The Boca Raton motorcycle accident lawyers with Hersh Kirtman Injury Law can help you if you or a loved one has been injured or killed in a motorcycle accident in Palm Beach County. Riding a motorcycle can be exhilarating, economical and environmentally friendly compared to driving a car, but it is far more dangerous. Motorcycle riders are anywhere from 28 to 36 times more likely to die in a vehicle collision than people traveling in a car. In 2021, 621 people lost their lives to motorcycle accidents in Florida, and 7,397 more were injured. In Palm Beach County alone, there were 386 motorcycle crashes in 2021, causing 29 fatalities and 314 injuries, according to Florida Highway Safety and Motor Vehicles report.
Hersh Kirtman Injury Law will be there by your side after your motorcycle crash. We will guide you through the medical and legal processes and help you through this difficult time while seeking to maximize the financial compensation you receive for the damages caused to you and your loved ones. Contact our experienced Boca Raton motorcycle accident attorneys today.
Florida Motorcycle Helmet Laws
Florida motorcycle helmet laws vary depending on the age of the rider. For riders over 21 years old who carry at least $10,000 in medical insurance coverage, wearing a helmet is not mandatory. However, these riders must wear protective eyewear while operating a motorcycle. For riders under 21 years old, Florida law requires them to wear helmets that meet the Department of Transportation (DOT) standards. The helmet must be securely fastened and have a chin strap. Motorcyclists must be aware of and comply with these regulations to ensure their safety and legal compliance while riding in Florida.
While Florida law does not require a helmet in every scenario, not wearing a helmet may result in a reduced recovery, or no recovery, in the event of a crash resulting in physical harm or death. Florida law has comparative fault laws that reduce a victim’s recovery if the victim is found to be partially or entirely at fault. Following a crash resulting in a harm, the insurance company, defendants, and ultimately the jury, will consider whether the victim took any action that was itself unreasonable and negligent, contributing to the harm. When motorcycle riders do not wear helmets and suffer injuries to their head or face, they are often found comparatively at fault, particularly when a helmet would have prevented some or all of the injuries.
Wearing a helmet is the safe thing to do, and so no matter what is required, we always recommend wearing a helmet–it can save your life.
Compensation for Motorcycle Accidents in Boca Raton
If a motorcycle crash was caused by the negligence of another party, injured motorcyclists can pursue a personal injury claim to seek compensation for their damages. These damages may include medical expenses, lost wages, pain and suffering, and property damage. It is crucial to gather evidence such as police reports, witness statements, medical records, and photographs to support the claim.
Motorcycle accident victims may also be eligible for compensation through their own insurance policies. Florida law requires all motorists to carry personal injury protection (PIP) coverage, which provides benefits for medical expenses and lost wages regardless of fault. Additionally, uninsured/underinsured motorist (UM/UIM) coverage can provide compensation if the at-fault driver does not have adequate insurance coverage.
In cases where the motorcycle accident results in severe injuries or wrongful death, seeking compensation through a personal injury lawsuit or wrongful death claim may be necessary to try and recover the critical compensation needed to assist in recovery and financial losses.
Consulting with an experienced personal injury attorney is highly recommended to navigate the legal process, assess the claim’s value, negotiate with insurance companies, and represent the injured party’s best interests in court if needed.
Common Motorcycle Accident Injuries
Motorcycle accidents lead to various injuries that cause financial, physical, and mental hardships. Common motorcycle accident injuries that riders sustain include:
- Head injuries: Traumatic brain injuries (TBIs) are a significant concern for motorcyclists. Even with helmets, riders can suffer concussions, skull fractures, or more severe brain damage upon impact.
- Road rash: When a motorcyclist slides across the pavement during an accident, it can cause painful abrasions known as road rash. This injury can range from minor scrapes to deep lacerations that may require skin grafts.
- Fractures and broken bones: Motorcycle accidents often result in broken bones, such as fractures in the arms, legs, hands, or collarbones. These injuries can vary in severity, from simple fractures that heal with casts to complex fractures requiring surgical intervention.
- Spinal cord injuries: Motorcyclists are at risk of spinal cord injuries that can lead to partial or complete paralysis. Damage to the spinal cord can cause loss of sensation, mobility, and control over bodily functions.
- Soft tissue injuries: Ligament and muscle damage, sprains, strains, and contusions are common soft tissue injuries. These injuries can cause significant pain, swelling, and limited mobility.
- Internal injuries: Motorcycle accidents can cause internal injuries, including damage to organs like the liver, spleen, or kidneys. These injuries may require immediate medical attention and surgical intervention.
- Emotional and psychological trauma: Motorcycle accidents can also result in emotional and psychological trauma. Post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues can develop following a traumatic accident.
It’s crucial for motorcycle accident victims to seek immediate medical attention to assess and treat their injuries. Additionally, consulting with a personal injury attorney experienced in motorcycle accidents can help victims understand their legal rights and pursue compensation for their injuries, medical expenses, lost wages, and pain and suffering.
Causes of Motorcycle Accidents and How Our Attorneys Can Help
The leading causes of motorcycle accidents include the negligence of the rider, another driver’s negligence, or road construction defects. Unlike an auto accident, when injured drivers are hurt in a motorcycle crash, they cannot turn to their personal injury protection (PIP) coverage to cover their medical expenses and lost wages caused by the crash. Instead, motorcycle crash victims seeking compensation must pursue legal action against the party or parties that caused their injuries. In doing so, they may potentially recover past and future medical bills, lost income, and compensation for pain, suffering, mental anguish, and inconvenience caused by the crash. Hersh Kirtman Injury Law represents injury victims in these claims against negligent drivers and others that harm motorcyclists, and we help them recover significant compensation to deal with the harm inflicted on them.
Sadly, injured riders often suffer serious injuries, sometimes leading to death. This makes pursuing a claim, and pursuing the right claim, that much more important. If a rider or passenger is left with a brain injury, amputation, or other catastrophic injury, obtaining compensation might be crucial to providing necessary future medical care and financial security in the absence of future wages. Insurance companies defend claims by motorcycle riders aggressively, playing into the bias many jurors have against motorcyclists. The motorcycle accident attorneys at Hersh Kirtman Injury Law know how to handle that bias, as well as several other complexities often found in motorcycle crash cases, including issues relating to helmets, facial fractures when a helmet was worn, and defects in the helmet or motorcycle.
Motorcycles are more sensitive to potholes, cracks, and other road defects. When defects in road construction are to blame for a motorcycle accident, our lawyers work to identify the road agency or contractor responsible for the negligent design, construction or maintenance that is responsible for the crash. Our Boca Raton motorcycle accident attorneys have expertise in this area and have achieved several multi-million dollar results for accident victims injured due to road construction defects. If a road is unsafe due to the way it was designed or built, such as with substandard materials or blind curves, or if it was negligently maintained with improper or obstructed signage or surface defects, additional avenues of recourse and compensation may exist. We will investigate those avenues and pursue claims on your behalf holding road designers and contractors accountable when their negligence plays a role in the motorcycle crash.
Contact an Experienced Motorcycle Accident Lawyer in Boca Raton, FL Today
Hersh Kirtman Injury Law can help if you’ve been injured in a motorcycle accident in Palm Beach County or if you lost a loved one in a fatal motorcycle crash. Our motorcycle accident attorneys work with you personally from your first meeting all the way through to the successful resolution of your case. We are your attorneys, counselors, advocates and friends, committed to getting you the best result we can. Contact our experienced Boca Raton motorcycle accident lawyers today.
