I was very pleased and satisfied with my experience with Mr. DeBerard and his staff. They really cared about my case and it showed. They went above and beyond my expectations to achieve far more for me than I thought was possible. They explained the process every step of the way and were there for me from beginning to end. I highly recommend Mr. DeBerard and his staff to anyone who needs this type of legal assistance.READ MORE REVIEWS
Types of Motorcycle Accidents
When you are injured in a motorcycle crash, it is important to determine the cause of the accident. A Florida motorcycle accident attorney can help by conducting a thorough investigation of your case.
At Philip DeBerard, Injury Attorney, we analyze a variety of sources to determine the type of motorcycle accident that occurred in a client’s case. This includes the examination of police reports, accident scene photos, cell phone data and other records. We also consult with accident reconstruction experts and others.
Once it is determined how your crash occurred, you can move on to the next step of seeking compensation from those who caused you to suffer injuries and losses.
To learn how we can help you, including our approach to investigating different types of motorcycle crashes in South Florida and the Treasure Coast, call us today at 1-800-299-8878 or reach us through our online form. Philip DeBerard, Injury Attorney, offers free initial consultations.
Most Common Types of Motorcycle Crashes
Florida law allows injured victims to file a personal injury action for accidents that result in serious injuries or a wrongful death claim for accidents that cause death.
This means that when a driver makes a mistake that causes a motorcycle accident, he or she can be held responsible for paying damages that include medical bills, lost wages, pain and suffering, emotional distress and/or wrongful death damages.
To obtain compensation for these damages, however, a motorcycle rider must show what the root cause of the crash was.
Based on our experience, Philip DeBerard, Injury Attorney, sees the following as the most common causes of motorcycle accidents:
- Speeding – According to the Governors’ Highway Safety Association (GHSA), around 35 percent of fatal wrecks involving motorcycles involve speeding.
- Driving while distracted – According to Distraction.gov, a total of 18 percent of all injury crashes in the U.S. were caused by a driver who wasn’t paying attention to the road. A driver on his or her cell phone is far more likely to hit a motorcycle rider than someone focused on the task of driving.
- Driving under the influence – According to Monash University data, drunk-driving motorcycle accidents were more likely to be single-vehicle wrecks than multi-car accidents. The Insurance Institute for Highway Safety also reported that approximately 31 percent of motorcycle drivers involved in fatal accidents had a blood alcohol content that exceeded the .08 limit.
- Driving while fatigued – When a driver is overtired, he may be just as impaired as a driver who is drunk. A recent Centers for Disease Control (CDC) study indicated that as many as 4.2 percent of drivers throughout the U.S. had fallen asleep at the wheel within the month prior to being surveyed. A dozing driver may miss a motorcyclist entirely.
- Failing to yield – Based on data provided by the Gold Wing Touring Association, a failure to yield is a top cause of motorcycle crashes, responsible for around two-thirds of all multi-vehicle motorcycle wrecks.
- Road defects – A road defect is a problem with the road itself. The Gold Wing Touring Association cites road defects as the cause of around 2 percent of motorcycle wrecks and animal involvement as the cause of 1 percent of crashes. When a road defect is the cause of a crash, the motorcyclist may be able to take action against the entity responsible for maintaining the road.
- Motorcycle defects – Vehicle defects are described as a rare cause of motorcycle crashes. In most cases, when a vehicle defect causes a problem, it was caused by improper or insufficient maintenance.
While drivers of passenger vehicles may be at fault for not acting with reasonable care to protect motorcyclists, motorcycle riders may also make mistakes. In fact, a study conducted by Monash University indicated that the motorcyclist contributed to causing around two-thirds of all multi-vehicle motorcycle accidents. Typically, the motorcyclist’s mistakes or negligence involved the failure to respond or inappropriate positioning.
Even when a motorcyclist bears some responsibility, however, he or she is not necessarily disqualified from making a damage claim. A negligent motorcyclist may still recover partial compensation for losses under Florida’s comparative negligence rules.
Get Legal Help from a Florida Motorcycle Accident Lawyer Today
Determining the type of motorcycle accident you were involved in is just one important step in understanding your legal rights and in obtaining monetary compensation for your injuries from those who were responsible for hurting you.
An experienced Florida motorcycle accident lawyer at Philip DeBerard, Injury Attorney, can assist you in determining who is to blame for your accident, gathering evidence to prove your case and seeking the maximum amount of compensation by going to court or negotiating a settlement.
To learn more about how we can help after your motorcycle accident, give us a call at 1-800-299-8878 or schedule a free consultation by using our online contact form. We work with clients throughout South Florida and the Treasure Coast.
- Florida Traffic Crash Facts, 2011, Florida Department of Highway Safety and Motor Vehicles
- Fatal Two-Vehicle Motorcycle Crashes, National Highway Traffic Safety Administration
- Motorcycles, Insurance Institute for Highway Safety
- Motorcyclist Traffic Fatalities by State, Governors Highway Safety Association
- Case-control study of motorcycle crashes, Monash Injury Research Institute
- Drowsy Driving — 19 States and the District of Columbia, 2009–2010, Centers for Disease Control and Prevention
- Motorcycle Accident Cause Factors and Identification of Countermeasures, Gold Wing Touring Association