Florida Injury Lawyer Blog

A study published in the Journal of Forensic Sciences could provide some insight as to why there are so many Miami motorcycle accidents – and why these Miami traffic accidents tend to lead to so many permanent and serious injuries. According to “Death by Motorcycle: Background, Behavioral, and Situational Correlates of Fatal Motorcycles Collisions,” motorcycle are eleven times more likely than passenger cars to be involved in fatal accidents, per mile driven. The study also found that while overall road accident fatalities declined in 46 states and in the District of Columbia between 2007 and 2008, fatalities involving motorcycle crashes actually increased in DC and in 28 other states.

According to the study, men were overrepresented in motorcycle accident fatalities, accounting for over 87% of such deaths. In addition, almost 60% of fatalities occurred on the weekend while almost half occurred in the evening or during the nighttime. Whether due to worse conditions or the risk of drunk driving accidents, drivers may wish to be extra cautious during these times to avoid a Miami traffic accident. The study also concluded that almost 60% of motorcycle fatalities occurred on rural streets.

In just over half of fatal motorcycle collisions, the accident involved another vehicle. Experts have said it again and again: in a Miami truck accident or car accident involving a motorcycle, the motorcyclist does not have a chance. The difference in size and force alone ensures that the motorcycle bears the brunt of the damage. Since motorcycles are lighter than most other vehicles on the road and since they offer less protection for the rider, motorcyclists need to take extra precautions to protect themselves.

Unfortunately, Miami motorcycle accidents may not decline anytime soon. As gas prices increase, motorcycles seem far more attractive to many motorists due to the fuel efficiency of the vehicles. Since Miami enjoys such a mild climate, motorcycle enthusiasts can also ride their motorcycles year-round, making the risk of accidents a year-round issue. According to experts, there are several things that motorcycle riders can do to stay safe:

1) Wear a helmet. Florida had a helmet law until 2000, when the legislation was repealed. Since 2000, the number of fatal Florida motorcycle accidents has risen. While it’s not the law, wearing a helmet is the smartest thing you can do when you get on a motorcycle. If you are thrown from your motorcycle in a Miami traffic accident, your chances of survival are very poor. Wearing a helmet, on the other hand, protects your head in a collision and reduces the chances of you becoming a Miami brain injury patient due to head trauma after an accident.

2) Be wary in high traffic areas. These can be especially dangerous for motorcyclists, since impatient drivers may not notice your motorcycle. If you are stuck in traffic, make sure you have plenty of room and ensure that drivers around you can see you.

3) If you are in a motorcycle accident, be sure to consult with a qualified Miami personal injury attorney. There is in some cases a bias against motorcyclists in an accident and in some cases motorcyclists are blamed for an accident even if another driver was at fault. Contacting a qualified attorney shortly after your accident ensures that your attorney can gather the facts about the true cause of your accident.

Continue reading "Recent Study Provides Insight Into Miami Motorcycle Accidents and Accidents Across the Country " »

Each year, Florida motorcycle accidents cause fatalities and permanent injuries. Victims of motorcycle accidents in Miami and other Florida cities often find themselves with severe brain injuries, spinal cord injuries, and other serious injuries. In fact, motorcycle accidents can lead to many serious and life-altering changes:

1) Life-altering injuries. Many injuries sustained in motorcycle accidents are quite serious. Motorcycle riders have little chance against the size and force of a truck or car and in many cases riders are ejected from the motorcycle and are thrown some way. Florida burn injuries are also common in this type of accident, because the fuel tank of a motorcycle is generally far more exposed than that of a passenger vehicle. Florida spinal cord injuries and brain injuries are also common with this type of accident, and can lead to permanent injury.

2) Financial distress. Many Florida motorcycle accident victims face severe financial hardship after their accident. While many victims believe that their vehicle insurance and medical insurance carrier will take care of the costs, many victims quickly find out that this is not the case. There is often a cap placed on the recovery for vehicle damage, for example, and many medical insurance carriers do not fully cover the costs of long-term care and so-called "optional" treatments. A victim who has sustained a permanent brain or spinal cord injury may require millions of dollars of medical care over a lifetime. Usually, a victim needs to work closely with a Florida personal injury attorney to secure this type of settlement claim. Medical cost is one of the leading causes of bankruptcy in the US today, so securing a fair settlement is imperative in helping accident victims avoid lifelong financial distress.

3) Job changes. A permanent injury after a motorcycle accident will usually mean extensive time away from work, and resulting income loss. As well, some motorcycle accident victims will be unable to return to their jobs and will need to find an alternative stream of income or will need to train for a new job. A good personal injury attorney can fight for a fair settlement that helps cover these losses.

