What Are My Chances of Being Hurt or Killed in a Motorcycle Accident?

As a South Florida motorcycle accident lawyer can attest, motorcycles remain extremely vulnerable vehicles. According to the National Highway Traffic Safety Administration, motorcyclists are 28 times more likely to die in a crash and four times more likely to be injured than those involved in a car accident.

Common Causes of Motorcycle Accidents in South Florida

Below are some leading causes of motorcycle accidents in South Florida that contribute to these sobering statistics.

Lack of Awareness by Other Drivers

Motorcycle riders are more vulnerable than drivers of other vehicles like cars because they lack the protection of an enclosed vehicle’s frame, airbags, and seat belts. Unfortunately, many other vehicle drivers do not see or anticipate motorcycles, especially when they change lanes, turn, or enter an intersection.

As personal injury lawyers have seen firsthand, distracted driving, such as texting, talking on the phone, or eating reduces the attention of drivers and increases the probability of an accident.

To reduce your risk of being hit by a car or truck, make yourself visible by wearing bright colors and reflective gear, using your headlights and turn signals, and positioning yourself in the lane where you can be easily seen.

Speeding and Reckless Driving

The motorcycle community can vouch for the speed and thrill of this type of vehicle; however, speeding, lane splitting, and engaging in otherwise reckless behavior can lead to severe and even fatal consequences. Speeding reduces your reaction time and increases the force of impact in case of a crash, making it harder to avoid or survive a collision.

Reckless driving, such as weaving in and out of traffic, tailgating, or ignoring traffic signals, endangers you and puts other road users at risk. To stay in control of your motorcycle, ride defensively by obeying traffic laws, adjusting your speed to meet the road conditions, and avoiding risky maneuvers.

Impaired Driving

Operating your motorcycle while intoxicated is a serious offense that can lead to injury, death, and legal consequences. Even if your blood alcohol level is below the 0.08% legal limit for driving in Florida, it can still negatively impact your judgment, vision, coordination, and balance.

Alcohol and drugs can also lead to aggressiveness, overconfidence, and risky behavior that contributes to poor decision-making and reduced situational awareness. A motorcycle accident attorney with experience in these cases can attest to the benefits of planning ahead, designating a sober driver, and using public transportation or ride-sharing services in the prevention of accidents.

Treacherous Road Conditions

South Florida roads present challenges for motorcyclists because they can be jammed with traffic, uneven, wet, slippery, or filled with debris. Potholes, gravel, sand, and oil spills can cause a loss of control, a skid, or a crash, leading to property damage and bodily harm. Furthermore, road construction and maintenance can create detours, narrow lanes, or unexpected obstacles demanding quick reflexes and maneuvers.

To prepare for treacherous road conditions, check your tires and brakes regularly, adjust your speed and position to the surface and weather, and remain alert for warning signs and markings.

Mechanical Failures and Defects

As with any other motor vehicle, motorcycles require regular maintenance and inspection for proper functioning and safety. Malfunctioning brakes, tires, lights, or steering can cause a breakdown, a loss of control, or a collision. Additionally, manufacturing defects or recalls can hinder the performance of a motorcycle, putting riders at risk.

To avoid mechanical failures and defects, follow the manufacturer’s instructions for maintenance and repairs, perform a pre-ride check before every trip, and respond promptly to any warning lights or unusual noises.

Steps to Take Following a Motorcycle Accident in South Florida

If you’ve been in a motorcycle accident in Florida, there are several steps you need to take to protect your health and legal rights. Here’s what we advise:

1. Seek Medical Attention

The first step and priority after a motorcycle accident is to seek medical attention. Even if you feel fine, you need to be checked out by a doctor to ensure you have no underlying injuries.

2. Contact the Police

Contact the police and report the accident. It’s critical to have an official record of the accident, including a police report, as it will be useful when you file an insurance claim.

3. Gather Information

Collect as much information as possible at the scene of the accident. This includes the name, contact information, and insurance information of the other driver(s) involved in the accident and any witnesses who may have seen what happened.

4. Take Pictures

Take pictures of the accident scene, including any damage to your motorcycle, the other vehicle(s) involved, and any injuries you may have sustained.

5. Contact Your Insurance Company

Contact your insurance company as soon as possible to report the accident. Your insurance company will guide you through the process of filing a claim.

6. Consult a Personal Injury Attorney

If you’ve been injured in the accident, consult a motorcycle accident attorney who can help you understand your legal rights and guide you as you pursue compensation for your injuries. Our personal injury attorneys offer free consultations and work on a contingency basis — meaning we are only paid if we win your case.

Identifying Hidden Injuries in a Motorcycle Accident — Steps to Protect Your Legal Rights and Best Interest

After a South Florida motorcycle accident, seeking medical treatment immediately is crucial for multiple reasons.

• To ensure your injuries are properly documented.
• To prevent any hidden injuries from becoming worse.
• To provide evidence for your insurance claim.
• Hidden Injuries: Hidden injuries — including internal bleeding and whiplash — can negatively affect your health and well-being. Seeking medical care from South Florida healthcare professionals ensures that you have access to the necessary tests and examinations to reveal any physical damage that may not be readily apparent.
• Timely Medical Evaluation and Diagnosis: When you seek a medical diagnosis and treatment program as soon as possible, you significantly improve your recovery outlook. If left untreated, physical damage like internal bleeding or harm to internal organs can lead to severe — and even fatal — complications. Immediately following a motorcycle crash, seek medical attention to identify and resolve known or unknown personal injury consequences.
• Documentation to Support Your Motorcycle Accident Claim: When seeking to ease the financial burden of a motorcycle accident, medical records provide evidence of your personal injury, offering detailed information concerning the extent and severity, and ensuing treatment. This information contains the medical bills from your treatment, which supports your case and your efforts to pursue maximum compensation.
• Establishing a Causal Relationship Between the Accident and Personal Injury: As an experienced motorcycle accident lawyer knows, when accident victims seek immediate medical attention, it strengthens a motorcycle accident claim by identifying the connection between the accident and the personal injury consequences. Delaying medical care gives the insurance company, insurance adjuster and others on the opposing side the ability to argue that the accident is not responsible for any personal injury sustained.

A Motorcycle Accident Lawyer Explains What Types of Damages a Rider Can Pursue

Per the Florida Statute, a motorcyclist can pursue the following damages against the at-fault driver for the following.

• Medical Expenses: Motorcyclists in Florida can pursue damages to cover medical bills incurred due to the accident, including hospitalization, surgery, medication, rehabilitation, and ongoing medical care.
• Lost Wages: Riders may seek compensation for lost wages if the injuries sustained in the accident prevent them from working, both temporarily and permanently.
• Pain and Suffering: Damages can be sought for the physical pain, emotional distress, and mental anguish experienced due to the accident and injuries suffered as a consequence.
• Property Damage: Riders can claim damages to cover the repair or replacement costs of their motorcycle and any other property damaged in the accident.
• Loss of Enjoyment of Life: Compensation can be pursued for the loss of ability to participate in activities previously enjoyed due to the injuries sustained in the accident.

In 2023, Florida enacted tort reform, changing the statute of limitations from four years to two years from the date of the accident and injury. It also put the state on a modified comparative negligence system, meaning, if determined to be more than 50 percent responsible for their injury, a motorcyclist is ineligible to recover damages. However, every case is unique and exceptions may apply, so consult a motorcycle accident lawyer at Cohen & Juda, P.A. to schedule a free case evaluation.