According to the Florida Department of Highway Safety and Motor Vehicles, there were 328 motorcycle accidents in Sarasota and Manatee Counties in 2022 (flhsmv.gov). This means that a motorcycle accident happened almost every day in the 941 area code. While the frequency of motorcycle accidents may not seem that high, the next statistic should be very alarming: almost 10% of all motorcycle accidents in Manatee and Sarasota Counties resulted in a fatality. This is extremely high when compared to the fact that less than 1% of car accidents in our area resulted in a fatality. In fact, according to J.D. Power, nationwide, motorcycle accidents have an 80% injury or death rate compared to 20% of car accidents and the chances of a fatality from a motorcycle accident is 30 times that of a car accident (jdpower.com).
Questions? Call (941) 907-1133 to talk to a Lakewood Ranch personal injury lawyer now.
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Motorcycle accidents result in some of the most painful and debilitating injuries. This is because motorcycles are very fast, are usually lighter than the object they're colliding with (i.e., a car or truck), and offer very little protection at the point of impact.
Some of the most common motorcycle accident injuries are:
ROAD RASH: Simply put, road rash is an abrasion caused by friction. During a motorcycle accident, road rash occurs when a motorcyclist skids across pavement, concrete, dirt or gravel. Sometimes, even the most experienced motorcycle riders will "dump their bike" and take on a road rash injury in an effort to avoid a much more serious injury.
BONE FRACTURES: Many motorcycle accidents involve a motorcyclists body making direct contact with an object at a high rate of speed. As a result, broken bones are a very common injury following a motorcycle collision. high likelihood that a motorcyclist's body comes into direct contact with an object at a high rate of speed. In some instances, bone fractures may require surgical correction along with internal or external fixation.
NECK & BACK INJURIES: Many motorcycle accident victims suffer injuries to their neck, back, and/or spinal cord due to pressure being applied to vertebrae in their spine, which, in turn, results in pressure, impingement, or other damage to the spinal cord. In addition to neck and back pain, these spinal cord injuries may result in muscle weakness in the arms and legs, delayed motor function, breathing difficulties, or paralysis.
BRAIN INJURIES: Brain injuries, or Traumatic Brain Injuries (TBIs) are some of the most serious and debilitating injuries a motorcycle accident victim may suffer. Like car accidents, most brain injuries related to motorcycle collisions are a form of acceleration/deceleration injuries. However, unlike car accidents, the majority of motorcycle collision related acceleration/deceleration injuries are from the motorcyclist's head striking another object (i.e., the ground/road, another vehicle) at a high rate of speed. While brain injuries are extremely serious, they are commonly, and mistakenly, overlooked by car accident victims and personal injury attorneys.
CRUSH INJURIES: Crush injuries may occur when extreme pressure is applied to a body part and results in bleeding, bruising, compartment syndrome, and/or multiple bone fractures. Many crush injuries will heal over time, however, some are permanent and inoperable -- sometimes resulting in amputation of the body part.
PSYCHOLOGICAL INJURIES: Following a motorcycle accident, some riders experience psychological trauma such as PTSD, anxiety, depression, or driving-related phobia. Despite being invisible, these injuries are very real and usually require some form of psychotherapy for healing to occur.
According to Florida Statute 316.211(3)(b), a motorcycle rider over the age of 21 does not have to wear a helmet or protective headgear so long as they are covered by an insurance policy providing for at least $10,000.00 in medical benefits for injuries incurred as a result of a motorcycle crash. This means that most Floridians are not legally required to wear a helmet while operating or riding a motorcycle - and many choose not to.
While the safety implications of riding a motorcycle without a helmet have long been demonstrated, the negative legal impact of choosing to do so has worsened.
Recently passed legislation, HB 837 has altered Florida's negligence model from one of "Pure Comparative Negligence" (i.e. the amount of damages a claimant can recover in an action is reduced proportionately by the amount of contributory negligence attributable to them), to one that totally bars recovery of any damages in the event an individual is deemed 51% at fault. This change, while significant for all Floridians, may actually impact Florida's motorcyclists the most. Why? Because riding a motorcycle without a helmet can be considered a form of contributory negligence. And head injuries occur in almost every motorcycle accident. So, in every motorcycle accident case where the injured party is not wearing a helmet, the insurance company or defense lawyer will argue that a helmet would have prevented or reduced the severity of the injury, and the act of riding a motorcycle without a helmet was an act of contributory negligence. This act alone, or in combination with other acts, may be enough to warrant a legal finding that the injured motorcyclist was 51% at fault for their own injuries. If this happens, the injured motorcyclist will not be able to recover ANY damages from the other driver - no matter what the other driver did (rear-end accident, etc.) during the collision.
