Motorcycle Accident Lawyer in Homestead, FL
Homestead is a growing metropolitan area, and the roads are often crowded with pedestrians, cyclists, motorcyclists, and drivers. This means extra care and caution are needed when riding a motorcycle on public roadways because doing so can expose you and others to risk. Although you should exercise every possible caution when riding a motorcycle, this is no excuse for drivers and other road users to be reckless and negligent of traffic rules, specifically as they pertain to motorcyclists. If you suffer in a motorcycle accident because of someone else’s irresponsible conduct on the road, you deserve compensation for all of the injuries you sustain.
One basis on which you can build the case of a claim after a motorcycle accident is personal injury, but without a lawyer on your side, doing so can be very difficult, and you may end up with little or no compensation at all.
Motorcycle Accidents in Florida
According to a report by the US Department of Transportation, Florida, and Miami-Dade County, in particular, experience a high incidence of motorcycle accidents. Also, as per the same statistics, Miami-Dade leads the state in the number of fatal car accidents as well.
Also, not all of these accidents involve two parties. In fact, many reported accidents are rollover accidents caused by over-speeding. According to the NHTSA,10,000 deaths are reported every year from motorcycle rollover accidents which represents 33% of all motorcycle accidents in the U.S. every year.
With these findings in mind, if you are a motorcycle owner, then you might find yourself facing such a situation, and the best move to make is to contact an experienced attorney’s office to help with filing the case of a claim and pursuing the compensation to which you are entitled.
What to Do When You Are Involved in a Motorcycle Accident
Having to live with a disability or injury from a motorcycle accident can be physically and emotionally painful, not to mention financially constraining as well. The injuries you sustain in your motorcycle crash can even prevent you from doing certain jobs that you could do initially with a great deal of ease. Going through such suffering because of the fault of someone else can be very frustrating. While compensation may never replace having the health and abilities you had prior to an accident, it can save you from financial stress as you recover and seek rehabilitation on the long road to recovery. Our team of Homestead motorcycle accident experts can help you claim and fight for this compensation. We do this first by establishing who is at fault for the accident.
Doing so is not always easy, but the first person who can be held responsible in a motorcycle accident is the driver if any he or she can be proven to have been guilty of any of the following:
- Drunk driving – This is a serious offense and if you and your lawyer can prove that the other party was driving under the influence, then he/she can be held at fault
- Texting while driving – Apart from drunk driving, texting while driving is another irresponsible behavior that causes hundreds of accidents every year, many of them are motorcycle accidents, and any driver who is found to be guilty of this can be held responsible for accidents that result
- Driving recklessly and negligently – According to Florida driving statutes, everyone is expected to act in a reasonable and responsible way on public roadways, and a failure to do so is negligence
What Are Some Common Motorcycle Injuries?
Motorcyclists are at a higher level of risk when it comes to accidents. A single wrong move by other road users or even the motorcyclist him or herself can cause a devastating accident that may ultimately lead to severe injuries or fatality. The situation is made worse because motorcyclists are not as protected as car drivers or other road users and they can suffer severe injuries, including:
- Head injuries
- Concussions and fractures
- Brain injuries
- Spinal cord injuries
Damages You May Be Able to Claim
When involved in a motorcycle accident, you can either claim compensatory damages or punitive damages. While punitive damages are very rare, they are awarded in exceptional cases to punish the person at fault and to make an example out of him or her and to deter other motorists from driving recklessly.
Compensatory damages, on the other hand, are the most frequently and easily awarded types of damages. They can take the form of monetary or non-monetary damages. Some forms of monetary damages commonly given are:
- Compensation for present and future loss of earnings as a result of the injury sustained in the accident
- Present and future medical bills for any treatment related to an injury sustained in the accident
- Property damages
- Wrongful death damages
Examples of non-monetary damages include:
- Loss of relationship with the deceased in case the accident is fatal, otherwise referred to as a loss of consortium
- Loss of the enjoyment of life due to injuries sustained in the accident
- Pain and suffering, both physical and emotional
According to the statute of limitations, the period for claiming compensation after a motorcycle accident is four years. After this time, you will not be able to make any claims. This places added emphasis on moving quickly with your claims case and speaking with an attorney’s office right away.
Seek Professional Counsel – No Fees or Obligations
Our team of motorcycle accident lawyers is on standby to help you file a claim and pursue damages from a motorcycle accident that was caused by the negligence of another road user. From gathering evidence to negotiating with insurance companies and even representing you in court, our team will work with you, step by step, until your case is decided. No hidden fees or obligations. Call now at 305-928-2909.