When the open road beckons, motorcycle enthusiasts answer the call, embracing the exhilaration of two-wheeled freedom along roadways like Coral Springs’ Riverside Drive and Sample Road. However, amidst the thrill of the ride, unforeseen accidents can shatter lives in an instant, leaving victims grappling with physical injuries, emotional trauma, and financial burdens. In these challenging moments, you need a Coral Springs motorcycle accident lawyer who understands the unique complexities of motorcycle accident cases.
If a motorcycle accident injured you or a loved one, you need a Coral Springs motorcycle accident lawyer from Kaiser Romanello, P.A., to guide you through the legal process and obtain the compensation you need and deserve.
Table of Contents
- Why Choose Kaiser Romanello, P.A., for Your Motorcycle Accident Claim?
- How Common are Motorcycle Accidents in Florida?
- Motorcycle Accident Injuries
- Why Are Motorcycle Accidents so Serious?
- Who Pays for Damages in a Motorcycle Accident?
- Do I have a Motorcycle Accident Claim?
- Who May You Hold Liable in a Motorcycle Accident?
- What if I’m Partly to Blame for My Injuries?
- How Can a Lawyer Help Me With My Motorcycle Accident Claim?
- Contact the Coral Springs Motorcycle Accident Lawyers from Kaiser Romanello, P.A., Today
Why Choose Kaiser Romanello, P.A., for Your Motorcycle Accident Claim?
At Kaiser Romanello, P.A., we are more than just legal advocates; we are passionate riders and committed advocates for those who share our passion. With unwavering dedication and years of experience, our motorcycle accident law firm is here to safeguard your rights, ensuring that justice prevails when the unexpected occurs on the open road.
As your trusted legal partner, we are committed to guiding you through the aftermath of a motorcycle accident.
We understand that every case is unique, and we approach each one with compassion, diligence, and a relentless pursuit of justice. From navigating insurance claims to litigating in the courtroom, our experienced team is by your side, fighting vigorously to secure the compensation and closure you deserve.
If you or a loved one suffered injuries in a motorcycle accident in Coral Springs, contact the motorcycle accident lawyers at Kaiser Romanello, P.A., for your free consultation. Let us explain how we can help.
How Common are Motorcycle Accidents in Florida?
Florida’s tropical weather and scenic highways lure motorcycle enthusiasts from across the country. With so many motorcyclists on the roads, it’s little surprise the state ranks seventh in the nation in motorcycle accident fatalities, according to Quote Wizard.
New helmet laws in the Sunshine State may help improve that rating. But it doesn’t erase the fact that 612 motorcycle accident deaths occurred in Florida last year, more than half of which involved riders not wearing a helmet when the accident occurred.
Motorcycle accident injuries are often severe or fatal. When a motorcycle rider is severely injured or killed in an accident caused by another person’s negligence, they are entitled to seek justice and compensation for their injuries.
Motorcycle Accident Injuries
Motorcycle accidents can result in a wide range of injuries, from minor to catastrophic or fatal, due to the relative lack of protection that motorcycles offer compared to other vehicles.
Common motorcycle accident injuries include:
- Road rash: Road rash occurs when a motorcyclist’s skin contacts the road surface during a slide or fall. It can range from mild abrasions to deep tissue damage.
- Broken bones: Motorcycle accidents often lead to fractures and broken bones, particularly in the limbs, wrists, ankles, and collarbones. High-impact accidents can even result in multiple fractures.
- Head injuries: Head injuries can be especially severe in motorcycle accidents. Wearing a helmet is crucial to reduce the risk of traumatic brain injury (TBI), but even with a helmet, head injuries can occur.
- Spinal cord injuries: Damage to the spinal cord can result in paralysis or loss of motor function below the injury site. Spinal cord injuries are often life-altering and may require long-term medical care.
- Internal injuries: Blunt force trauma from a motorcycle accident can cause internal injuries, such as organ damage, internal bleeding, or ruptured organs, which may not always be immediately apparent but can be life-threatening.
- Burns: Motorcyclists can suffer burns from contact with hot engine parts or the road surface, especially if the motorcycle catches fire after a crash.
- Abrasions and contusions: Besides road rash, motorcyclists may also experience various cuts, bruises, and abrasions as a result of the accident.
- Amputations: In severe accidents, the impact can lead to traumatic amputations, where a limb is severed at or near the accident site.
- Psychological trauma: Motorcycle accidents can lead to psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression, which may require counseling or therapy.
- Death: Tragically, motorcycle accidents can be fatal. Even with the use of safety gear, the vulnerability of motorcyclists to high-speed impacts means that accidents can result in fatalities.
Why Are Motorcycle Accidents so Serious?
Motorcycle riders are often at the mercy of other drivers’ behavior on the road. Distracted, impaired, or aggressive driving by others can increase the risk of an accident.
Motorcycles are also less visible to other drivers on the road, especially in blind spots or when weather conditions are poor. This can make them prone to accidents when other motorists don’t see the motorcycle or misjudge its speed and distance.
Motorcycle riders’ injuries are often much more serious. Unlike cars, motorcycle riders do not have the protective barriers of an enclosed vehicle, such as a metal frame, airbags, and seatbelts. This means that motorcyclists are more exposed to the elements and impact forces when they are involved in an accident.
Motorcycles are also significantly smaller and lighter than most other vehicles on the road, which can lead to a significant disparity in size and weight during collisions. This can result in motorcyclists being more easily thrown from their bikes or impacted by larger vehicles, increasing the severity of injuries.
