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Category: Motorcycle Accidents

  • Suing for wrongful death after a motorcycle accident

    Losing someone you care about due to the carelessness or bad choices of another is incredibly heartbreaking. You most likely want that individual to take responsibility for their actions. You may be able to sue them for wrongful death, but you must prove their negligence, which is usually a challenge.

    Who can file?

    In Florida, only the personal representative is eligible to file a wrongful death lawsuit on behalf of the deceased’s surviving family members. If the deceased person has a will, the personal representative they appointed before their passing may file a claim. In the absence of a will or a designated representative, the court will appoint someone for them.

    Even if the individual filing the claim is the personal representative, the damages of a wrongful death claim are paid to the victim’s estate and beneficiaries. The victim’s beneficiaries may include their spouse, minor children, living parents and dependent relatives.

    What qualifies as a wrongful death claim?

    While the loss of a loved one may always feel wrong, there are some legal conditions that must be met to claim wrongful death:

    • A family member died because of someone else’s negligence or intentional misconduct
    • The deceased person’s wrongful death resulted in financial loss for their surviving family members

    To be negligent is to fail to take the usual safety measures or exercise the level of care that a reasonable person under similar circumstances would take. Drunk driving, distracted driving, speeding or beating a red light are just examples of negligent behavior on the road.

    However, in some cases, the person liable for the accident is not another motorist but the entity responsible for maintaining the road or the manufacturer of the vehicle. This may apply if there were a lack of road signage or defects in the vehicle. An attorney can help you figure out who is at fault and evaluate the strength of your case.

    It is completely understandable to find the legal process overwhelming, especially when you are still coping with the loss of your loved one. You may even think that filing a wrongful death claim is not worth pursuing. However, if your loved one’s death was the product of someone else’s wrongdoing, filing a case may help you and your family get compensation for your financial losses and bring justice to your loved one.

  • What you need to know about motorcycle ABS

    Motor vehicle accidents involving motorcycles often result in fatal injuries. The state of Florida alone averages over 500 deaths from motorcycle accidents every year. The presence of antilock braking systems (ABS) may reduce the number of fatal motorcycle crashes.

    Purpose of ABS

    If you need to brake suddenly while on a motorcycle, you can destabilize it. This leads to one of the wheels locking and the motorcycle sliding or overturning. This often leads to fatal motorcycle accidents. The ABS system stops wheel locking on motorcycles. This increases the motorcycle’s stability.

    Methods used by ABS

    When you apply a hard brake, the ABS systems analyze whether it may turn into a skid. If a skid becomes likely, the ABS system begins to alternate between releasing and applying brakes. This allows the driver to come to a stop without losing complete control.

    ABS in cars vs. motorcycles

    The National Highway Traffic Safety Administration began requiring all new passenger vehicles in the U.S. to include ABS in 2013. Models made before 2013 may still include ABS. The government required most commercial trucks and busses to include ABS beginning in 1999.

    For cars that do not feature ABS, owners may experience a simple slide that may result in a crash. Motorcycle owners without ABS may slide and fall off their vehicles.

    ABS in motorcycle statistics

    Studies of motorcycle crashes by the Insurance Institute for Highway Safety found these encouraging statistics about motorcycles with ABS installed:

    • The fatal crash rate decreases by 22% on motorcycles with ABS.
    • Accident insurance claims reduce by 21% on motorcycles with ABS.
    • ABS improves stopping distance on wet and dry surfaces.
    • ABS helps new and experienced drivers stop more quickly.

    Purchasing a motorcycle with ABS included may cost a little more until the systems become mandated. But taking this extra step may save your life.

  • Tips to prevent motorcycle accidents

    Florida had an estimated 620,077 registered motorcyclists in 2022. The warm and sunny weather encourages many residents to ride motorcycles. But the joy of riding in Florida isn’t without its dangers.

    Motorcyclists have a high risk of accidents on local streets. Here are some tips to prevent motorcycle crashes and make your rides safer.

    Practice caution at intersections

    Motorcycle accidents occur often at intersections. Some drivers are notorious for running red lights. This is why motorcyclists should wait a second before stepping on the gas. Also, anticipate what the driver in front of you intends to do. Watch carefully for turn signals.

