Articles Posted in Motorcycle Accidents

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Since motorcycle riders do not have a steel cage protecting them the way car drivers do, these riders are far more susceptible to serious injury, even death. If you have been injured or a loved one has been killed in a motorcycle crash, you need to consult a seasoned Miami motorcycle accident attorney who can assist. We will meticulously analyze your case and come up with a legal strategy accordingly.

A 74-year-old driver allegedly struck and killed a 19-year-old motorcyclist earlier this month on State Road 54, according to the Florida Highway Patrol. The accident took place at an intersection where the driver turned into the motorcyclist’s path causing a devastating collision in which the motorcycle crashed into the right side of the vehicle. The teenage motorcycle rider was pronounced dead at the scene.

Motorcycle Accident Statistics

The United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) found that motorcyclists are 35 times more likely to experience a fatal crash on the road than individuals in passenger cars. Sadly, Florida leads the country in the number of fatal motorcycle accidents every year. In fact, motorcyclists accounted for almost one in five (an estimated 19 percent) of all the motor vehicle fatalities in the state.

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Due to the lack of structural protection that a car offers, motorcycle riders are much more susceptible to serious injuries and death in the event of an accident. If you have been injured in a motorcycle accident that was not your fault, you need to reach out to a seasoned Miami motorcycle accident attorney who can help. At the Law Offices of Robert Dixon, we are committed to providing aggressive legal counsel throughout the entire legal process.A Florida man recently died after his motorcycle went off Route 302 and hit a utility pole and a rock as he attempted to regain control and get back on the road. The victim, 69, was riding in the evening with his son and grandson on other motorcycles when the accident took place. Once he struck the utility pole and the rock, police said he was ejected from the motorcycle and died on the spot. He was not wearing a helmet at the time of the accident. While the accident is still under investigation, police do not believe that speed or alcohol played a role in the crash.

Florida has the second-highest number of registered motorcyclists of all U.S. states. Sadly, Florida also leads the country in the number of motorcycle accident deaths per year. According to the National Highway Traffic Safety Administration, motorcyclists account for almost one in five of all of the motor vehicle fatalities in Florida (an estimated 19 percent). To put this into perspective, motorcyclists comprise approximately only 7 percent of all licensed motorists and drivers licensed in Florida.

When a driver fails to operate their motor vehicle in a reasonably safe manner, they may be deemed negligent. In Florida, negligence occurs when a person fails to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. In order to prove negligence, you must establish the following elements by a preponderance of the evidence:  i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care owed to the plaintiff; and iii) the defendant’s breach was a direct and proximate cause of the motorcycle accident and the resulting harm.

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Florida legislators are discussing a new law that would require scooter riders under the age of 21 to wear helmets on Florida roads, expanding a helmet mandate that already applies to young riders of traditional motorcycles. Given the dangers associated with operating a motorcycle or a scooter, this measure may help curb injuries across Florida. Scooters, which typically do not exceed 30 miles per hour, are becoming more and more popular on college campuses, since they are inexpensive and easy to operate. If you or someone close to you has been injured in a motorcycle accident caused by someone else’s negligence, you should reach out to a skilled Miami motorcycle crash attorney as soon as possible. At the Law Offices of Robert Dixon, we are committed to protecting your rights at every step of the way.

Currently, the helmet requirement only applies to riders and operators who are under the age of 16. With Florida motorcycle deaths increasing by 30 percent since 2015, supporters of the new bill feel this is an important measure that could save lives across the state. In fact, an American Automobile Association study found that motorcycles accounted for 3 percent of registered vehicles, yet they are involved in 20 percent of vehicle fatalities across Florida. On the other hand, motorcyclist groups who oppose the law have launched a campaign to defeat the proposed law.

If you have been injured in a motorcycle accident that was not your fault, you could recover compensation for your harm through a negligence claim. Negligence takes place when a person causes an injury or death by failing to use reasonable care. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that Florida is a comparative fault state, which means that a jury or court can proportionally assign fault to multiple parties in an accident. Consequently, the plaintiff’s compensation will be reduced by his or her percentage of fault for the accident. For example, if a jury determines that you were 20 percent at fault for causing a crash, your compensation will be reduced by 20 percent.

