Common Injuries in Motorcycle Accidents
The climate of South Florida can be very appealing to motorcyclists, making them a common sight on our roadways. Unfortunately, not all motorists respect riders’ right to share the roadway, and accidents do happen. Because of the relative vulnerability of a rider, common injuries in motorcycle accidents may be serious, and fatalities are more likely than in other types of accidents. If you or a loved one has been hurt in a crash, the experienced Pembroke Pines motorcycle accident attorneys at Cohn & Smith can explore your legal options with you.Common Injuries in Motorcycle Accidents
When a motorcycle is involved in a collision, the rider lacks the protection of an enclosed vehicle. This often results in injuries such as road rash, injuries to the feet and legs, lacerations, contusions, concussions, fractures, traumatic brain injury (TBI), amputations, and paralysis. While any of these injuries can happen in a collision between two cars as well, a rider is more likely to suffer more serious injuries because of the lack of a seat belt, the probability of being thrown from the bike, the position of the handlebars, and the natural inclination to try to stop a fall with one’s arms or legs. Although proper gear (such as a helmet, sturdy clothing, and appropriate shoes) can help, a motorcycle’s impact with a larger vehicle still can be devastating to the motorcyclist.
If a motorcycle crash is caused by the careless actions of the driver of a passenger car or truck, the injured rider has a legal right to seek damages through a negligence lawsuit. In proving negligence, the victim must show four things, and each of these must be proven by a preponderance of the evidence. First, the victim must prove that the defendant owed him or her a legal duty. Under Florida law, there are many rules of the road that all drivers must obey, and these can be used to imply a particular duty in many cases, such as the duty to keep a proper lookout. The second step is to prove that the defendant breached, or failed to uphold, the duty. For instance, if a driver changed lanes without checking for other vehicles, he or she may have breached the duty to keep a proper lookout.
The third step in a negligence lawsuit consists of proving that it was the defendant’s breach of duty that caused the accident. This step is usually called “causation” or “proximate cause.” Finally, the plaintiff must have incurred damages because of his or her injuries. These damages typically include medical expenses, lost wages, and pain and suffering. A victim may be compensated for both past and future costs and losses, since common injuries in motorcycle accidents may be devastating and may have a significant impact on a victim's future.Explore Your Options with a Motorcycle Accident Attorney in Pembroke Pines
Defendants in motorcycle accident lawsuits often fight hard against a finding of liability, trying to pin the blame on the rider through accusations of comparative fault or other tactics. Thus, it is critically important that an injured motorcyclist retain counsel as soon as possible after an accident. The Pembroke Pines lawyers at Cohn & Smith help injured residents of South Florida assert their rights. Call us at (954) 431-8100 or contact us online to schedule a free appointment to discuss your case. There is no legal fee unless and until your case is settled or a judgment is entered in your favor. Our motor vehicle collision attorneys also represent victims in Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, Aventura, and communities throughout North Dade County.