West Palm Beach has some of the most scenic routes for motorcycle enthusiasts with its palm-lined streets and ocean views. But the Sunshine State is also one of the deadliest when it comes to motorcycle accidents.
If you or a loved one suffered injuries in a motorcycle accident, you need a West Palm Beach motorcycle accident lawyer who understands the unique challenges and complexities of these cases, someone who will fight for justice and compensation on your behalf.
Contact Kaiser Romanello, P.A., today for your free consultation, and let us explain how we can help you.
Why Choose Kaiser Romanello, P.A., for Your Motorcycle Accident Case?
At Kaiser Romanello, P.A., our personal injury lawyers understand the importance of the open road and the freedom that comes with it. We are deeply committed to protecting your rights and obtaining the justice and compensation you deserve.
Through the years, we have recovered millions in verdicts and settlements for our clients who were injured in accidents, and we can help you, too.
We know that motorcycle accidents can result in serious injuries, medical bills, and emotional trauma. Your accident shouldn’t leave you with the financial fallout if another person’s negligent actions injured you.
That’s why we’re here to fight for you, to achieve the best possible outcome for your case. We are proud to serve as your trusted advocates in West Palm Beach, dedicated to helping you get back on the road and the life you love. Contact us today, and let’s discuss your case.
How Common are Motorcycle Accidents in Florida?
Florida’s tropical weather and palm-lined roadways draw motorcycle riders from across the country. With so many motorcyclists taking advantage of the pristine riding opportunities here, it should come as little surprise that the Sunshine State ranks seventh in the nation in motorcycle accident fatalities.
Florida’s newly imposed law requiring all motorcycle riders to wear helmets may help improve those statistics. Still, 612 motorcycle fatalities occurred in the state last year. Over half of those riders were not wearing a helmet when they were involved in the accident.
Motorcycle riders are more vulnerable on the roads than those traveling in motor vehicles. Motorcyclists are more likely to suffer severe or fatal injuries in an accident. If another person’s negligence caused the accident, the victim or their surviving family members may seek justice and compensation through a motorcycle accident claim.
Florida Helmet Laws
Until 2023, the state didn’t require motorcycle riders 21 years and older to wear helmets if they had at least $10,000 in medical insurance benefits. But Florida law now requires all motorcycle riders to wear a helmet that complies with Federal Motor Vehicle Safety Standards. Motorcycle operators also must wear eye protection to avoid hazards that may impair their vision.
Helmets saved an estimated 1,872 lives last year, according to the Centers for Disease Control and Prevention (CDC). Wearing helmets reduces the risk of head injury by 69 percent. If all motorcycle riders had worn helmets that year, the CDC said, helmets would have saved an additional 749 lives.
Other protective gear, including gloves, jackets, and boots, may also reduce the risk of serious injury during a motorcycle accident. But even with laws and body protection, motorcycle riders are still at a disadvantage against negligent drivers in bigger vehicles.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a wide range of severe or even life-threatening injuries due to the relatively minimal protection offered by motorcycles compared to cars.
Common motorcycle accident injuries include:
- Road Rash: This describes abrasions and lacerations caused by the rider’s skin scraping the road. Road rash often requires medical attention to prevent infection and minimize scarring.
- Fractures and Broken Bones: Motorcycle accidents can lead to fractures or breaks in various bones, including the arms, legs, wrists, and collarbone. These injuries often require immobilization, surgery, or other forms of medical treatment.
- Head Injuries: Head injuries are a significant concern in motorcycle accidents, even when riders wear helmets. Traumatic brain injuries (TBIs) can result from the impact of the head on the road or other objects. Helmets can reduce the severity of head injuries but do not guarantee protection against all head trauma.
- Spinal Cord Injuries: Motorcycle accidents can damage the spinal cord, resulting in paralysis or other long-term disabilities. Injuries to the spinal cord can have a profound impact on a person’s quality of life.
- Internal Injuries: A motorcycle accident can cause internal injuries, including damage to organs such as the liver, kidneys, spleen, and lungs. Internal bleeding is a common concern in these cases.
- Soft Tissue Injuries: Motorcycle accidents can strain, tear, or injure ligaments, tendons, and muscles. These painful injuries may require physical therapy or surgery for recovery.
- Burns: Motorcycle accidents can lead to burns, particularly if the motorcycle catches fire or if the rider’s body rouches hot engine parts or exhaust pipes.
- Psychological Trauma: Motorcycle accidents can also result in psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. The long-lasting emotional impact of an accident may require therapy or counseling.
Wearing appropriate protective gear, such as helmets, jackets, gloves, and riding pants, can help reduce the severity of injuries in a motorcycle accident. After a motorcycle accident, seek medical attention immediately, even if you don’t initially feel injured, as some injuries may not immediately appear.
What Damages are Available in a West Palm Beach Motorcycle Accident?
Damages refer to the financial compensation that a person injured by someone else’s negligence or wrongdoing may recover. Damages compensate the injured party for their losses and harm.
In a motorcycle accident claim, the damages available to the injured party can vary depending on the accident and the extent of their injuries.
Damages victims may claim include:
- Present and future medical expenses
- Property damages
- Lost income
- Loss of future earning capacity
- Home or vehicle modifications
- Special equipment for mobility
- Household services
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Funeral and burial expenses
Who Pays for Damages in a Florida Motorcycle Accident?
