Kendall Motorcycle Accident Lawyer

Motorcycle riders are thirty times more likely to die in collisions than other victims. This statistic says volumes about how important these claims are to motorcycle crash victims and your Kendall motorcycle accident lawyer.

The average injury-related hospital bill in a catastrophic (life-threatening) injury case is over $100,000. This figure is just the beginning. These victims must undergo weeks or months of painful and expensive physical therapy before they regain physical functions they lost in the accident. During this time period, they usually cannot work. The financial pressure usually causes Post Traumatic Stress Disorder-type symptoms.

Compensation is a big piece of the puzzle, but it is not the only piece. Many tortfeasors (negligent drivers) quickly blame victims for their own negligence (e.g. “You came out of nowhere” or “I never even saw you”). Legal actions force these individuals to accept the consequences of the mistakes they make.

The Nuts and Bolts of a Legal Claim

This compensation is available if a Kendall motorcycle accident lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Most drivers have a duty of reasonable care. They must drive defensively and avoid accidents when possible. Motorist breach their duty of care when they drive:

• While Impaired: Alcohol intoxication or impairment is a primary factor in about a third of the vehicle collisions in Florida. Intoxication, which usually happens after three or four drinks, is the complete loss of mental or physical faculties. Impairment, which begins after the first sip of alcohol, is the partial loss of mental or physical faculties. Partially impaired motorists cannot safely operate their vehicles. Other kinds of driver impairment include fatigue and certain medical conditions.
• Aggressively: Excessive speed causes about a third of the motorcycle wrecks in Florida. Velocity increases the risk of a crash. Speeding drivers have less time to react to changing situations. Velocity also multiplies the force in a collision, according to Newton’s Second Law of Gravity. Other kinds of aggressive driving include running a stoplight, turning illegally, and tailgating.

These driving mistakes, which cause about 98 percent of the motorcycle crashes in Florida, could involve the ordinary negligence doctrine or the negligence per se rule.

There’s a difference between negligence and an “accident”.” People accidentally leave the lights on. They do not accidentally drive drunk and cause car wrecks. There’s also a difference between a substantial cause and a contributing cause. Many causes, such as bad weather or  glaring sunlight, may contribute to a car crash. But in most cases, driver error substantially caused the wreck.

If the tortfeasor violated the DUI law or another safety law, the negligence per se rule could apply. In these cases, tortfeasors are liable for damages as a matter of law. However, to obtain maximum compensation, a Kendall motorcycle accident lawyer must usually present additional evidence that indicates the driver’s negligence or recklessness.

Kendall Motorcycle Accident Lawyers and Insurance Company Defenses

Since motorcycle wrecks cause such serious injuries and so much money is at stake insurance companies typically use formal and informal defenses.

Comparative fault may be the most common formal defense. This doctrine shifts accident blame from the tortfeasor to the victim. For example, a combination of the rider’s excessive speed and the tortfeasor’s illegal turn might cause a devastating left-turn motorcycle accident. In these situations, jurors must divide responsibility between the two parties based on the evidence in the case. Florida is a pure comparative fault state. Even if the tortfeasors was only 1 percent responsible for the wreck, the victim is entitled to a proportionate share of damages.

The motorcycle helmet defense might be the most common informal defense. Florida does not have a universal helmet law. However, the failure to wear a motorcycle helmet could be evidence of contributory negligence. On an even more informal level, jurors often believe that riders who don’t wear helmets are reckless and therefore responsible for their own injuries, at least at some level.

Work With a Diligent Miami-Dade County Lawyer

Injury victims are entitled to substantial compensation. For a free consultation with an experienced Kendall motorcycle accident lawyer, contact Spencer G. Morgan, Attorney at Law. We do not charge upfront legal fees in these matters.