Weinstein Legal personal injury law firm Fort Lauderdale

South Florida Motorcycle Accident Lawyer

Severe Injuries Demand Severe Justice

a motorcycle accident requiring an injury lawyer

South Florida’s flat roads and beautiful weather make it a popular destination for motorcyclists. More than 600,000 motorcycles are registered throughout Florida, the majority of which are in the South Florida and Treasure Coast areas. When a motorcycle and motor vehicle collide, the effects can be devastating. Weight differences, and the limited protection riders have while on their bikes can cause debilitating injuries. Unfortunately, many bikers will suffer life-threatening injuries that can change their entire life.

If you or someone you know have been hurt in a motorcycle accident caused by a negligent driver, you may be entitled to compensation.

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Weinstein Legal’s West Palm Beach and Fort Lauderdale motorcycle accident attorneys will review the details of your claim and work to help you recover compensation for your losses. Fill out our contact form for a free review of your motorcycle accident claim.

Recent Florida Motorcycle Accident Statistics

Following a sudden spike in 2008, the rate of motorcycle accidents in the United States has experienced an annual increase. Unfortunately, the state of Florida is at the forefront of this trend. Each year, Florida continuously leads the entire nation in the total number of motorcycle deaths and injuries reported.

While Florida’s population of 21 million people is barely 7 percent of the nation’s total population, nearly 12 percent of all motorcycle accidents in the country occurred within Florida’s state limits. South Florida counties specifically are leading the state for the most annual motorcycle crashes.

In 2017, Miami-Dade County experienced 1,127 total motorcycle crashes that resulted in 64 fatalities and 896 injuries. Broward County ranked second in Florida for the most motorcycle crashes, with a total of 736 motorcycle accidents, 33 fatalities, and 607 injuries.

What Types of Motorcycle Vehicles Are in Florida?

Florida is home to thousands of miles of highway, making it the ideal destination for motorcycle vehicles of all types. However, not all of these motorcycles are built the same – some are meant to travel longer distances, some are meant to reach higher speeds, and some are even meant to haul luggage.

To differentiate between the various types of motorcycle vehicles on the road, the Highway Loss Data Institute developed a system that groups street-legal motorcycles into 8 different classes.

8 Street Legal Motorcycles include:
  • Cruiser: The largest class of motorcycles. A similar style of bikes from the 1930s to 1960s, such as Harley-Davidsons and Indians.
  • Standard: Feature an upright riding position and basic designs. A low power-to-weight ratio makes this motorcycle user-friendly.
  • Supersport: Consumer versions of racing motorcycles. Feature reduced weight and increased power to allow for maximum acceleration and speeds.
  • Sport: Similar to supersports, but have a lower power-to-weight ratio that results in lesser acceleration.
  • Unclad Sport: Similar to sports and supersports in design, but are made without windscreens and plastic body fairings.
  • Sport-Touring: Feature the largest engines in the sport class and are typically heavier and equipped with touring features such as larger seats and saddlebags.
  • Touring: Designed for longer travel. Typically are equipped with larger engines and fuel tanks, plus room to haul luggage.
  • Scooters: Sometimes referred to as mopeds, scooters have smaller wheels and engines as well as automatic transmissions.

The level of devastation caused by a motorcycle accident can be influenced by the type of motorcycle driven. For instance, supersport motorcycles make up a small fraction of registered motorcycles, but compose a large majority of fatal crashes. The Insurance Institute for Highway Safety (IIHS) found that the driver death rate per 10,000 registered supersport motorcycles was about 4 times as high as the rate for motorcyclists who rode cruisers or standards. The driver death rate for sport motorcycles was about twice as high as the rate for drivers of cruisers or standards.

Motorcycle Accident Injuries

Based on the Florida Department of Highway Safety & Motor Vehicles, the number of motorcycle crashes in the state increased by 3.5% between 2014 and 2015. Nearly 8,000 people suffered motorcycle accident injuries throughout Florida in 2017.

Some of the most common injuries during a motorcycle crash include:
  • Traumatic brain injury
  • Concussion
  • Broken bones
  • Road rash
  • Spinal cord injuries
  • Cuts and scrapes
  • Facial and/or dental damage
  • Whiplash

The number of motorcycle fatalities increased by 27%, while motorcycle passenger fatalities increased by 72% between 2014 and 2015. These numbers reveal just how dangerous motorcycle accidents can be.

A motorcycle injury attorney at Weinstein Legal is ready to help you if you or a loved one has been hurt in a motorcycle crash. We understand how serious these types of accidents can be, and are dedicated to helping clients recover the maximum amount of compensation.

