Left Turn Collisions

The mild climate of the Sunshine State allows motorcyclists to enjoy riding year-round. Florida also hosts several motorcycle enthusiast events, and of course tourists enjoy riding their bikes here as well. With so many bikes on the road, drivers of other motor vehicles should be in the habit of keeping a proper lookout for motorcycles, especially when the motorist is making a left turn. Unfortunately, this does not always happen, resulting in numerous injuries and wrongful deaths to riders every year. The Pembroke Pines motorcycle accident lawyers at Cohn & Smith are here to help people who have been involved in a left turn collision or another crash.

There are around 400 to 500 fatal motorcycle accidents in Florida every year, accounting for 15-20% of all traffic fatalities. In addition, thousands more cyclists are seriously injured in crashes annually. Among the most common injuries for cyclists are:

• Skin lacerations;
• Fractures;
• Damage to the thorax;
• Injuries to the lower extremities;
• Torso injuries;
• Damage to internal organs;
• Amputations; and
• Brain trauma.

Any of these devastating injuries can be life-changing for a rider and his or her family.

Motorcyclists who are hurt due to the careless or reckless conduct of other drivers have a legal right to file a lawsuit. Such a case generally proceeds under the law of negligence, which governs claims in which a person who was injured because someone else did not act with the appropriate care under the circumstances seeks to be compensated for costs and losses such as medical expenses, lost wages, and pain and suffering.

Proving a negligence case involves four basic steps. First, the person who was hurt must show that the defendant owed him or her a duty of care. In a motorcycle accident case arising from a left turn, this duty might come in the form of a driver being required to keep a proper lookout for others on the road and a motorist being obligated to yield the right of way to an oncoming cyclist. Step two, proving a breach of duty, requires the person filing suit to show what the defendant did or did not do that resulted in the duty not being fulfilled.

Also, the claimant must draw a link of causation between the defendant’s breach of duty and the claimant’s damages. This means showing that, but for the breach, the damages would not have occurred.

The last step of a negligence lawsuit consists of proving that the person seeking to recover compensation sustained actual damages, and not just a scare or a close call. Since motorcycle riders are so vulnerable in any type of accident, proving damages is not often a problem, but agreeing on the value of a case, particularly noneconomic damages such as pain and suffering, may be more difficult. It is not uncommon for defendants in negligence cases to attempt to assign some of the fault in an accident to the claimant or possibly a third party. This is called “comparative fault,” and, if proven, it can result in a reduction in the amount recovered proportionate to the amount of fault attributable to the injured person.

If you have been seriously hurt in a motor vehicle collision or lost a family member due to a wrongful death in Pembroke Pines or the surrounding cities, you should speak to a knowledgeable attorney. The Pembroke Pines attorneys at Cohn & Smith have many years of experience representing injured cyclists and their families, and we welcome the opportunity to serve your legal needs. Call us at 954-431-8100 or complete our online form to schedule a free initial consultation at your convenience. Attorney Alan Smith, who is a motorcycle enthusiast himself, or another member of our team will be glad to answer any questions you may have about your legal rights.