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Boca Raton Motorcycle Accident Lawyer

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Home > Boca Raton Motorcycle Accident Lawyer

The Boca Raton motorcycle accident lawyers with Hersh Kirtman Injury Law can help you if you or a loved one has been injured or killed in a motorcycle accident in Palm Beach County. Riding a motorcycle can be exhilarating, economical and environmentally friendly compared to driving a car, but it is far more dangerous. Motorcycle riders are anywhere from 28 to 36 times more likely to die in a vehicle collision than people traveling in a car. In 2021, 621 people lost their lives to motorcycle accidents in Florida, and 7,397 more were injured. In Palm Beach County alone, there were 386 motorcycle crashes in 2021, causing 29 fatalities and 314 injuries, according to Florida Highway Safety and Motor Vehicles report.

Boca Raton motorcycle accidents are frequently caused by distracted and drunk drivers, posing a heightened risk to motorcyclists due to inattentiveness and impaired judgement. Proving distracted driving as the cause of an accident can be particularly challenging.

Hersh Kirtman Injury Law will be there by your side after your motorcycle crash. We will guide you through the medical and legal processes and help you through this difficult time while seeking to maximize the financial compensation you receive for the damages caused to you and your loved ones. Contact our experienced Boca Raton personal injury lawyers today.

Florida Motorcycle Helmet Laws

Florida motorcycle helmet laws vary depending on the age of the rider. For riders over 21 years old who carry at least $10,000 in medical insurance coverage, wearing a helmet is not mandatory. However, these riders must wear protective eyewear while operating a motorcycle. For riders under 21 years old, Florida law requires them to wear helmets that meet the Department of Transportation (DOT) standards. The helmet must be securely fastened and have a chin strap. Motorcyclists must be aware of and comply with these regulations to ensure their safety and legal compliance while riding in Florida.

While Florida law does not require a helmet in every scenario, not wearing a helmet may result in a reduced recovery, or no recovery, in the event of a crash resulting in physical harm or death. Florida law has comparative fault laws that reduce a victim’s recovery if the victim is found to be partially or entirely at fault. Following a crash resulting in a harm, the insurance company, defendants, and ultimately the jury, will consider whether the victim took any action that was itself unreasonable and negligent, contributing to the harm. When motorcycle riders do not wear helmets and suffer injuries to their head or face, they are often found comparatively at fault, particularly when a helmet would have prevented some or all of the injuries.

Wearing a helmet is the safe thing to do, and so no matter what is required, we always recommend wearing a helmet–it can save your life.

Compensation for Motorcycle Accidents in Boca Raton

If a motorcycle crash was caused by the negligence of another party, injured motorcyclists can pursue a personal injury claim to seek compensation for their damages. These damages may include medical expenses, lost wages, pain and suffering, and property damage. It is crucial to gather evidence such as police reports, witness statements, medical records, and photographs to support the motorcycle accident claim.

Motorcycle accident victims may also be eligible for compensation through their own insurance policies. Florida law requires all motorists to carry personal injury protection (PIP) coverage, which provides benefits for medical expenses and lost wages regardless of fault. Additionally, uninsured/underinsured motorist (UM/UIM) coverage can provide compensation if the at-fault driver does not have adequate insurance coverage.

In cases where the motorcycle accident results in severe injuries or wrongful death, seeking compensation through a personal injury lawsuit or wrongful death claim may be necessary to try and recover the critical compensation needed to assist in recovery and financial losses. It is important to file a motorcycle accident lawsuit within the statute of limitations in Florida to ensure your right to seek compensation is preserved.

Consulting with an experienced motorcycle accident attorney is highly recommended to navigate the legal process, assess the claim’s value, negotiate with insurance companies, and represent the injured party’s best interests in court if needed.

Common Motorcycle Accident Injuries

Motorcycle accidents lead to various motorcycle injuries that cause financial, physical, and mental hardships. Common motorcycle accident injuries that riders sustain include:

  • Head injuries: Traumatic brain injuries (TBIs) are a significant concern for motorcyclists. Even with helmets, riders can suffer concussions, skull fractures, or more severe brain damage upon impact.
  • Road rash: When a motorcyclist slides across the pavement during an accident, it can cause painful abrasions known as road rash. This injury can range from minor scrapes to deep lacerations that may require skin grafts.
  • Fractures and broken bones: Motorcycle accidents often result in broken bones, such as fractures in the arms, legs, hands, or collarbones. These injuries can vary in severity, from simple fractures that heal with casts to complex fractures requiring surgical intervention.
  • Spinal cord injuries: Motorcyclists are at risk of spinal cord injuries that can lead to partial or complete paralysis. Damage to the spinal cord can cause loss of sensation, mobility, and control over bodily functions.
  • Soft tissue injuries: Ligament and muscle damage, sprains, strains, and contusions are common soft tissue injuries. These injuries can cause significant pain, swelling, and limited mobility.
  • Internal injuries: Motorcycle accidents can cause internal injuries, including damage to organs like the liver, spleen, or kidneys. These injuries may require immediate medical attention and surgical intervention.
  • Emotional and psychological trauma: Motorcycle accidents can also result in emotional and psychological trauma. Post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues can develop following a traumatic accident.

It’s crucial for motorcycle accident victims to seek immediate medical attention to assess and treat their injuries. Additionally, consulting with a personal injury attorney experienced in motorcycle accidents can help victims understand their legal rights and pursue compensation for their injuries, medical expenses, lost wages, and pain and suffering.

