Miami Motorcycle Accident Lawyer: Sean M. Cleary

Motorcycle Accident in Miami: Serious Injuries

National Highway Traffic Safety Administration data shows that, on average, 606 deaths are attributed to motorcycle crashes in Florida each year. Miami-Dade County tops the list with 67 deaths and Broward is third with 42 fatalities.

Motorcycle fatalities take up 14% of all motor vehicle deaths, despite the fact that motorcycles account for less than 1% of all miles driven. Motorcycle fatalities have doubled in the last 10 years, even though vehicle fatalities are decreasing for cars and trucks. Regarding age, young adults ages 20-24 are more likely to suffer fatal injuries in motorcycle accidents.

Motorcycle accidents are considered the worst type of crashes since motorcycles do not offer their riders much protection and can be driven at high speeds. Researchers have noted that 98% of motorcycle accidents result in serious injuries. Whether it is a distracted driver, reckless driving, roadway defect or a defective component, results are the same: motorcycle riders suffer catastrophic injuries that affect the rest of their lives and that of their families.

Many crashes end in serious injury or death. According to the NHTSA, a rider is 8 times more likely to be injured and 37 times more likely to die in a motorcycle accident than the occupant of a car in an automobile accident. Some of the frequent motorcycle accident consequences include:

• Spinal cord injuries
• Paraplegia
• Quadriplegia
• Brain injuries
• Broken bones
• Amputations
• Lacerations
• Internal bleeding
• Organ damage
• Herniated discs
• Road burn
• Death

Motorcycle Accident in Miami: Determining Fault

When it comes to determining who was at fault in a devastating motorcycle accident, several parties might be held accountable.

• Driver Error. The most common accident is when a car turns in front of a motorcycle, hits the motorcyclist while changing lanes, or runs into him or her at a stoplight. The usual reasons for the driver not seeing the motorcyclist are inattention, blind spots, distractions, and that the driver is looking for cars rather than motorcycles. Motorcycles can fit without difficulty in blind spots and drivers in cars and trucks may have a hard time accurately knowing how close motorcyclists are to their vehicles and may be unable to judge their speed, increasing the chance of an accident.
• Drivers, Owners, and Employers. Drivers and owners of vehicles who cause an accident are responsible for the injuries inflicted by the wreck. Motorcycle accident victims can also file third-party liability claims, in case the driver responsible for the crash was in the course of his employment at the moment of the collision.
• Faulty Equipment. Accidents can take place even when no driver is at fault. Vehicle defects that go undetected by the manufacturer can cause an accident, or deficient safety equipment may fail to protect the motorcyclist the way it should. When products fail and cause harm that should have been avoided, an experienced lawyer may find it necessary to pursue a product liability case. Product liability claims might also be filed against government agencies or other entities responsible for roadway design or maintenance in case this was a contributing factor to the accident. Motorcycle accident victims can also file third-party liability claims, in case the driver responsible for the crash was in the course of his employment at the moment of the collision.
• Manufacturers. If a defective motorcycle design, manufacture, or assembly contributed to the accident, the maker would be a target defendant in the case. If there is a failure in safety gear, for example, a helmet that didn’t guard against harm the way it was supposed to, then the manufacturer and seller would be additional sources of recovery.
• Dangerous Conditions. Motorcycle technology has advanced over the years to increase rider safety. Many bikes now come fitted with anti-lock braking systems and traction control. These developments still may not exclude all dangers. Poorly maintained roads, liquids that are leaked or spilled on surfaces, or inadequately engineered streets and highways can lead to accidents and injuries.
• Sometimes the process of establishing liability can be quite complicated. For example, a vehicle that hits another motorist while making a left-hand turn is usually liable for the resulting crash. If however the motorcyclist was traveling at excessive speed or was passing the vehicle within the same lane, he or she is partially at fault for the accident, and recoverable damages are reduced.

Motorcycle Accident in Miami: Pursuing Damages

The losses from motorcycle accidents can be 4 to 12 times higher than those from other vehicular accidents. A skilled motorcycle accident lawyer can help you recoup many of the expenses from an accident.

• Medical Bills. Catastrophic injuries sustained in a motorcycle crash can trigger huge bills. Hospitalization at a trauma center for a brain injury can cost upwards of $30K to $40K. You may be able to recover the costs for any hospital stays doctors’ visits, surgery, diagnostic tests, chiropractic care, and physical and rehabilitative therapy. If your conditions require ongoing treatment, you may be entitled to the costs of future medical care.

• Pain and Suffering. A motorcycle accident may inflict a wide range of injuries, whether they are longer-term, such as broken bones, temporary, such as road rash, or disabling, such as a severed spine or trauma to the brain. To ensure that you are compensated with the full amount that your injuries warrant, you will need the help of an expert lawyer who has the knowledge and experience to evaluate your claim best.
• Wage Loss. All your lost wages may be included in any claim for recovery if your injuries prevent you from working. Reimbursement may be available even if you used sick leave or vacation time during the recovery period. If your injuries leave you permanently disabled and unable to work ever again, a lawyer, in conjunction with an economist, can calculate your future losses and recover for your reduction in earning capacity.
• Punitive Damages. Aimed at punishing a party at fault, these types of damages are rare in motorcycle accident cases, but they may be applicable in certain instances, such as when a driver who caused the motorcycle crash was driving while under the influence of alcohol or was motivated by road rage.