Motorcycles are a popular choice of vehicle in Florida and are a common sight on the roads and highways across the state. The appeal of traveling by motorcycle is clear, with freedom and speed being just two reasons for becoming a motorcyclist. However, an increase in motorcycles on the road has inevitably led to an increase in motorcycle accidents. Sadly, more motorcycle accidents lead to fatalities in Florida than in any other state across America.
There are many common causes of motorcycle accidents, and a lot are caused by unexpected events that were unavoidable. However, other accidents are caused by the negligence of a driver whose actions could have been avoided had they taken more care. Many drivers take risks on the road that do not pay off and ultimately cause serious injuries to those around them.
If you or a loved one has suffered injuries in a motorcycle accident that wasn’t your fault, then you need the advice of a personal injury attorney. At The Law Place, we have a team of dedicated attorneys who have over 75 years of combined experience in working on personal injury cases just like yours. The quicker you act, the better, so call us today to schedule a free consultation with one of our accident lawyers at (941) 444-4444. Let us help you get the compensation you deserve!
What Are Common Causes of Motorcycle Accidents in Venice, FL?
The are many common maneuvers that drivers make on the roads every day. These are made so often that sometimes a driver can lack caution when performing them, increasing the risk of accidents. One statistically dangerous maneuver in Venice, FL. is making a left turn. Any driver making a left turn must be aware of their surroundings before turning to avoid driving into the path of oncoming traffic. This caution is, of course, required of motorcyclists too. Failing to exercise an appropriate amount of caution can lead to a fatal motorcycle accident. Here are a number of other common causes of accidents in Venice, FL.:
- Motorcyclists failing to check for oncoming traffic before driving through an intersection.
- Making sudden stops without an appropriate reason or warning.
- Dangerously overtaking other vehicles.
- Driving over the speed limit.
- Failing to maintain the quality of the vehicle, i.e., driving with broken lights.
- Driving under the influence.
Of course, this list is not exhaustive, and there are numerous other actions that could be considered negligent. A driver can also be found negligent if they caused an accident by operating a powerful vehicle that they were not experienced enough to control. If you are unsure of whether your accident was caused by a negligent driver or not, then we advise that you contact an experienced motorcycle accident lawyer as soon as possible. They will be able to examine the details of your case and tell you exactly what you are entitled to. Contact us today at The Law Place for a free case evaluation and impartial advice.
What Regulations Are There for Motorcyclists in Florida?
The regulations set out by the Florida Department of Highway Safety and Motor Vehicles (FHSMV) apply to all drivers in the state, whether they are operating a car, truck, or motorcycle. There are a great number of regulations in place to ensure that the roads and highways of Florida are a safe place for anyone traveling in the state. It is of great importance that all drivers know and understand these rules before getting behind a wheel. A failure to learn and comply with road safety regulations increases the potential for an auto accident to occur.
When learning the rules of the road, a driver should study the State of Florida’s Driver’s Handbook. This is a document that outlines signaling, licenses, and how a driver can maintain the upkeep of their vehicle so that it is road safe. Every driver is expected to be familiar with this information, but motorcyclists have additional rules that they must learn and comply with:
- Motorcyclists must hold a license or motorcycle endorsement before they use public roads.
- Anyone operating a motorcycle under the age of 21 must wear a helmet. Although, it is advisable for all drivers to wear one in order to avoid common head injuries that result from crashes.
- The Florida Department of Transport also requires all riders to wear approved eye protection.
- Motorcyclists are required to hold an insurance policy that covers third-party injury and property damage. Personal injury policies do not cover any damage to both property and person sustained by another driver.
The Florida Department of Transport has rolled out a safety plan that seeks to reduce the number of auto accidents and, therefore, accident victims through the enforcement of these regulations. Unfortunately, negligent drivers are unavoidable and, no matter the law, there will always be drivers who fail to fulfill their duty of care.
If you have been the victim of a motorcycle crash in Venice, then you may be entitled to compensation. It is important you seek legal representation as soon as possible in order to give your case the best chance of success. Hiring an experienced motorcycle accident lawyer is the best chance you have at receiving a fair settlement and getting your life back on track. Contact us today at The Law Place for a free consultation.
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What Does Duty of Care Mean in Florida?