4) Personal loss and emotional changes. Many motorcycle accident victims feel frustrated and upset after their accident, especially if they have sustained a permanent injury. In some tragic cases, fatalities take place as a result of motorcycle accidents. In these cases, a family loses a loved one and often an income-earner as well. While there is no way to put a price tag on grief, Florida law does make provisions which allow victims to pursue damages for pain and suffering. This settlement money can help pay for counseling and other forms of care which can help a family deal with their loss.

If you or a loved one have been in a Florida motorcycle accident, there is a great deal to think about. The total costs and expenses will typically be much higher than you realize at first. Even an accident that does not lead to permanent injury can result in tens of thousands of dollars in medical costs, repair costs, and lost income. If you have been a motorcycle accident, it is important to consult with a qualified attorney. A good Florida attorney can evaluate your case, determine the costs of your accident, and can aggressively fight for your rights so that you at least have the financial resources you need to focus on healing.

Continue reading "Florida Motorcycle Accidents Cause Many Life Changes for Victims" »

Although motorcycles and passenger vehicles share Florida's roads, drivers and riders are not subject to the same laws and insurance coverage. In fact, Florida motorcycle accident victims face unique challenges after their accidents, which is one reason why it is important to work with a Florida personal injury attorney after this type of accident.

One challenge for motorcycle accident victims is that injuries can be far more severe from a motorcycle accident than from a Florida car accident. Car accident victims are protected by seat belts, windshields, and by the structure of their vehicle. Riders do not have any such protection and are often thrown from their motorcycle in an accident. Accident survivors may face permanent injuries or injuries that require long-term care and recovery. As well, Florida does not currently have motorcycle laws for riders. When riders are in an accident and are not wearing a helmet, the risk of serious brain injury and fatalities is much higher. For this reason, it is important to always wear a helmet when getting on a motorcycle, even if the law does not require it.

Motorcycle accident victims face other challenges as well. Many insurance companies have very low offers for motorcycle accident victims, even though such victims are in fact more likely than car accident victims to have long-term and expensive medical costs. Many accident survivors find that they need to work with an experienced Florida motorcycle accident attorney to recover a fair settlement that covers medical expenses, lost wages, and other damages caused by the accident.

Florida laws do protect motorcycle accident victims. If you have been in a Florida traffic accident while riding your motorcycle, you can seek compensation for any damages caused by the recklessness or negligence of any liable parties. Victims can seek compensation for medical costs, lost wages, suffering, loss of quality of life, and property damage caused by the accident.

The laws surrounding motorcycle accidents are more important than ever before. Thanks to the lower costs of motorcycles and the good mileage these vehicles offer, many Florida residents are turning to motorcycles as an alternative form of transportation for financial reasons. It is important for these new riders to be aware of their rights in an accident. If you have been in a Florida traffic accident on a motorcycle, contact a qualified Florida attorney soon after your accident to be apprised of your rights and legal choices. A good attorney can negotiate on your behalf with insurance providers, can investigate your accident, can represent you if you decide to seek legal redress, and can ensure that you make an informed decision in your case.

Continue reading "Understanding Your Rights After a Florida Motorcycle Accident " »

Some groups of bikers think so. Over the month of April, a number of events have been organized by motorcycle groups, lobbying against red light cameras – and for tougher rules against drivers who cause fatal Florida car accidents. On April 11, for example, more than one hundred motorcycle enthusiasts met at Florida's state capital for a peaceful demonstration to make lawmakers aware of their requests.

Many motorcycle riders, for example, want mandatory jail time for motorists who cause fatal Florida car accidents. According to some bike riders, some motorists are far too casual about safety, causing accidents that kill others. This is especially notable in cases of Florida pedestrian accidents, motorcycle accidents, and bicycle accidents, where the motorist is protected by their vehicle but the pedestrian, motorcyclist or bicyclist often suffers severe injuries or fatalities. Some bikers believe that mandatory sentencing would make motorists take their responsibilities behind the wheel more seriously.

Some motorists also want to see red light cameras eliminated. They believe that such cameras cause speeding motorists to brake suddenly, which can lead to an increase in motorcycle and car accidents in Florida. Some motorcyclists, however, who do support tougher car accident laws do not oppose red light cameras. They claim that red light runners are as dangerous to motorcycle riders – and other cars – as sudden stops caused by people trying to avoid a fine.