    Make yourself visible

    Motorcyclists are sometimes easy to miss – especially at night. Consider wearing bright colors and reflective gear. Or go a step further and add bright colors and reflective gear to your motorcycle. And remember, your headlight makes you visible during the day and night.

    Pay attention to road conditions

    Bad roads are hazardous for motorcyclists. Driving over a pothole could cause you to crash. A rocky or bumpy road could also cause a motorcycle accident. Watch for road hazards during your ride.

    Wear a helmet

    A motorcycle helmet can’t prevent an accident. But it might save your life should an accident occur. Failing to wear a helmet could result in brain injury from an accident.

    Avoid speeding

    Motorcycles are built for speed – but not when you’re on public roads. Save the speeding for track racing. Speeding is a cause of accidents for motorcycles and other motor vehicles. Slow down and drive the speed limit.

    The tips mentioned here will make your rides safer. When you practice safety, the roads become safer for everyone.

  • How car accidents compare to motorcycle accidents in Florida

    Regardless of the kind of vehicle you are driving in Florida, getting into an accident is both dangerous and regrettable. There could be injuries and property damage, not to mention the emotional stress that comes with being involved in a collision. However, there are some key things you should know to protect yourself and your loved ones better when it comes to car or motorcycle accidents.

    Common causes: Car vs. motorcycle accident

    Cars and motorcycles have some similar causes of accidents: distracted driving, speeding, intoxication and following too closely. However, there are also unique risks that come with driving each type of vehicle. For example, motorcycles have a higher chance of being hit by another car because they are much smaller and harder to see on the road. They are also more likely to be involved in single-vehicle accidents because of their instability.

    On the other hand, cars are more likely to be involved in accidents with multiple vehicles. This is because they are much larger and can cause more damage if they collide with another car. They are also more likely to roll over, which can be incredibly dangerous for the driver and passengers.

    Fatality rates

    Motorcycle accidents have a higher fatality rate than car accidents. A report by the Insurance Information Institute showed that, per 100,000 registered motorcycles, there were 59.34 deaths. This number is nearly six times higher than the fatality rate for cars, which was 10.05 per 100,000 registered vehicles.

    Of course, the best way to protect yourself on the road is to drive safely and defensively. This means being aware of your surroundings at all times, obeying the speed limit and not driving under the influence of drugs or alcohol. However, even if you are a safe driver, there is always the possibility that another driver will make a mistake and cause an accident. If this happens, you have the option of filing a personal injury claim to help cover the cost of your medical bills and other damages.

  • What really causes motorcycle accidents in Florida?

    Motorcycle accidents are some of the most common and dangerous types of accidents on the road. Although many people attribute these accidents to speeding, there are actually a number of other factors that can contribute to a motorcycle crash.

    Poor visibility

    One of the most common causes of motorcycle accidents is simply not being seen by other drivers. Motorcycles are much smaller than other vehicles on the road, which can make them difficult to spot. Drivers of larger vehicles may not see a motorcycle until it is too late, resulting in a collision.

    Poor road conditions

    Potholes, debris and wet or icy roads can be dangerous for motorcyclists. These conditions can cause a rider to lose control of their bike, leading to an accident. For instance, potholes can cause a motorcycle to veer into oncoming traffic or off the road entirely.

    Inexperience

    Many motorcycle accidents are caused by inexperienced riders who are not familiar with the proper way to operate a motorcycle. These riders may not know how to handle their bike in different weather or road conditions, which can lead to a crash.

    Mechanical problems

    Mechanical problems with the motorcycle itself can also lead to fatal accidents. If a bike has faulty brakes or tires, it can be very dangerous for the rider and can easily lead to an accident. Similarly, if a motorcycle is not properly maintained, it is more likely to cause an accident. This is why mechanics and motorcycle manufacturers are sometimes held liable for motorcycle accidents.

    These are just some of the main sources of motorcycle accidents. If you are a rider, it is important to be aware of these dangers and take steps to avoid them. Always wear proper safety gear, ride defensively and maintain your bike to help reduce your risk of being involved in an accident.