Anyone who is behind the wheel of a vehicle on the roads of Florida owes a duty of care to those around them, passengers, drivers, and pedestrians alike. Following your duty of care means understanding the rules of the roads and showing a consideration for those around you by following these rules. Keeping the roads safe relies on all drivers, whether you are driving a car, motorbike, or truck, understanding and following this system.
In order for your motorcycle accident lawyer to prove that your accident was caused by the negligence of another driver, they must demonstrate that:
- A duty of care was expected – Florida law states that every driver has a duty to follow road safety regulations, including speed limits and traffic signs. This is a way of protecting both a driver’s personal safety and the safety of those around them.
- The duty of care was not followed – A driver’s failure to drive responsibly is a breach of their duty of care. Tailgating, speeding, and failing to signal are all examples of dangerous driving and anyone found to be driving as such has broken their duty of care.
- The lack of care caused the accident – A driver can be found responsible if the evidence is provided that shows that the driver’s actions led to the motorcycle crash.
- The accident resulted in damages – Every accident case will see damage that occurred during the crash. There are several forms of damage that can be incurred as a result of a collision, including personal injury, medical bills, pain and suffering, and damage to property.
Usually following your duty of care to others simply takes common sense and an understanding that a failure to comply with the rules of the road has the potential to end disastrously. You may assume that motorcyclists would be more willing to comply with these rules as they are at a higher risk of suffering serious injuries than drivers of cars and trucks. But, we see time and again that this is not the case, with many drivers choosing to weave amongst traffic and take risks where they ought to apply caution.
It is important to know that duty of care will be used by both your personal injury lawyer and your insurance company to determine who is liable for your accident. Evidence proving that another party breached their duty of care will see them held accountable and will allow you to make a claim for compensation.
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What Damages Can I Claim for Following a Motorcycle Accident?
Before a law firm will file your personal injury claim, they will first look at the damages you have experienced as a result of your accident. They will then use this to calculate the monetary value that you are owed by your insurance company. The following is a list of damages that you may be eligible to claim:
- Medical bills – Unfortunately, medical bills build up rapidly and the process of treatment can be lengthy and expensive. Florida Statute 627.736 states that you have up to 14 days to receive medical attention if you want to claim back the cost. It is possible to receive compensation for treatment you have already received, as well as the treatment you will need in the future, such as physiotherapy and prescriptions. Furthermore, it is possible to be compensated for the cost of travel to and from appointments.
- Loss of income – After suffering an auto accident, it is likely that you will need time off work. You are entitled to claim for any earnings you have lost since your accident as well as any future losses you will suffer due to your injuries.
- Pain and suffering – This is a broad term that covers physical, emotional, and mental, as well as a reduction in your quality of life.
- Property damage – Inevitably, your vehicle will suffer damage from its involvement in your car accident. This damage can be expensive to repair and leave you unable to perform daily tasks like traveling to work or collecting your children from school. You can be compensated for the cost of repairs as well as the cost of damage to any property, such as your cell phone.
- Wrongful death – Florida Statute 768.21 was designed to provide relief to the family of anyone who has lost their lives in a motorcycle accident. Grieving for a loved one can be made considerably more difficult if a family is left to face large expenses.
If you are unsure about what damages you are entitled to claim for, contact The Law Place to speak to one of our accident lawyers. They will review your case so that you know exactly what you are entitled to. Contact us today for a free consultation.
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Call The Law Place Today
If you or a loved one has become the victim of a motorcycle accident that wasn’t your fault, then you need one of our personal injury attorneys to fight for your right to fair compensation. A The Law Place we pride ourselves on our long history of successful cases and happy clients.
Our emphasis on a strong attorney-client relationship ensures that you will receive confidential and impartial advice whenever you need it. We have a team of highly experienced accident attorneys waiting to help you get the compensation you deserve. We are not afraid to stand up to large, profit-hungry insurance companies on your behalf. In working with us, you will never have to do any paperwork or speak directly to your insurance provider. We will represent you and your wishes so that you have time to focus on your recovery. If you are unhappy with the final settlement offer that you receive, then we will take your case in front of a judge and jury.
Contact The Law Place today and speak to a member of our team in a free consultation. Our lines are open 24 hours a day, 7 days a week so contact us now at (941) 444-4444.
