For motorcyclists and passengers, motorcycle accidents in Miami may be especially deadly. A motorcycle does not come equipped with the structural security that drivers and passengers have in a standard automobile or truck. Florida does not mandate motorcyclists over 21 years of age to wear helmets provided they have a certain minimum amount of medical insurance coverage for injuries sustained in a crash. Helmets do not shield a motorcyclist from any crash, but a rider may be more vulnerable to serious accidents or even death because of the absence of a helmet.
In Florida, motorcyclists have the same rights and responsibilities as drivers of motor vehicles. Nevertheless, car and truck drivers frequently neglect or refuse to share the lane with motorcyclists. In an effort to overtake a motorcyclist, a driver can, for instance, change lanes unsafely. In regards to rights, motorcyclists have the right to use a full traffic lane and just like drivers of cars or trucks,, motorcyclists also have responsibilities they must follow, such as refraining from traveling between traffic lanes (i.e.: driving on the yellow line between a pair of vehicles).
In addition to taking certain precautions to avoid motorcycle crashes, like wearing a helmet, motorcyclists are required to abide by Florida legislation to ensure that their bikes have such accessories, such as mirrors, for example, and that they follow regulations such as providing fitted stop lamps, electronic turn signals, and ensuring that headlights stay on throughout the day.
You must show that the driver had a responsibility to be cautious in order to prove negligence; violated their duty; and caused the injury by violating the duty. Some signs that a driver may have been irresponsible include speeding, risky lane changes, texting, or otherwise driving while distracted such as by using their cell phones instead of concentrating on the road. Cell phone usage remains a major problem.
For most drivers, there is a false assumption that motorcyclists are irresponsible, that they move through lanes recklessly, travel perilously fast, and "appear from nowhere." In many cases, drivers are responsible for the bulk of serious accidents and fatalities sustained by motorcyclists. The other car that did not allow the motorcyclist the right of way may have been the cause of several of these accidents.
There are a few common motorcycle accident examples.These include a car or truck pulling out in from a side road in front of an oncoming motorcycle. These drivers may not be giving their full attention or they may be expecting that the motorcyclist must give them the right of way. Another example is car drivers failing to check their mirrors or blind spot when changing lanes or drivers making a left turn and straight into oncoming traffic.
You might believe you were responsible for a motorcycle crash, but a thorough investigation is necessary to determine who caused the accident. In order to ensure the protection of all vehicles, all motorists have a duty to drive responsibly.
Furthermore, the government bodies and manufacturers of vehicles have a responsibility to provide safe road conditions and safe vehicles, respectively. Your motorcycle crash may have been due to negligence by the government or the motorcycle manufacturer, and only a detailed investigation will help reveal which parties are accountable.
If you or a loved one has been injured in a motorcycle accident in the state of Florida, call the Law Offices of Mark Eiglarsh to potentially recover compensation for your losses. The course of collecting damages from the party at-fault for your accident can be complex; however, the Law Offices of Mark Eiglarsh have the experience needed to navigate these types of claims. It is prudent of you to call our offices, day or night, to begin your defense.
The general information provided above about motorcycle accidents in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954.500.0003 in Broward or 305.674.0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.