Motorcycles accidents can cause severe injuries and also property damage to both the driver and everyone else involved. A motorcycle accident attorney Miami who specializes in these types of cases can assist you when your case ends up in court. Motorcycle accidents can be more complex therefore they will require the careful examination of a motorcycle accident attorney Miami. Your attorney is responsible for the compensation and liability determination.
Typically, motorcycle accidents result in much more severe injuries than regular automobile accidents. Unlike cars, motorcycles have no surrounding structure to cushion riders against contact with other vehicles. Because of this, accidents involving motorcycles result in significant awards because the law bases these awards on the severity of the victim’s injury.
About 75% of motorcycle accidents are caused by automobiles. Typically, motorcycles are more difficult for automobile drivers to spot on the road, especially in the blind spot. In most cases, motorcycle accidents are not a result of the motorcyclists misdoing, but rather of a mistake committed by the automobile driver.
Every individual that operates any type of vehicle, either an automobile or motorcycle, has the legal responsibility to use reasonable care while driving. This means driving sensibly and cautiously, not going over the speed limit, and not taking stop signs.
In terms of the law, not following reasonable care is considered negligence. A majority of vehicular accident claims are suits based on driver negligence; claiming that the driver was not being cautious in preventing injuries against others on the road. In order to win the lawsuit, the injured party must provide proof in court to show that the driver was negligent and therefore caused the injuries. A personal injury lawyer can help you with the required legal process.
Although many motorcycle accidents are due to negligence of the automobile driver, at times, injuries result from the motorcyclist’s failure to operate the bike with the most responsible care possible. The driver of the motorcycle may be charged with negligence if he/she is swerving in and out traffic, taking turns at high speeds, or cutting off automobiles. Driving under the influence is also a common cause of motorcycle accidents and collisions with other motorcycles, objects, and road hazards. If there is a passenger on the motorcycle, he/she can file a personal injury lawsuit against the driver if an accident occurs and the passenger gets injured.
It’s important to be familiar with the most common motorcycle accident injuries. This will help you know what to do if a situation like this arises. Among the most common motorcycle injuries are:
There are a few steps to follow after you have been involved in a motorcycle accident:
Motorcycle accidents can be very dangerous and complicated to handle on your own. This is why hiring a personal injury lawyer is crucial to follow through your case. There are laws and circumstances specific to each accident. For example, in Florida riders under the age of 21 years old must wear a helmet and those who are 21 years old or older need to have at least $10,000 in medical insurance. Drivers need to have licensing and insurance. Drivers under 21 need to complete a motorcycle safety course. Although insurance is not required to register your motorcycle in Florida, you are responsible to cover any injuries or damages that occur during an accident. Personal injury insurance is required after you had an accident otherwise your tag can be suspended.
In order to file a motorcycle accident claim you have to first consider two things: damages and liability. Liability is determining who is at fault for the accident. Your case is not worth much when there is no liability since it’s hard to prove who is negligent either because the person who hit you was not negligent or you can’t prove his or her negligence. Damages have to do with the injuries or losses suffered during the accident. There are two types of damages: special damages, and pain and suffering. You must also calculate your lost earnings. Your future lost earnings, however, will require hiring a personal injury lawyer who will have economic experts assist him or her to accurately present your lost future earning capacity.
Just like any other personal injury lawsuit, an individual must make a claim for injuries from a motorcycle accident within a certain period of time. State legislative codes are responsible for determining personal injury rules and laws, therefore the period of time you have to claim the lawsuit depends on what state the accident occurred. But in most cases, you must file the lawsuit in less than a year.
The laws surrounding all matters of personal injury and motorcycle accidents can be complicated and difficult to understand. Each case is unique and therefore there are no set guidelines for every case. Personal injury lawyers deal with many cases a day and have the experience and knowledge to offer you legal advice throughout your claim. If you have any questions or concerns it is best to contact a personal injury lawyer to help you filling out all the required documentation and present you case in court.