Fort Myers Motorcycle Accident Lawyer
There is no such thing as a fender bender when a motorcycle crashes with a passenger vehicle or larger commercial vehicle. The results are almost always traumatic for the motorcyclist, and the injuries severe. Even if a motorcyclist is decked out in a full face helmet, armored riding jacket and pants, leather gloves, and riding boots, it just does not make up for the incredible difference in mass. A 4,000 pound car, made of steel and glass, traveling at just 35 miles per hour creates too much force for the human body to withstand. While helmets are always necessary, though not by law in Florida, they will not always protect a vulnerable motorcyclist from a head on impact of a speeding van or a side impact into a sedan that pulled out in front of them. Injuries sustained in motorcycle crashes often involve extensive road rash, traumatic brain injuries, fractured clavicles, broken ribs, severe facial trauma if the victim was not wearing a full face helmet, severe lacerations of the victim was not wearing proper foot protection, and spinal cord damage. A motorcyclist is 26 times more likely to die with every mile ridden than an occupant of a car, according to the Insurance Institute for Highway Safety. Supersport motorcycles riders have four times the death rate on the road that standard bikers have, while sport motorcycles have twice the death rate. And, unfortunately, motorcycle deaths and injuries are on the rise, especially in Florida due to the revoked helmet law back in 2000. Florida currently has no mandatory helmet law for riders that purchase a minimum of $10,000 in medical insurance, according to the DMV. Rider education classes appear to have no affect on the crash rate of motorcyclists. In Florida there are two primary reasons for the growing number of fatalities in the last decade and a half: the repeal of the mandatory helmet law and distracted drivers. Contact our experienced Fort Myers motorcycle accident lawyers today.
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Drivers Who Fail to Pay Attention Claim that the Motorcyclist Was Invisible
They may not say that the motorcyclist was invisible, per say, but drivers often claim that the motorcyclist “came out of nowhere” or that they “just didn’t see them.” Legally, neither excuse is valid. All road users have a duty to act with care while behind either the steering wheel or a pair of handlebars, and that duty of care includes using extreme diligence to know where other road users are at all times. Drivers must look over their shoulders into into side and rear view mirrors to check blind spots, they must use turn signals in advance and make lane changes slowly and cautiously, and they must pull out of side streets slowly and yield the right of way to those already in the lane. It may be true that a driver that struck a motorcyclist did not see them, but that is only because they did not take the time to look. Cell phones and other electronics, such as GPS devices, are a growing cause of distraction that keeps drivers’ eyes off the road where they should be. This kind of carelessness will be viewed as negligence by a court of law, and drivers that hit motorcyclists in such manners will be held liable for damages.
If you have been hit, contact The Pendas Law Firm at 1-888-573-6327 today to talk with one of our experienced Fort Myers motorcycle accident lawyers. Our successful lawyers understand the pain and suffering you may be experiencing, and we are willing to help you throughout each step of the way to recovering compensation.
What to do After a Fort Myers Motorcycle Accident
Crashes happen no matter your riding skill level and attention to caution. You can ride as defensively as possible and still get struck from behind at a stop light, taken out from the side by a car changing lanes or making an abrupt left across your lane, and, one of the most common and dangerous types of collisions, a car can pull out in front of you from a side street while you’re riding at speed. In that situation, it may not matter how quick your reaction time is, because no amount of braking or maneuvering will magically save you. In 2013, the National Highway Transportation Safety Administration reported that 88,000 motorcyclists were injured in crashes. While other motor vehicle fatalities have been declining, in most years, for the past few decades, motorcycle fatalities are still continuing to increase, according to the Insurance Institute for Highway Safety. It may only be a matter of time before you take a spill because of a distracted or speeding driver. If you have been injured, the financial burden should not be placed upon your shoulders. The negligent party should be held liable for compensation. Contact an experienced motorcycle accident lawyer at once, and in the future, follow the steps outlined below to minimize the stress and impending legal battle that will take place in the aftermath of the crash.
Assess the Situation and Check for Injuries
In a collision that involves two cars, one of the first steps to take is to check on the safety and injuries of your passengers, yourself, and those occupants of the other vehicle. But, because you were unprotected by a roll cage, seat belt, front and side airbags, safety glass, and two tons of steel, it is likely that you were the only seriously injured victim in the crash. If others are seriously injured, it would be an unlikely event that you would be in any condition to provide help or even dial 911. If you are able to move and get up, immediately get off to the side of the road where it is safe. Move your bike if you are able to do so.
Call the Paramedics or Authorities then Exchange Information
If you need medical help, sit tight and remain as calm as possible. You will likely be in shock from the trauma and injuries, and it may be difficult to stay warm. Ask for additional clothing and any comforts you need while the paramedics are on their way. If you are waiting for the police and do not need an ambulance, exchange contact and insurance information with the other party. Take photo evidence and get the stories of all the eyewitnesses that saw the collision, and make sure to jot down their contact information for later. When the police arrive, make sure they make an official accident report and listen to your full and complete side of the story.
After the Crash
Seek medical attention immediately, as injuries will grow worse in the next 24 hours. Next, contact your insurance provider and call the most popular Fort Myers motorcycle accident lawyers. Contact The Pendas Law Firm at 1-888-573-6327 today to discuss your legal options for compensation with one of our experienced Fort Myers motorcycle accident lawyers.