State Representative Jimmy Patronis has stated that he also has serious concerns about red light cameras after seeing studies suggesting that they can increase rear-end collisions. On the other hand, other studies do suggest that red light cameras use can reduce other accidents – such as t-bone accidents – caused by motorists running traffic lights. Many legislators are divided about the issue, although many note that red light cameras can help bring in revenues which can be put towards traffic safety.

Whether caused by red light runners or sudden stops at red lights, however, car accidents at traffic lights do more harm to motorcyclists than motorists. Motorcyclists colliding with a car are more likely to suffer severe injuries, such as spinal cord injuries, amputation, severe head injuries, and other severe and potentially life-threatening injuries. This is because motorcyclists are more likely to be thrown from their bikes than motorists are to be ejected from their vehicles. As well, the larger size of the passenger car and the smaller amount of protection available to motorcyclists contributes to fatalities.

Continue reading "Could Florida Motorcycle Accidents Be Caused by Red Light Cameras?" »

The National Transportation Safety Board (NTSB) is expected to make a push for federal legislation that would require all motorcyclists to wear a helmet. Accoording to the NTSB, there has been an increase in fatal motorcycle accidents since the later half of the 1990s, and in many cases these deaths could have been prevented with the use of helmets. In 2009 alone, motorcycle accidents killed 4,400 people across the country, according to the group.

While a federal motorcycle helmet law might help to prevent Florida fatalities – not to mention fatalities in other states – not everyone is happy about the suggested legislation. Many motorcycle groups and motorcycle enthusiasts claim that the decision to wear a helmet is a personal one and resist the influence of government on their riding habits.

Supporters of the proposed legislation note that a stricter federal helmet law would help save lives. Currently, in many Florida motorcycle accidents, fatalities are caused by Florida brain injuries. When a motorcyclist is in a crash, he or she is not protected by a car, the way that a passenger in a car is. Instead, the motorcyclist is often thrown from the motorcycle and upon landing the motorcyclist’s head often impacts with pavement or another surface, causing serious brain damage.

The NTSB says that personal preference makes little sense in the case of helmets, which could help save lives. According to the NTSB, motorcycles account for 13% of fatalities on highways, even though they represent only 3% of vehicles. Furthermore, in 2006 the NTSB joined in a motorcycle forum consisting on government agencies, riders, motorcycle companies, and researchers. The conclusion of that forum was to that mandatory helmet laws were necessary. Only North Carolina amended its laws to require all motorcyclists to wear helmets.

Groups such as the Texas Motorcycle Rights Association claim that there is no scientific, conclusive evidence that helmets save lives. Lobby groups such as the Texas Motorcycle Rights Association have written tens of thousands of letters to U.S. Transportation Secretary Ray LaHood, asking that helmet use not be made mandatory. According to the Texas Motorcycle Rights Association, education is needed more than helmets, as in 30% of motorcycle accidents, riders do not have motorcycle operator licenses, meaning that they may lack the training to operate a motorcycle safely.

Continue reading "Would Federal Helmet Laws Prevent Florida Motorcycle Accidents?" »

Two recent Florida motorcycle accidents have promoted Florida police departments and safety experts to remind motorcyclists about the dangers of the road. In light of the recent accidents, which have claimed two lives, experts are especially hoping to remind motorcyclists to wear helmets. Many fatal Florida brain injuries occur in motorcycle accidents, and helmets have been proven to help prevent such injuries. Wearing a helmet can literally mean the difference between life and death if you are in a Florida motorcycle accident. In both recent Florida motorcycle accident fatalities, the victims were not wearing helmets at the time of their collisions.

Motorcycles pose some special risks. In fact, the number of motorcycle accident fatalities are 37 times the number of car accident fatalities, according to the National Highway Traffic Safety Administration (NHTSA). According to NHTSA, the number of motorcycle accident fatalities is on the rise, as well. Safety instructors and other experts note that there are many things motorcycle enthusiasts can do to help stay safe:

1) Get proper training and licensing before getting on the road. In fact, additional training – such as defensive driving classes – can help improve your chances of surviving a collision by giving you the expertise and skills you need to stay safe. Extra training with a good instructor also ensures you don’t develop bad habits which can lead to an accident. Refresher courses and additional training over the lifetime of your motorcycle ensures you stay safer on the roads as well.

2) Wear a helmet as well as the correct safety gear each time you get on a motorcycle. In addition to a helmet which is up to standards outlined by the Department of Transportation, motorcyclists should wear riding jackets, glasses, gloves, and over-the-ankle footwear, according to safety instructors and safety experts. It is important to wear safety gear even on short trips, since many Florida motorcycle accidents occur close to home. While safety gear will not protect you in every accident, in many cases it can help prevent serious injury and may protect you from fatalities in a collision.

