There are over 600,000 registered motorcycles in the state of Florida, and many more visitors on motorcycles travel our roadways every day. While Florida’s temperate weather and numerous freeways make it ideal for motorcycle riding, the state is also home to a considerable number of serious motorcycle accidents a year. In fact, Florida is currently ranked the third most dangerous state for motorcycle riders, and the number of fatalities in Florida has actually been on the rise since 2010.
In Part I of this two part series, we examined a few of the questions most often asked by our Miami motorcycle accident clients. In Part II, we continue this list of questions, diving further into the realm of motorcycle accident law and recovery.
What actions can the family members of a deceased motorcycle accident victim pursue?
The Florida Wrongful Death Act allows the survivors (as defined by Florida law) of deceased riders or passengers to seek compensation for lost support or services following the death of their loved one. Survivors may include a spouse, child, or parent.
What types of compensation are available to motorcycle riders hurt or killed in an accident?
There is a wide range of potential damages available to motorcycle accident victims, and your exact recovery will depend upon the circumstances of your accident and the extent of your injuries. Some common damages pursued in a Florida personal injury action include:
• ER bills • Hospital admission bills • Emergency transportation (ambulance or helicopter) expenses • Physician bills • Physical therapy • Lost wages • Future lost wages • Impaired earning capacity • Pain and suffering • Disability • Loss of the enjoyment of life • Home modifications &
• Attendant care
The survivors of a deceased motorcycle rider can seek the following damages in a wrongful death action:
• Medical expenses of decedent before death • Funeral expenses • Lost support and services from the date of injury to date of death • Future loss of support and services
• Loss of companionship (surviving spouse)
• Loss of parental companionship (surviving parent)
• Mental pain and suffering • Additionally, it may be possible to pursue punitive damages when the conduct of the at-fault driver was particularly egregious or reckless.
What if I was partially at fault for the accident?
Often, motorcycle accidents are not black and white. Commonly, each party may play some role in causing the accident. In Florida, motorcycle riders will not be barred from recovery if they were partially at-fault for the accident. Florida is a comparative negligence state, in which the blame or negligence for an accident is apportioned among the responsible parties. In each case, the court or mediator will determine what percentage of fault the parties held, and reduce a party’s recovery by this amount. For example, if damages amounted to $100,000 and the automobile driver was 80% at fault, while the motorcycle rider was 20% at fault, the motorcycle rider would receive $80,000.
Do I need a motorcycle accident attorney?
To maximize your chance of a full recovery, simplify the process, and put yourself in the best position for success, you absolutely require the assistance of a licensed, knowledgeable Florida motorcycle accident attorney. Motorcycle accident victims often suffer serious injury, leading to mounds of medical bills, prolonged time off work, and potentially lifelong effects. A motorcycle accident attorney will assess the circumstances of your case and pursue all damage claims to the fullest extent.
Greenberg Stone and Urbano: South Florida’s Premier Motorcycle Accident Firm
If you or someone you love has been injured in a motorcycle accident, it is important to seek qualified legal representation immediately. At Greenberg, Stone & Urbano, we have over 120 years of collective experience representing injured motorcycle riders across the state of Florida. Our commitment to client recovery has earned an “AV” rating from Martindale Hubbell, and it is why we have been asked to join Primerus, an international society of leading law firms. Moreover, the Miami Herald voted us as one of the top-rated South Florida law firm, and, we have earned the title of “Superlawyers,” designating us as being among the best lawyers in America. We want to put this dedication to work for you, so call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an initial consultation.