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.
It is important to note that Florida operates under a pure comparative negligence standard. This means that to the extent that you were negligent, your recovery will be limited by that amount. For example, if the plaintiff is deemed to be 20 percent at fault, he or she will walk away with 80 percent of the total award.
If you or a loved one has been injured in a motorcycle accident caused by someone else’s negligence, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Miami motorcycle accident attorneys are familiar with Florida personal injury law and can apply our knowledge to use in your case. With extensive experience, you can rest assured that we will aim to resolve your case in the most efficient and thorough manner possible. To discuss your case in more detail, call us at 1-877-499-HURT (4878) or contact us online.
More Blog Posts:
Pedestrian Accidents Involving Children in Florida, South Florida Injury Lawyer Blawg, July 19, 2018
City of Lauderhill Offers Parents $475,000 in Personal Injury Case, South Florida Injury Lawyer Blawg, July 19, 2018
Traveling Fairs and Carnival Injuries in Florida, South Florida Injury Lawyer Blawg, July 19, 2018
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