Miami Motorcycle Accident Lawyer
Miami is no doubt one of the best climates for year-round motorcycle riding. And it is because of that that there are so many accidents. Heavily congested roads with distracted drivers not looking out for motorcycles is what leads to fatalities in Miami and around the country. The Insurance Institute for Highway Safety reports over 4,000 motorcycle fatalities every year, accounting for 13 percent of all traffic fatalities. In Florida, that percentage is even higher at 15, according to Ride Smart Florida. Over 400 motorcyclists die in Florida every year. Because motorcycles offer no protection, occupants of motorcycles are 35 times more likely to die in an accident than if they were in a car.
As members of society and users of the roads, we owe each other a duty to act with care. By this duty we are obligated to always act and drive in ways that do not put the lives of others at risk. If someone causes injury to another by breaching this duty, they may be found negligent and therefore responsible for paying damages owed to the injured party. They can be found negligent by speeding, improper lane changes, swerving, failing to yield, or driving while under the influence of alcohol or becoming distracted by their cell phone. Contact our experienced Miami motorcycle accident lawyers.
Proving Negligence in Miami Motorcycle Accidents
There is usually a negligent party, or multiple negligent parties, in every motorcycle collision. This means that if the proper precautions had been taken, there would not have been an accident. Florida is a pure comparative negligence state, which means that fault, or negligence, can be distributed among multiple parties involved in an accident. As an example, if you were injured in an accident by a driver who failed to yield, yet you were speeding, you both might be found negligent. You might be found 20 percent liable, while the other driver might be found 80 percent liable, meaning that you would only be able to recover 80 percent of your damages from that party instead of 100. Proving negligence is the most important step in recovering damages. If you were not at fault, our aggressive lawyers will help compile evidence showing the other driver’s negligence so that you may receive the full amount that you are owed.
Motorcyclists in Miami Share the Same Rights and Responsibilities as All Other Road Users
As a motorcyclist, you may take up one quarter of the space that the average sized car does, but that does not mean you are any less entitled to the full use of a lane of traffic. You have the same rights and responsibilities to the road that other motorists do, which means you are able to use a full lane. Likewise, the law states that you may not pass on the shoulder or in between cars on the dashed line.
What to do if Following a Motorcyle Accident in Miami
The most important step to recovering damages is proving liability, which an experienced lawyer can help you do. In the state of Florida you have up to four years from the date of the accident to file a personal injury lawsuit against the negligent party. These damages can help pay for your medical bills, lost wages, pain and suffering, and property damage. If you have been injured in a motorcycle accident, give one of our experienced Miami motorcycle accident lawyers a call today to discuss your legal options. The Pendas Law Firm will aggressively pursue your case with our full attention, resources, and passion to ensure the best case scenario for you and your family.