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Motorcycle accidents can lead to devastating and long-term consequences for a rider. If you have been injured in a motorcycle accident that was not your fault, you should reach out to a skilled Miami injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can put this knowledge to use in your case.

Florida helmet laws have changed several times in the last few decades. After repealing most of the provisions in the mandatory helmet law in 2000, Florida updated the law in 2010 due to statistics that showed the number of deadly crashes had increased by 21 percent.

Florida’s motorcycle helmet law is codified in Florida Statutes section 316.211. Under this law, an individual may not operate or ride upon a motorcycle unless the individual is properly wearing protective headgear that is securely fastened upon his or her head, which complies with federal safety guidelines. The following provisions are perhaps the most important:

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If you’ve been injured in an automobile accident, guidance and representation by a reputable South Florida personal injury attorney like Robert Dixon can make all the difference.  Robert Dixon understands that an automobile accident can be a traumatic event which is why he is committed to handling your claim for you.

Sometimes, the cause of an accident is clear and ascertaining fault is easy. For example, a driver failing to observe a stop sign, driving at excessively high speeds or swerving in and out of lanes can lead to a reasonable allocation of fault. In Florida, the driver deemed to be negligent is liable for injuries and any damage that results from the accident. However, the issue of liability can become more complicated if the cause of the accident was the driver suffering from an unforeseeable medical episode behind the wheel.

In Marcum v. Hayward, the plaintiff was rear-ended at a red light. The driver of the other vehicle was an assistant manager driving a company vehicle with a coworker as a passenger. The driver later testified that she had momentarily blacked out, woke up, and then lost consciousness again just immediately prior to the accident. The coworker and passenger confirmed that the driver had stated she felt “funny” and then suddenly became unconscious, which ultimately caused the accident. Continue reading →

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Since motorcycles don’t offer the type of protection that other vehicles do, motorcycle accidents tend to result in a disproportionately high number of fatalities. In Florida, motorcycle riding is particularly popular due to the state’s weather and landscape. However, the higher number of motorcyclists on the road also means increased chances for motorcycle accidents. Miami motorcycle accident lawyer, Robert Dixon, fights aggressively to represent motorcycle accident victims and their families throughout the state.

Basic Motorcycle Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles reports that in 2010:

  • Motorcyclists and their passengers comprised 16 percent of the total number of traffic fatalities
  • 3 percent of all traffic accidents in the state involved motorcycles
  • The death rate was 11 percent higher among motorcyclists who were not wearing safety helmets
  • Motorcycle accidents declined significantly after 2008 when Florida passed a law requiring motorcyclists to enroll in and complete a State basic rider’s course

Just as any other motor vehicle accident, motorcycle accidents can be caused by a number of factors. One common cause is poor weather conditions such as rain, hail or sleet, which can lead to the motorcycle slipping out of control. In other cases, visual obstructions can lead to car drivers failing to see motorcyclists. Alternatively, visual obstructions can lead to motorcyclists losing control. Lastly, road conditions such as potholes, uneven streets, oil slicks and other hazards can present dangers to motorcyclists. Continue reading →

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Apportioning fault is one of the most challenging yet important factors in the aftermath of a car, truck or motorcycle accident as it determines how much you can recover from that accident. If you’ve been injured in an automobile accident, liability depends on who was at fault. Florida law requires that you establish the other party acted in a negligent manner. The negligence standard varies from state to state which is why it is imperative to retain an experienced personal injury attorney who can advocate zealously on your behalf.

Florida operates under a pure comparative negligence standard. This means that whatever amount you were negligent, your recovery will be limited by that amount. For example, if you are suing another driver and your actions are deemed to be 30% negligent, then your damages will be decreased by 30%. In other words, you will only be entitled to an award of 70% of your total monetary recovery. In this way, the doctrine of comparative negligence apportions negligence among the various parties involved in the accident.

Under state law, you can establish negligence if the following three conditions are met:

  1. The party that injured you had a duty not to injure you but did not meet that duty
  2.  The individual’s duty was related to your injury
  3. The individual’s failure to meet his or her duty is what caused your injury or damages

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