Without a doubt, Florida's new model of liability will unfairly deny many motorcyclists the right to recover for their injuries - and must be considered by every motorcyclist who chooses to ride without a helmet.
PIP coverage, also known as "No-Fault" insurance, is governed by Florida Statute 627.736 and pays for 80% of your necessary and reasonable medical bills up to $10,000.00 -- no matter who is at fault for the accident as long as the accident involves a motor vehicle. However, No-Fault insurance DOES NOT COVER YOU if you're injured while riding a motorcycle.
If you are injured in a motorcycle accident, your medical bills will be paid by health insurance, medicare, or medicaid. If you do not have any health care coverage, you may be forced to treat with medical providers under a Letter of Protection (i.e., a promise made to a medical provider to pay a medical bill upon the resolution of a personal injury case). This will inevitably lead to higher medical bills.
Keep in mind, however, that even though the No-Fault portion of your automobile insurance does not cover you after a motorcycle accident, the Uninsured Motorist portion of your coverage, if you carry it, does. So, if you carry Uninsured Motorist coverage, your Lakewood Ranch motorcycle accident lawyer can access this additional coverage (along with any Bodily Injury coverage carried by the at-fault driver) to offset the increased medical bills.
So, if you ride a motorcycle, you should definitely make sure your automobile insurance policy includes Uninsured Motorist coverage.
When many people think of motorcycles, they think of two things: speed and reckless driving. That's because many people's main exposure to motorcycles, whether in real life or in movies or on television, involves a motorcycle speeding down the interstate or through traffic and following a different set of rules than the other motorists. Because of this, many people assume that ALL motorcyclists drive this way ALL the time. Thus, a bias against motorcycles and motorcyclists exists. Unfortunately, this bias may be a huge obstacle for individuals injured in motorcycle accidents. Why? Because this bias may lead an insurance adjuster or member of a jury pool to automatically assume the motorcyclist contributed to, or was completely at fault for the collision. What's even worse, the level of bias may change based on the type of motorcycle involved -- riders of speed bikes face even more bias compared to other motorcyclists.
So, how does a motorcycle accident lawyer at Erjavec Injury Law overcome this "motorcycle bias" and ensure a level playing field for our clients? Over the years, we have found that immediately securing the accident scene is the most effective remedy. This means that as soon as we are retained to represent an injured motorcyclist, we send a licensed private investigator to the scene of the accident to take pictures, shoot video footage, and begin analyzing the surrounding roadway. Shortly thereafter, the investigator contacts all witnesses to the accident and obtains sworn statements from them. By taking these steps, we are able to clearly prove how the motorcycle accident happened, thereby eliminating any "motorcycle bias."
Questions? Call (941) 907-1133 to talk to a Lakewood Ranch personal injury lawyer now.
One of the first clients I represented when I started my practice was injured in a motorcycle accident on U.S. Highway 301 in Parrish, Florida. His wife worked as a cashier at the Edwin Watts golf shop in Lakewood Ranch (it closed in 2014), and my dad used to shop there pretty regularly (because he's a bad golfer and went through tons of balls). One day the conversation at the golf shop turned to my law practice and the cashier informed my dad that her husband had been in a motorcycle accident a few weeks prior. The cashier said her husband was injured in the accident but hadn't really sought much medical care because he didn't think his injuries were very serious. Upon hearing this, my dad encouraged the cashier to have her husband call me so I could answer any questions he had and also make sure he was doing the right thing.
A few days later, the cashier's husband called me to discuss his motorcycle accident. After talking for about 10 minutes, it was very clear that the man had suffered significant injuries and needed medical attention. In fact, in my opinion, some of the man's symptoms were consistent with a traumatic brain injury.
Upon being retained to represent the man, I immediately helped him find appropriate medical care for his injuries. Shortly thereafter, diagnostic testing and a neurological evaluation determined that the man had suffered a mild traumatic brain injury as a result of his motorcycle accident.
Over the next year, the man received treatment for orthopedic injuries as well as a traumatic brain injury. Upon the commencement of his treatment, I resolved the man's claim against the at-fault driver's automobile insurance company for hundreds of thousands of dollars. And to think, this man would not have received the proper medical care or compensation for his injuries had my dad not been such a bad golfer.
So, what can we learn from this case? That if you are in an accident (motorcycle accidents or otherwise), you should always call a local personal injury lawyer to discuss the facts of the incident, your injury symptoms, and any possible options you may have. It doesn't cost you anything to do it.
Also, many times the symptoms of a traumatic brain injury are difficult to detect. That is why it is important to consult an experienced personal injury lawyer who has successfully handled traumatic brain injury cases.
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