People who like to feel the wind on their faces while driving on a sunny day and enjoying the beautiful views of South Florida will likely do it over a motorcycle.
Some others prefer motorcycles due to the economics of fueling these vehicles and the fact that they occupy little space in their houses.
Whatever the reason why many people opt for getting a motorcycle instead of a car or truck, they have something in common. The injuries they can sustain during an accident can be severe or even deadly.
Therefore, a group of expert Hialeah motorcycle accident attorneys at The Ward Law Group provides legal help to victims of negligent drivers. If you or a loved one has ever been involved in a motorcycle accident, you may be entitled to compensation for your damages.
Common causes of motorcycle accidents in Hialeah
It is common to find that most motorcycle accidents are because of a lack of courtesy, failure to follow regulations or traffic signals, negligence of driving under the influence of alcohol, or driving distracted in many ways.
Let’s talk about these common causes individually.
Distracted driving:
There are three distraction types:
- Visual
- Cognitive
- Manual
Nowadays, people do not keep their cell phones away for any reason, which is a common mistake because driving requires full attention. However, many people think that they will never fail and get involved in an accident until it is too late due to their many years of driving cars.
Texting or talking over the phone constitutes a violation of Florida law; it is extremely important that drivers respect this prohibition and keep their phones away while driving because it can cause them to get distracted and provoke a motorcycle accident in Hialeah.
Drunk driving:
Driving under the influence of alcohol or other drugs is extremely dangerous; they are a hazard on the road. By law, a 0.08 BAC (Blood Alcohol Concentration) or more means that the driver is breaking the law and that alcohol concentration is enough to impair the driver’s decision and reduce their reaction times.
There are prescription drugs that make the driver drowsy, and that can provoke them to nod off for a few seconds, causing a major accident. People should always avoid driving when they are consuming alcohol or recreational drugs. Having a sober designated driver is a must to save their life and not endanger others.
Unfortunately, not all people follow the instructions, and it is a shame to see when this accident happens that all the involved get injured, but the drunk driver is the least affected. It is almost like a punishment for them. Because later on, they could even face criminal charges.
Reckless driving:
Reckless driving involves a willful and wanton disregard for the safety of others. That means they are conscious and show intentional indifference to the potential consequences of their actions.
A reckless driver's characteristics are:
- Excessive Speeding
- Aggressive Maneuvers
- Street Racing
- Intoxicated or Impaired Driving
- Ignoring Traffic Control Devices
- Reckless Overtaking
- Engaging in Stunts or Exhibition Driving
- Reckless Evading or Fleeing from Law Enforcement
Poorly road maintenance:
Another cause of motorcycle accidents is the roads themselves. Holes in the pavement can destabilize a motorcyclist and cause them to fall or crash into other vehicles that are circulating or parked on the side of the road.
The Florida Department of Transportation (FDOT) is in charge of providing proper road maintenance. Motorcyclists can suffer serious injuries because of this entity's negligence, and they may file a claim against it. Of course, doing that could be complex, and you may need the expertise of a professional motorcycle accident attorney in Hialeah.
Steps to take after a motorcycle accident in Hialeah
After a motorcycle accident, there can be minor or serious injuries; depending on how injured you are, you may or may not perform other things that can later help you. That is why calling a motorcycle injury lawyer in Hialeah when you are still at the accident scene is a wise decision, just in case you cannot do so.
When you have an accident but do not sustain immediate severe damages, the first thing you should do is seek medical attention; you may call 911 and wait for the emergency assistants.
Then, while you are waiting, you should call the police department to report the accident; they will be present at the scene to create a police report, in which you must give your name and details of the accident. This report is crucial and beneficial for you when you are seeking compensation.
Then you can share and ask for contact information with the other driver, and try not to blame them, insult them, or say anything like blaming yourself for the accident. If they refuse to do so, do not force them and add that to the report.
Gather contact information from eyewitnesses. The people who saw the accident will be helpful when you are asking for compensation. Ask them if they could help you.
Contact your motorcycle accident lawyer to do the rest of the job. You can call them at the beginning and let them do all the steps for you, so you don’t have to deal with any legal action and focus on recovering from your injuries.
Determining liability in motorcycle accident cases in Hialeah
When there is an accident, the police department usually sends the Traffic Crash Reconstruction Team (TCRT) to investigate the incident.
The primary role of these teams is to gather evidence, analyze the scene, interview witnesses, examine the vehicles involved, and reconstruct the sequence of events leading up to the accident. They utilize various tools and techniques, such as taking measurements, documenting skid marks, analyzing vehicle damage, and creating computer simulations, to determine factors like speed, direction, and point of impact.
A motorcycle accident claim lawyer can work with these professionals and even help them with other evidence. Sometimes, they are not available to work on your case, but your lawyer can even hire private investigators to help your case.
Seeking compensation for motorcycle accident injuries
We have learned that Florida is a No-Fault state, and sometimes, depending on the circumstances of the case, getting fair compensation can be a complex process. Nevertheless, an experienced motorcycle accident attorney in Hialeah can easily navigate the procedures, fulfill timelines to send documentation, build a solid argument, and negotiate for you to get fair monetary compensation.
No-fault means that no matter who was at fault in the accident, every injured party can file a claim to get compensation for their injuries from their mandatory car insurance. However, there is a limit on how much money they can receive, and most of the time, it is not enough to cover all the expenses.
An injured victim of a motorcycle accident can receive up to $10,000 for medical-related expenses, which should be up to 80% of the total and 60% of lost wages. When we are talking about motorcycle accidents and the injuries that a victim can suffer, coverage is not going to pay for everything.
That is where a claim to the negligent driver’s liability insurance takes place. You can receive more compensation. They may start an investigation to find out if their insurer was at fault, and a motorcycle accident lawyer can help you in that process because they may apply strategies to make you think you were at fault and deny the claim.
If that does not work, but you have strong proof and the help of one of our motorcycle accident attorneys, they will represent you in court to win even better compensation.
Time limitations for filing a motorcycle accident claim
In Florida, there is a limitation of time for you as a victim of a motorcycle accident. You have up to 4 years from the accident date to file a claim. However, there is a variation to the rule.
If the motorcycle accident involved the death of the victim, then the family members have up to 2 years to file a wrongful death lawsuit against the at-fault party. It is crucial to have all the pieces of evidence and strong arguments for you to win the case.
When determining the at-fault party, there is a public entity sharing liability, and then there is a 3-year limit to file a claim against it. In some cases, a 90-day notice after the accident must be given, and failing to do so, even though three years have not passed, you may not be able to file the claim.
Importance of hiring a motorcycle accident lawyer
Contacting a motorcycle accident attorney from The Ward Law Group in Hialeah is wise. Their expertise will help you to navigate the complex process of a claim. There is a lot of paperwork, a timeline to meet, and an investigation to do. An injured person can’t have that extra stress when trying to heal from serious injuries that require resting and expensive medical attention.
Our motorcycle accident lawyers accrue over 30 years of experience in personal injury lawsuits coming from traffic accidents. They know all the tactics insurance companies use against claimants to pay less or deny coverage to victims.
Contact The Ward Law Group at 855-DOLOR-55 for a free consultation, and a lawyer will answer all your questions; you can also contact us through our online chat for your convenience.