3) Never drink and ride or use drugs and drive. It’s important to stay sober. Florida drunk driving accidents involving motorcycles can be just as deadly as impaired driving accidents involving other vehicles.

4) Respect the limits of your riding skills. If you are just starting out with motorcycles, stick to well-paved roads and streets. Do not go onto more dangerous terrain until you have the skill and mastery to do so. Even then, staying on well-paved and less busy roads is often safer.

Continue reading "Recent Motorcycle Accidents Prompt Reminders About Safety Tips to Avoid Florida Motorcycle Accidents" »

While hopping on a motorcycle as a passenger can be exhilarating, passengers are much more problematic on a motorcycle than in a car. Passengers are often a bigger distraction for a motorcyclists because they must often sit right behind the motorcyclist. Passengers can also affect the balance of the motorcycle and this can sometimes lead to accidents. If you have a motorcycle, you can keep yourself and your passengers safer by following these tips:

1) Avoid passengers until you become very skilled on your motorcycle. Take a course for motorcyclists and practice driving your motorcycle in all sorts of conditions before you take on any passengers. To be safe, you need to be able to handle a motorcycle very well before you have any passengers.

2) Get a passenger’s helmet and insist all passengers wear it. Once you are ready to have passengers, you should purchase a motorcycle helmet and keep it on your bike at all times for passengers. Never allow a passenger on your motorcycle without a helmet. A helmet is the best defense you can offer your passengers against brain injuries.

3) Make sure that you start the motorcycle first and then have passengers climb on. This is usually more comfortable for the passenger and ensures that you can start the motorcycle unencumbered by your passenger.

4) Position your passengers correctly on a motorcycle. Your passengers sit behind you, with their feet on the footrests at all times. Make sure that your passengers understand that they should never remove their feet from the footrest. If they do so, you might move forward while your passenger is losing their balance. Have the passengers keep their legs away from the mufflers, as mufflers heat up during a ride and can cause burn injuries. Make sure that passengers hold into your waist at all times. There are no seat belts available – you are the stabilizing force for your passengers.

5) Instruct your passengers to lean with you when you turn. This will help keep your motorcycle more stable and will make it easier for you to control the vehicle.

6) Avoid passenger distraction. Due to the motorcycle’s noise, you will need to strain to hear your passengers talking, and this can distract you from the road. Have your passengers avoid talking and have them turn off their cell phones before hopping on your motorcycle as well – the sudden ring of the phone can startle you. On a motorcycle, a passenger’s movement can be distracting as well, so make sure your passengers remain still behind you.

Motorcycle accidents claim many lives each year and also cause serious personal injuries, including broken bones, head trauma, and spinal cord injuries. Because motorcycles are much smaller than other vehicles on the road, a collision between a motorcycle and a passenger vehicle or a truck tends to result in severe injuries for the motorcyclists. Motorcyclists also tend to be more injured because they are not protected on all sides by metal, plastic, and airbags. Luckily, there are many things that motorcyclists can do to help prevent accidents:

1) Always wear a helmet and protective gear. A motorcycle has no windshield or airbags. In a collision, most motorcyclists are thrown and when this occurs, brain injury is a common cause of fatalities. Helmets are your best way to reduce traumatic brain injuries, but to be effective they must be worn each time you climb on your motorcycle. Look for a helmet that offers a face guard or visor. This will protect your face in an accident and will keep your visibility good, so that you can avoid accidents. In addition to a helmet, long pants, boots, gloves, and a jacket can help prevent scrapes if you fall.

2) Get a proper license and training for a motorcycle. All states require motorcyclists to be licensed. In addition to licensing, consider taking extra on-bike training and additional training classes designed especially for motorcyclists. This will teach you how to ride a bike in various conditions and how to avoid some of the common dangers that face motorcyclists.

3) Do not drive under the influence. Never drink and drive, but also check your over the counter and prescription medications. Anything that affects your vision or makes you drowsy can cause an accident, so leave your bike at home until you are no longer on medication.

4) Do not speed. Studies have shown that 40% of fatal motorcycle accidents involved a motorcyclist who is speeding. If you speed on your motorcycle, you are more likely to lose control and get into an accident.

5) Look ahead and anticipate. Large bumps and holes in the road will affect you more than they will passenger cars, so anticipate them and plan ahead. Look for cars pulling out of parking spaces and side streets, as well – they may not see you in time.

6) Keep your headlights on every time you ride your motorcycle, even in the daytime. This is a law in most states, but it is also a good practice since it makes you more visible to others on the road.