While some riders might think that all personal injury attorneys are equally qualified to handle a left turn motorcycle accident, the most effective motorcycle collision claims are presented by attorneys who have experience with two-wheeled vehicles. Motorcycles present unique issues that are not present with other motor vehicle claims, including the unique vehicle dynamics of two-wheeled vehicles and the prejudices of others with whom motorcyclists share the road.
Motorcycles offer significant benefits over four wheeled vehicles, such as fuel efficiency, reduced emissions, minimal wear and tear on roadways and relief of traffic congestion. Despite these benefits, many drivers of car, trucks and SUVs still harbor traditional stereotypes of motorcyclists as reckless high-risk daredevils. These biases and lingering prejudices must be confronted when insurance companies and drivers of other vehicles attempt to shift the blame for a motorcycle accident to the rider. Our experienced Miami motorcycle accident lawyers have provided an overview of some of the key issues faced by injury victims in left turn motorcycle accident lawsuits.
Speeding Defense in Motorcycle Left Turn Crashes
The most common claim made by motorists that crash into a motorcycle or cut off a motorcycle while the motorist is executing a left hand turn is that the motorcycle “came out of nowhere.” The implication of this statement is that the motorcyclist was speeding. Although sometimes drivers of passenger cars fabricate such claims, there also are many cases where motorists who never ride motorcycles believe such a claim because motorcycles sound fast even when they are idling or in first gear.
If the judge or jury determines that you were speeding immediately prior to the collision, this might constitute comparative negligence. Under the doctrine of comparative negligence, the damages you are awarded will be reduced based on the percentage of fault assigned to you. If your damages are determined to be $200,000, for example, the amount you are awarded would be reduced to $160,000 if you were determined to be 20 percent at-fault. An experienced motorcycle accident attorney must be prepared to conduct a careful analysis of your speed often with the assistance of motorcycle crash experts to diffuse such claims. Even if a witness claims to have seen you speeding several block from the intersection where the left turn accident occurred, this fact is not necessarily relevant in terms of your speed immediately before the impact.
Adverse Witness Accounts
Many witnesses to motorcycle accident offer an account of the accident that is adverse to the motorcyclist merely because they harbor negative stereotypes about motorcycles. When a motorcycle accident lawyer handles a left turn case, the lawyer must lock down witness accounts that preempt anticipated claims that the motorcyclist was speeding or not paying attention. Because many witnesses to motorcycle accidents have limited or no understanding of motorcycle dynamics, our attorneys might use cross-examination to get the witness to affirm an impossible scenario so that we can undermine their adverse account of the collision. We also look for favorable witnesses who will characterize the motorist turn as a quick left as opposed to a slow deliberate left that a reasonable motorcyclist should have been able to avoid.
Unfavorable Law Enforcement Reports
Many motorcyclists are initially discouraged because police reports often are unfavorable to riders. Because those injured in motorcycle accidents often suffer severe injuries, the account of the passenger car driver and occupants of that vehicle often are the only witness statements provided to police at the scene. Further, police officers often harbor negative stereotypes about motorcyclists, so adverse law enforcement accident reports are not a surprise. The bottom line is that experienced motorcycle accident lawyers are used to conducting an independent investigation of crashes.
Effectively Overcoming the Challenges Facing Motorcyclists Injured in Left Turn Collisions
Our Miami motorcycle accident lawyers have handles dozens of Florida trucking accidents resulting in death and serious injury. We have recovered from hundreds of thousands to millions of dollars for these claims. If you or a loved one is injured in a motorcycle crash, we invite you to contact the South Florida law office of Greenberg Stone and Urbano today. For over 120 collective years, we have aggressively represented the victims of motor vehicle accidents across South Florida. Our commitment to excellence in providing legal services has earned us 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 firms, 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 either in our main office, your home or hospital, or at one of the offices were we see client’s by appointment.