Causes of Motorcycle Accidents and How Our Attorneys Can Help

The leading causes of motorcycle accidents include the negligence of the rider, another driver’s negligence, or road construction defects. Unlike an auto accident, when injured drivers are hurt in a motorcycle crash, they cannot turn to their personal injury protection (PIP) coverage to cover their medical expenses and lost wages caused by the crash. Instead, motorcycle crash victims seeking compensation must pursue legal action against the party or parties that caused their injuries. In doing so, they may potentially recover past and future medical bills, lost income, and compensation for pain, suffering, mental anguish, and inconvenience caused by the crash. Hersh Kirtman Injury Law represents injury victims in these claims against negligent drivers and others that harm motorcyclists, and we help them recover significant compensation to deal with the harm inflicted on them.

Sadly, injured riders often suffer serious injuries, sometimes leading to death. This makes pursuing a claim, and pursuing the right claim, that much more important. If a rider or passenger is left with a brain injury, amputation, or other catastrophic injury, obtaining compensation might be crucial to providing necessary future medical care and financial security in the absence of future wages. Consulting with an experienced motorcycle accident attorney can be vital in demonstrating non-economic losses and investigating potential sources of liability. Insurance companies defend claims by motorcycle riders aggressively, playing into the bias many jurors have against motorcyclists. The motorcycle accident attorneys at Hersh Kirtman Injury Law know how to handle that bias, as well as several other complexities often found in motorcycle crash cases, including issues relating to helmets, facial fractures when a helmet was worn, and defects in the helmet or motorcycle.

Motorcycles are more sensitive to potholes, cracks, and other road defects. When defects in road construction are to blame for a motorcycle accident, our lawyers work to identify the road agency or contractor responsible for the negligent design, construction or maintenance that is responsible for the crash. Our Boca Raton motorcycle accident attorneys have expertise in this area and have achieved several multi-million dollar results for accident victims injured due to road construction defects. If a road is unsafe due to the way it was designed or built, such as with substandard materials or blind curves, or if it was negligently maintained with improper or obstructed signage or surface defects, additional avenues of recourse and compensation may exist. We will investigate those avenues and pursue claims on your behalf holding road designers and contractors accountable when their negligence plays a role in the motorcycle crash.

Contact an Experienced Motorcycle Accident Lawyer in Boca Raton, FL Today

Hersh Kirtman Injury Law can help if you’ve been injured in a motorcycle accident in Palm Beach County or if you lost a loved one in a fatal motorcycle crash. Our motorcycle accident attorneys work with you personally from your first meeting all the way through to the successful resolution of your case. We are your attorneys, counselors, advocates and friends, committed to getting you the best result we can. Contact our experienced Boca Raton motorcycle accident attorney today.

Hersh Kirtman Injury Law are here to help you pursue the maximum compensation you deserve. Reach out to our Boca Raton motorcycle accident attorneys at (561) 208-3700 to explore your legal options. Your initial case evaluation is free!

Frequently Asked Questions About Motorcycle Accidents in Boca Raton

1. What should I do if I am involved in a motorcycle accident in Boca Raton?
If you are involved in a motorcycle accident, the first priority is to seek medical attention. Even if you feel fine, some injuries may not be immediately apparent. After that, gather evidence such as photos, witness statements, and police reports. It’s crucial to contact an experienced motorcycle accident attorney to discuss your case and explore legal options for seeking compensation.

2. How can I receive compensation after a motorcycle accident in Florida?
Motorcycle accident victims can seek compensation through personal injury claims, which can cover medical bills, lost wages, pain and suffering, and property damage. Florida law also provides Personal Injury Protection (PIP) coverage, although it is more limited for motorcyclists. If the at-fault driver is uninsured or underinsured, you may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage.

3. Do I need a helmet when riding a motorcycle in Florida?
In Florida, helmet laws vary by age. Riders over 21 are not required to wear helmets if they carry at least $10,000 in medical insurance, but they must wear protective eyewear. Riders under 21 must wear helmets that meet Department of Transportation (DOT) standards. However, wearing a helmet is always recommended, as it can help prevent serious head injuries.

4. What are common injuries sustained in motorcycle accidents?
Motorcycle accidents can result in a variety of injuries, including traumatic brain injuries (TBIs), fractures, road rash, spinal cord injuries, soft tissue damage, internal injuries, and emotional trauma such as PTSD. These injuries can lead to long-term medical costs, physical pain, and emotional distress, so it’s essential to seek immediate medical attention and consult with an attorney.

5. How long do I have to file a motorcycle accident claim in Florida?
In Florida, you generally have four years from the date of the accident to file a personal injury claim. For wrongful death claims, the time limit is two years. It’s crucial to file your claim within the statute of limitations to ensure your right to compensation is preserved.

6. What are some common causes of motorcycle accidents?
Motorcycle accidents are often caused by the negligence of other drivers, distracted driving, drunk driving, or road defects. Additionally, motorcyclists are more vulnerable to road hazards like potholes, cracks, and uneven surfaces. If road defects are involved, a lawyer may be able to pursue claims against the responsible party, such as the government or contractor.

7. How can a motorcycle accident attorney help me?
A motorcycle accident attorney can help you navigate the complex legal and insurance processes. They can assist in gathering evidence, dealing with insurance companies, evaluating your claim’s value, and representing you in court if necessary. An experienced lawyer will ensure your rights are protected and work to secure maximum compensation for your injuries and damages.

Michael Hersh and Ian Kirtman, Trial Attorneys

LEGALLY REVIEWED BY

Michael Hersh and Ian Kirtman, Trial Attorneys

December 19, 2024

Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.

✓ Fact Checked

✓ Editor

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