Motorcycle accidents can be devastating due to their severity and complex legal challenges. The lack of protection of a motorcycle compared to a car makes riders more vulnerable to serious injuries. Protective gear such as gloves, boots, leather jackets, and helmets can significantly reduce the severity of injuries. Not all riders wear the recommended protective equipment, which may lead to complications when filing a personal injury claim after an accident. Understanding the potential impact of not wearing protective gear on your claim is crucial to navigating the legal process effectively.
Englander Peebles has experience in personal injury claims of all types, including motorcycle accident claims, helping to guide victims through the intricacies of these cases. With our extensive experience in handling various accident scenarios, our firm is well-equipped to help clients seek compensation, regardless of the circumstances surrounding their case.
Motorcycle Accidents: Statistics and Common Causes
Motorcycle accidents are unfortunately common, and according to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 24 times more likely than car occupants to die in a crash and four times more likely to be injured. Some common causes of these accidents include:
- Distracted driving
- Speeding
- Failure to yield right-of-way
- Lane splitting
- Impaired driving
- Poor road conditions
With these clear dangers, it is clear that anyone riding a motorcycle should choose to wear protective gear.
The Legal Process
When you’re involved in a motorcycle accident, the legal process for filing a personal injury claim typically begins with gathering evidence, notifying insurance companies, and determining liability. It’s important to understand that Florida is a comparative negligence state, meaning that even if you’re partially at fault for the accident or you were not wearing protective gear, you may still be entitled to compensation. However, the amount you can recover may be reduced based on your degree of fault.
For example, if the court finds that not wearing a helmet contributed to the severity of your injuries, your compensation could be decreased accordingly. The key is showing that the other party was primarily responsible for causing the accident, regardless of your decision to forgo protective gear.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in many different types of injuries that can be severe or life-altering. Some of the most common injuries include:
- Traumatic brain injury (TBI)
- Broken bones
- Internal injuries
- Road rash
- Lacerations and abrasions
- Spinal cord injuries
Wearing protective gear can help mitigate the severity of some of these injuries, but even with the right precautions, the risk of injury remains high. If you’re injured in a motorcycle accident, it’s crucial to document your injuries and immediately seek medical attention, as these records are vital in supporting your claim.
Importance of Documentation
As with any personal injury case, the following documentation is key:
- Photos of the accident scene
- Police reports
- Medical records
- Repair estimates
- Witness statements
You will need to carefully document the extent of your injuries, especially if you weren’t wearing protective gear, and how they were directly caused by the accident, rather than your lack of gear. This will help to establish the connection between the other driver’s negligence and your injuries, rather than your lack of protective equipment, which is crucial for maximizing your compensation.
How Legal Professionals Help
Navigating a motorcycle accident claim can be overwhelming, especially when factors like not wearing protective gear are added to the equation. Having an experienced attorney like those at Englander Peebles is invaluable in these cases. We will assist in the following:
- Collecting and preserving evidence
- Negotiating with insurance companies
- Determining liability
- Representing you in court, if necessary
- Calculating damages
Types of Compensation in Motorcycle Accidents
Depending on the details of the case, motorcycle accident victims may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for current and future medical treatments related to the accident.
- Lost Wages: Compensation for the time you were unable to work due to your injuries.
- Property Damage: Compensation for the damage to your motorcycle and any personal belongings.
- Pain and Suffering: Non-economic damages for the physical and emotional toll of the accident.
Safety Tips
While no amount of preparation can guarantee the prevention of accidents, there are steps that motorcyclists can take to protect themselves.
- Always wear protective gear.
- Follow traffic laws and stay alert to road conditions.
- Avoid riding in bad weather.
- Stay visible to other drivers by wearing reflective gear.
- Take motorcycle safety courses to improve your riding skills.
How Englander Peebles Can Help You
At Englander Peebles, every motorcycle accident case is treated uniquely. We tailor our strategies to the specific circumstances of the client, taking into account factors like the severity of injuries, the presence (or absence) of protective gear, and the details of the accident. With a deep understanding of Florida’s personal injury laws, Englander Peebles offers a client-centered approach, ensuring that each victim receives personalized attention and a strong legal strategy.