The State of Florida has the highest number of motorcycle fatalities in the nation. The temperate year-round climate encourages residents and vacationers to enjoy our scenic landscapes on their motorcycles, but there can often be tragic outcomes. Motorcycle accidents cause catastrophic and irreversible injuries or deaths, resulting in life-long burdens for the victims and their families. Common injuries include road rash, disfigurement, traumatic brain injuries, soft tissue damage, head and spine injuries, amputations, burns, and paralysis. The severity of injuries is intensified by a lack of protective equipment such as wearing a helmet, gloves, goggles, and protective clothing. The motorcycle structure does not offer safety features such as a protective metal frame or airbags like other motor vehicles.
Contributing factors that result in a high incidence of motorcycle accidents and fatalities in Florida are:
- Senior drivers on the road may have decreased vision, hearing, and reaction times, contributing to increased driving errors.
- New and inexperienced motorcyclists may have difficulty with balance and control.
- Experienced motorcyclists may exhibit reckless behaviors such as weaving in and out of traffic.
- Environmental conditions, such as potholes, loose gravel, or debris on the highway, may cause a loss of control.
- There are major bike rallies and events that draw large crowds from out- of -state residents that are not familiar with our roadways.
- Distracted driving, fatigue, or driving under the influence is frequently the cause of accidents.
Settlement Considerations to Resolve a Claim
In a negligence claim, the plaintiff has the burden of proof to present evidence that the opposing party is at fault. Comparative negligence occurs when both parties bear some responsibility in an accident, which may reduce the plaintiff's compensation.
Compensation for damages includes lost earnings based on work-life expectancy, the value of benefits, lost investments, medical bills, cost of future rehabilitation for incurred injuries, counseling costs for mental anguish, pain and suffering, and material damages. In a wrongful death claim, compensation also includes the end of life medical expenses, funeral and burial costs, loss of companionship, loss of inheritances, and more. Punitive damages are sought for defendants that recklessly or willfully caused an accident.
What to do after a Motorcycle Accident
If involved in a motorcycle accident, it is crucial to secure and preserve evidence as soon as possible. Never refuse medical treatment at the scene. The shock of having an accident may mask the pain of injuries, and a delay in treatment can undermine your claim. If possible, take photographs and refuse to make any statements to insurance companies without speaking to your personal injury attorney. Statements made by the other party in the accident can be used as evidence in your claim. If possible, write down details of the accident and get witness information for future statements and testimony. Other significant evidence can be gathered from the police report, medical records, and medical bills. Video from surveillance cameras that are close to the scene is credible evidence to prove liability.
The Law Office of Isadore Hyde P.A. seeks Justice for the Victims of Motorcycle Accidents and their Families.
The Law Office of Isadore Hyde P.A. has extensive experience representing victims and their families in personal injury claims. We seek monetary compensation for injuries and wrongful death to secure your financial future. On your behalf, we will handle all communications with insurance companies and adversaries. We have proven results in settlement negotiations and courtroom litigation. Through meticulous investigation, interviewing witnesses, and consulting experts in preparation for negotiations or a jury trial, we present a strong case for our client's financial recovery. As a prior insurance defense attorney, Isadore Hyde understands the defendant's strategies, which is advantageous for his clients. We serve clients in Orange, Seminole, Volusia, and Orange Counties, in both state and federal courts.