Motorcycle insurance rules in Florida are more complicated than in other states. Motorcycle owners must register their bikes with the Department of Highway Safety and Motor Vehicles (FLHSMV).
When doing so, they need not show proof of liability insurance, but they do need to show proof of financial responsibility by:
- Obtaining a Financial Responsibility Certificate by posting a surety bond with the FLHSMV
- Obtaining a Self-Insurance Certificate from the Bureau of Financial Responsibility
- Purchasing liability insurance from a Florida insurance provider
Florida is also one of a handful of states that operates under a no-fault insurance system. But PIP isn’t available for motorcycle owners even if they have PIP coverage on another vehicle they own.
Instead, motorcycle riders must seek compensation for their medical bills, lost income, and pain and suffering damages through a third-party claim against the at-fault driver’s insurance company.
Do I Have a Motorcycle Accident Case?
Negligence forms the basis for many personal injury claims, including those related to motorcycle accidents.
To establish negligence in a motorcycle accident case, you must prove:
- Duty of Care: The first element establishes that the defendant (the person being sued) owed a duty of care to the plaintiff (the injured party). In the context of a motorcycle accident, this generally means demonstrating that the defendant had a legal obligation to exercise reasonable care while operating their vehicle or otherwise conducting themselves on the road. All drivers, including motorcyclists, must operate their vehicles safely and follow traffic laws.
- Breach of Duty: To succeed in a negligence claim, you must show that the defendant breached their duty of care. In other words, you must demonstrate that the defendant failed to act as a reasonably prudent person would have under similar circumstances. For example, if the defendant broke the speed limit, ran a red light, or engaged in other reckless behavior that contributed to the accident, they may have breached their duty of care.
- Causation: Causation involves proving that the defendant’s breach of duty was the proximate cause of the plaintiff’s injuries or damages. In a motorcycle accident case, this means establishing a direct link between the defendant’s actions (or inactions) and the harm suffered by the motorcyclist. It must be shown that, but for the defendant’s breach of duty, the accident and subsequent injuries would not have occurred.
- Damages: In a negligence claim, you must demonstrate that the plaintiff suffered actual damages due to the accident. These damages include medical expenses, property damage, pain and suffering, lost wages, and more. Without quantifiable damages, a negligence claim typically cannot proceed.
To establish negligence, you’ll need to gather accident reports, witness statements, photographs, medical records, and expert opinions to demonstrate the four elements listed above.
Who May You Hold Liable in a Motorcycle Accident?
In a motorcycle accident case, liability can accrue to various parties.
Liability is based on fault or responsibility for the accident.
Here are some parties you may hold liable in a motorcycle accident case:
- Other Drivers: Often, the most common party you may hold liable in motorcycle accidents is another motorist. If another driver’s negligence, such as reckless driving, distracted driving, speeding, or failing to yield the right of way, causes a motorcycle accident, you may hold that driver responsible for your injuries and damages.
- Vehicle Manufacturer: If a motorcycle accident occurs because of a defect in the motorcycle, such as faulty brakes, tires, or other mechanical issues, you may hold the manufacturer or distributor of the motorcycle or its components liable for the accident.
- Government Entities: Poorly maintained or designed roads and infrastructure can contribute to accidents. If dangerous road conditions, inadequate signage, or other road maintenance or design issues caused your motorcycle accident, you may hold the government entity liable for the road.
- Third Parties: In certain situations, third parties who were not directly involved in the accident may also bear liability. For example, if a cargo load falls from a truck and causes a motorcycle accident, you may hold the company liable for not securing the cargo.
How Can a Lawyer Help With My Motorcycle Accident Claim?
A lawyer can play a crucial role in helping you with your West Palm Beach motorcycle accident claim. Motorcycle accidents often result in severe injuries and complex legal issues, and having an experienced attorney by your side can make a significant difference in the outcome of your case.
Here are several ways a motorcycle accident attorney with Kaiser Romanello, P.A., can assist you:
- Provide legal advice to help you navigate the legal system effectively.
- Investigate your accident and gather the evidence to establish liability and prove your case.
- Determine fault for the accident, including other driver’s negligence, road conditions, or defective motorcycle parts that may have contributed to the crash.
- Assess the full extent of your damages, including medical expenses, lost income, pain and suffering, and property damage.
- Negotiate with insurance companies on your behalf to seek a fair and reasonable settlement.
- File a lawsuit and represent you in court if negotiations with the insurance company fail to result in a fair settlement.
- If necessary, advocate for your rights and present your case to a judge and jury.
- Protect your rights and interests at every stage of the claims process and provide guidance on whether to accept a settlement offer or proceed to trial.
- Consult with expert witnesses, such as accident reconstruction specialists or medical experts, to strengthen your case and provide expert testimony if needed.
- Alleviate some of your stress by handling the legal aspects of your case, allowing you to focus on your recovery.
Contact the Palm Beach Motorcycle Accident Lawyers at Kaiser Romanello, P.A., Today
If you’ve been injured in a motorcycle accident in West Palm Beach, you don’t have to face the legal battle alone. Our experienced West Palm Beach motorcycle accident lawyers are here to fight for your rights and help you secure the compensation you deserve.
Don’t wait another moment to protect your interests and secure your future. Contact us now for a free consultation. Let us be your advocates, and together, we’ll work towards getting you back on the road to recovery.
Contact the motorcycle accident attorneys at Kaiser Romanello, P.A. today at (844) 877-8679 or through our online form for your free consultation.
