Motorcycle accidents can be some of the most devastating and tragic events on our roads. With little protection, motorcyclists are often left with severe injuries or fatalities after an accident. In Florida, wrongful death claims are one way to seek justice and compensation for the loss of a loved one in a motorcycle accident. In this blog post, we will discuss motorcycle accidents and Florida wrongful death claims.
Motorcycle Accidents in Florida
Florida is a beautiful state with great weather, which makes it an ideal place for motorcyclists to ride. Unfortunately, with more motorcycles on the road, the risk of motorcycle accidents increases. According to the Florida Department of Highway Safety and Motor Vehicles, there were over 8,000 motorcycle crashes in Florida in 2020, resulting in over 500 fatalities. These numbers are staggering and highlight the need for increased awareness and safety precautions for motorcyclists.
Common Causes of Motorcycle Accidents
Motorcycle accidents can happen for many reasons. Here are some of the most common causes of motorcycle accidents:
- Driver Error: The most common cause of motorcycle accidents is driver error. Drivers often fail to see motorcycles, misjudge their speed, or make sudden lane changes without checking their blind spots.
- Road Hazards: Road hazards such as potholes, loose gravel, or uneven surfaces can be dangerous for motorcyclists.
- Driving Under the Influence: Driving under the influence of drugs or alcohol is dangerous for all drivers, but it can be especially deadly for motorcyclists who have little protection.
- Vehicle Malfunction: Sometimes, motorcycle accidents can be caused by mechanical failures or defects.
Wrongful Death Claims in Florida
In Florida, wrongful death claims are designed to provide compensation to the surviving family members of a deceased person. A wrongful death claim can be filed by the deceased person’s spouse, children, parents, or other close relatives. To file a wrongful death claim, you must prove that someone else’s negligence or wrongful act caused the death.
In the case of a motorcycle accident, if the accident was caused by someone else’s negligence, the surviving family members of the deceased motorcyclist may be able to file a wrongful death claim. Damages in a wrongful death claim can include:
- Medical expenses: This includes any medical expenses incurred as a result of the accident, such as hospital bills and rehabilitation costs.
- Lost income: If the deceased was the primary breadwinner for the family, the family may be entitled to compensation for lost income.
- Funeral expenses: The cost of a funeral and burial can be significant, and a wrongful death claim can help to cover these expenses.
- Pain and suffering: The family may be able to recover damages for the emotional pain and suffering caused by the loss of their loved one.
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. It is important to consult with an experienced personal injury attorney as soon as possible to ensure that you meet all of the legal requirements for filing a claim.
If you or a loved one has been injured in a motorcycle accident in Florida, it is important to seek medical attention right away, even if you do not feel any pain or discomfort initially. Some injuries, such as internal bleeding or head trauma, may not show symptoms right away but can be life-threatening if left untreated.
After receiving medical treatment, it is important to speak with a personal injury attorney who specializes in motorcycle accidents. They can help you navigate the complex legal process of filing a personal injury claim and ensure that you receive the compensation you deserve for your injuries.
In Florida, motorcyclists are not required to wear helmets if they are over 21 years old and have at least $10,000 in medical insurance coverage. However, wearing a helmet is still highly recommended as it can significantly reduce the risk of a head injury in the event of an accident.
Motorcyclists should always follow traffic laws and practice safe riding habits, such as using turn signals, checking blind spots, and maintaining a safe speed. Defensive driving can help prevent accidents caused by other drivers’ negligence.
Motorcycle accidents can have tragic consequences, but there are legal options available for those who have lost a loved one or been injured in an accident. By following safety precautions and seeking legal advice when necessary, we can work towards reducing the number of motorcycle accidents on our roads and keeping motorcyclists safe.
As a law firm with over 50 years of experience in personal injury cases, including motorcycle accidents and wrongful death claims, at Goldstein, Buckley, Cechman, Rice & Purtz, P.A, we can provide legal assistance to clients throughout Southwest Florida. Our team of experienced attorneys specializes in handling these types of cases and can assist clients in several ways.
We can investigate the accident to determine the cause and liability, interview witnesses, review police reports and medical records, and consult with accident reconstruction experts. Our attorneys can help clients understand the damages they may be entitled to, such as medical expenses, lost wages, and pain and suffering. We can negotiate with insurance companies to ensure that our clients receive fair compensation for their injuries or losses.
If a loved one has been killed in a motorcycle accident due to someone else’s negligence, we can file a wrongful death claim on behalf of the surviving family members. We can also represent clients in court and fight for their rights in front of a judge and jury.
We can provide invaluable legal assistance to clients who have been injured in motorcycle accidents or lost a loved one due to someone else’s negligence. We can help clients navigate the complex legal system and ensure that their rights are protected while seeking justice and compensation.