Resource:
nhtsa.gov/road-safety/motorcycles