Florida Helmet Laws
Florida helmet laws recently changed. Previously, motorcycle riders 21 years old and older didn’t have to wear a helmet if they had at least $10,000 in medical insurance benefits. Florida law now requires all motorcycle operators and riders to wear a helmet that complies with the Federal Motor Vehicle Safety Standards. Florida also requires motorcycle operators to wear eye protection to help them avoid hazards that may impair their vision.
The Centers for Disease Control and Prevention (CDC) credits motorcycle helmets with saving 1,872 lives in the last year. If all motorcyclists had worn helmets that year, 749 more of them would have lived. The agency reports that helmets reduce the risk of head injury by 69 percent.
Other protective gear, such as gloves, jackets, and boots, may also reduce the risk of serious injury.
But, even with laws and body protection, motorcycle riders are still at a disadvantage compared to the enclosed protection provided by cars and trucks.
Who Pays for Damages in a Motorcycle Accident?
Motorcycle insurance rules in Florida differ from other states. While motorcyclists here must register their bikes with the Department of Highway Safety and Motor Vehicles, they need not carry liability insurance. But they do need to show proof of financial responsibility in case of an accident.
They can do this by:
- Obtaining a Financial Responsibility Certificate by posting a surety bond with the Florida Department of Highway Safety and Motor Vehicles
- Purchasing liability insurance from a Florida insurance provider
- Obtaining a Self-Insurance Certificate from the Bureau of Financial Responsibility
Florida’s no-fault insurance system will not cover motorcycle owners even if they already have PIP coverage on another vehicle they own.
Instead, motorcyclists injured in an accident must seek compensation for their medical bills, lost income, property damage, pain and suffering, and other losses through a third-party claim against the at-fault driver’s insurance.
Do I have a Motorcycle Accident Claim?
A successful motorcycle accident claim requires showing how that the other party’s negligence caused the accident that injured you, resulting in damages.
Negligence claims generally consist of:
- Duty of care: The plaintiff must establish that the defendant owed them a legal duty of care. All drivers must operate their vehicles safely and obey traffic laws. This includes taking reasonable precautions to prevent motorcycle accidents.
- Breach of duty: The plaintiff must demonstrate that the defendant breached their duty of care. This means showing that the defendant did not exercise the level of care that a reasonable person would have in a similar situation. For example, the defendant may breach their duty by speeding, not signaling properly, or driving under the influence.
- Causation: The plaintiff must prove that the defendant’s breach of duty was the direct cause of the accident and subsequent injuries. This is often divided into two parts:
- Cause in fact (actual causation): The plaintiff must show that but for the defendant’s actions or negligence, the accident would not have occurred.
- Proximate cause (legal causation): The plaintiff must demonstrate that the injuries or damages were a foreseeable consequence of the defendant’s actions.
- Damages: To pursue a negligence claim, the plaintiff must have suffered actual damages or injuries due to the accident. These damages may include medical bills, property damage, pain and suffering, lost income, and more.
Who May You Hold Liable in a Motorcycle Accident?
In a motorcycle accident, liability, or legal responsibility for the accident, can fall on various parties, depending on the specific circumstances and the laws of the jurisdiction. Here are some of the parties who may be liable in a motorcycle accident:
- Other drivers: The liability for a motorcycle accident often rests with another motorist who may have acted negligently. This could include running a red light, failing to yield the right of way, speeding, driving while distracted, or driving under the influence.
- Other driver’s employer: You can hold an employer liable for a motorcycle accident caused by one of its employees under a legal doctrine called “vicarious liability” or “respondeat superior.” Vicarious liability means that an employer can be held responsible for the actions of their employees when those actions occur within the scope of employment.
- Vehicle manufacturer: If the accident was caused by a defect in the motorcycle itself, such as a malfunctioning brake system or faulty tires, you may hold the manufacturer or distributor of the motorcycle or its parts liable under product liability laws.
- Government entities: Poor road conditions, inadequate signage, or lack of proper maintenance can contribute to motorcycle accidents. If a government entity’s negligence in road maintenance or design caused the accident, you may pursue a claim against that entity.
What if I’m Partly to Blame for My Injuries?
Comparative negligence is a legal principle used in personal injury cases, including motorcycle accidents, to determine the degree of fault and the resulting liability of each party involved. It allows for a fair distribution of responsibility for the accident and your injuries.
In a comparative negligence system, the court evaluates the actions of all parties involved and assigns a percentage of fault to each party. Their percentage of fault reduces the compensation the parties receiveof fault.
Florida follows a modified comparative negligence rule with a 50 percent bar, which means that if you are 50 percent or more at fault, you cannot recover any compensation for your injuries.
How Can a Lawyer Help Me With My Motorcycle Accident Claim?
Hiring a lawyer to handle your motorcycle accident claim can significantly increase your chances of a favorable outcome and help you navigate the legal process more effectively.
If you’re unsure whether to hire an attorney, consult a Coral Springs motorcycle accident attorney at Kaiser Romanello, P.A., in a free initial consultation to discuss the specifics of your case and get professional advice.
Here are some ways we can assist with your case:
- Provide legal advice and options to move forward
- Protect your rights throughout the legal process
- Investigate the accident and gather evidence to support your claim
- Identify all liable parties
- Assess your damages to maximize your claim for compensation
- Negotiate with insurance companies for maximum compensation
- Represent you in court should the insurance companies refuse to make a fair offer
- Provide you with peace of mind that a professional is handling your case so you can focus on your recovery
Contact the Coral Springs Motorcycle Accident Lawyers from Kaiser Romanello, P.A., Today
At Kaiser Romanello, P.A., we believe obstacles should not block the road to recovery. We provide unwavering support and a strong voice to those injured by motorcycle accidents. Together, we’ll navigate the twists and turns of the legal system, allowing you to focus on healing and getting back on the open road.