Helmets and Head Injuries

In both fatal and non-fatal motorcycle accidents, a head injury can pose the most risk to a victim. For this reason, the federal government suggests all riders wear a helmet, estimating that helmets are 67 percent effective in preventing brain injuries and reduce the risk of dying in a crash by 37 percent.

However, in the state of Florida, wearing a helmet is not mandated by law. In fact, Florida repealed its universal helmet law in 2000, allowing all riders over the age of 21 to opt out of helmet use so long as they carry medical insurance of at least $10,000. By 2008, crashes and injuries in Florida nearly doubled. The amount of fatal crashes for every 10,000 registered motorcycles increased by 21 percent. Moreover, hospital admissions of crash victims with injuries to the head, brain, and skull increased by 82 percent.

Because of the unprotected nature of motorcycles, riders can suffer severe or even deadly head injuries even in collisions that may have only caused minor injuries for drivers of larger vehicles. Motorcyclists who do not wear helmets are more likely to suffer traumatic brain injuries, incurring median hospital charges that are 13 times higher than for those without such injuries. According to the Governors Highway Safety Association (GHSA), if all motorcyclists in deadly crashes in 2016 had worn helmets, an estimated 802 lives could have been saved.

Fill out our contact form or call 954-845-0505 to start your free consultation.

Common Causes of a Motorcycle Accident

The negligent actions of another driver are what most often cause motorcycle collisions.
Some common causes of a crash include:
  • Texting and driving
  • Failing to see a motorcyclist
  • Failing to yield
  • Tailgating
  • Distracted driving
  • Driving while under the influence of drugs or alcohol
  • Speeding
It may be difficult for injured riders to recover compensation after an accident, which is why it is so important to consult with an experienced and knowledgeable South Florida motorcycle accident lawyer. Contact Weinstein Legal online now or call 954-845-0505.

Accident Damages

Seeking damages after a motorcycle accident can be difficult as an insurance company may diminish your claim or minimize your injuries to offer you the least amount of compensation you are owed.

After suffering a motorcycle accident, the team at Weinstein Legal can fight for your compensation for damages such as:
  • Past, current, and future medical bills
  • Home healthcare expenses
  • Rehabilitative therapy
  • Loss of enjoyment of life
  • Mental anguish and emotional distress
  • Pain and suffering
  • Loss of future earning potential
  • Lost wages

In the case of wrongful death, your attorney can also fight for funeral costs, loss of partnership, loss of benefits, and the loss of a victim’s future earnings.

A skilled South Florida motorcycle injury lawyer of Weinstein Legal can help you recover compensatory damages after your crash. These damages may include medical expenses, current and future wages due to lost time at work, property damage costs, and compensation for your mental anguish.

Although punitive damages are not common, after a motorcycle accident that led to catastrophic injuries or wrongful death, these types of damages may be sought. Punitive damages serve to punish the defendant and may be awarded in certain cases.

Motorcycle Accident Liability in Florida

Florida is one of the few states that doesn’t require motorcyclists to carry much insurance. For example, personal injury protection (PIP) is not mandated for motorcycle riders. Rather than carrying any specific coverage, Florida motorcyclists are required to meet a financial threshold in case of injuries. The State of Florida provides guidelines that can be used to determine the amount of coverage you need: 1) $10,000.00 for one person bodily injury; 2) $20,000.00 for two or more people bodily injury; 3) $10,000.00 per crash in property damage liability.

In order to recover compensation from the at-fault party’s insurance company, liability must be determined.

As motorcycles are expected to follow the same rules of the road as four-wheel vehicles, negligence must be proven through establishing the same requirements as used in auto accidents:
  • The victim was owed a duty of care by the defendant
  • The defendant somehow breached that duty
  • The breach caused the plaintiff’s injuries
  • It resulted in damages

Determining liability in a motorcycle accident can be an incredibly complex matter, especially since many four-wheel vehicle drivers may not respect the rights of motorcyclists sharing the road. At Weinstein Legal, our trusted motorcycle accident attorneys will conduct a full investigation to prove that the at-fault driver is found liable for your damages.

How a Motorcycle Injury Attorney Can Help

Pursuing a claim with the help of a skilled motorcycle accident lawyer may help you in recovering the maximum amount of compensation you are entitled. With office locations in Fort Lauderdale and West Palm Beach, Weinstein Legal’s personal injury attorneys can help you by collecting the accident and police reports, speaking with witnesses on your behalf, reviewing your medical records, serving as a liaison between insurance companies, and investigating the full details of your accident.

Don’t hesitate to contact a motorcycle injury attorney you can trust. Florida law only gives accident victims a limited amount of time to file a claim.

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