Florida Injury Lawyer Blog
According to an article in the Herald Sun, a new study has concluded that in fatal motorcycle crashes the rider is at fault four of out five times. The study claims that more than half of the riders involved in a motorcycle crash had alcohol or drugs in their system at the time of the accident and nine out of ten had traffic violations on their driving record. Statistics have also suggested that in a significant portion of motorcycle accident fatalities, the motorist was driving the motorcycle without a valid license.
Does the study suggest that motorcyclists should take the blame for motorcycle and car accidents in Miami and other communities?
Some experts and personal injury attorneys in Miami and other communities are concerned about the message in the study and point out that the researchers only looked at motorcyclists involved in crashes over a 12-month period. This means that only a small number of crashes and motorcyclists were considered in the study. In addition, determining fault is often a complex process and in some of the cases examined the fault may have been incorrectly assigned.
Personal injury attorneys also note that the research findings could make it harder for motorcyclists who are involved in a traffic collision in Miami or another community, since police and others who have seen the study may automatically assume that the motorcyclists is at fault – even if this is not the case. It is already challenging in some cases for motorists to get fair compensation for head injuries in Miami and other traffic-related injuries, and assuming fault without due investigation can exacerbate the problem.
Many experts and motorists agree: everyone who shares the road has a responsibility to prevent motorcycle, car, and truck accidents in Miami and across the country. May is Motorcycle Safety Awareness Month and it is the perfect time to review the rules of the road for safer biking:
1) Motorcyclists should always wear a helmet to help prevent head injury in the event of an injury.
2) Motorcyclists need to follow the rules of the road, even though motorcycles allow for greater flexibility of movement than cars.
3) Truck drivers, car drivers, and motorcyclists need to drive sober, awake, and focused. Distracted driving is a leading cause of truck, motorcycle, and car accidents in Miami, as is fatigued driving. Drunk driving accidents in Miami also continue to cost too many lives.
4) Truck drivers and car drivers need to treat motorcycles just like any car on the road, providing riders with plenty of space to maneuver. Motorcycles should have a full lane to travel and you will want to leave a full car length of space in front of you if you are following a motorcycle. Since motorcycles are smaller vehicles, check for them before changing lanes or turning.
Have you been injured in a motorcycle accident in Miami or anywhere in Southern Florida? You can always contact the legal team at the Flaxman Law Group to arrange a free accident consultation to review your options and your situation with a personal injury attorney. You initial consultation is free of charge and comes with no obligation.