Florida Motorcycle Accident Attorneys
Motorcycle accidents can have devastating consequences, especially in a state like Florida, where the laws and risks associated with riding differ significantly from those for automobile drivers. At Roselli McNelis, our team of Motorcycle Accident Attorneys has successfully represented countless individuals who have been injured, as well as the families of those tragically killed in motorcycle accidents. We understand the intricacies of Florida law, as well as the complexities involved in securing justice and compensation for those impacted by these serious accidents.
Understanding Florida Motorcycle Accident Law
Florida law differs significantly when it comes to accidents involving motorcycles as opposed to automobiles. One major difference is that motorcycle riders are not covered by Florida’s Personal Injury Protection (PIP) laws, which cover drivers of vehicles with four wheels or more. Motorcyclists, therefore, face unique legal and financial challenges when involved in an accident, and it’s important for both riders and their families to understand their rights and potential risks.
For motorcycle riders, the risk of catastrophic injury is significantly higher than for those driving automobiles. Motorcycles provide very little protection in the event of a collision, making even minor accidents potentially life-threatening. Injuries can range from road rash to broken bones, traumatic brain injuries, paralysis, or even death. Although the use of helmets is strongly recommended, Florida law only requires helmets for riders under the age of 21 or those without health insurance. Unfortunately, the lack of helmet use can lead to more severe injuries, especially in cases of head trauma.
Motorcycle Accident Statistics in Florida
The rise in motorcycle accidents, injuries, and fatalities in Florida is alarming. According to data from the Center for Urban Transportation Research (CUTR), motorcycle injuries have increased by 50%, and fatalities have skyrocketed by nearly 90% in the past decade. In contrast, during this same period, traffic injuries and fatalities for other vehicle types have declined. This trend highlights the importance of safety measures and the vulnerability of motorcyclists on Florida’s roads.
In Boca Raton and throughout South Florida, the large number of tourists, retirees, and residents contributes to dense traffic, increasing the likelihood of accidents. Florida is also known for its growing population and status as a popular travel destination, creating more traffic and, unfortunately, more accidents.
Factors Contributing to Motorcycle Accidents
Several factors contribute to the increasing number of motorcycle accidents in Florida, including:
- Aging Riders: The number of older riders has been increasing. In 2013, individuals aged 55 and older accounted for around 20% of all motorcycle accidents in Florida, which was nearly double the percentage from 2004.
- Helmet Usage: Since the repeal of Florida’s mandatory helmet law in 2000, the rate of fatal motorcycle crashes has risen. Studies show that motorcyclists without helmets are far more likely to suffer severe injuries or death.
- Alcohol: As with any motor vehicle accident, alcohol impairment plays a significant role. Motorcyclists who ride under the influence are at higher risk of accidents and severe injuries.
- High Population Density: With Florida ranking as the third most populous state in the U.S., more residents on the road mean a higher likelihood of accidents. Boca Raton’s proximity to other busy cities in South Florida only adds to this traffic risk.
Common Injuries in Motorcycle Accidents
Motorcycle accidents often result in severe injuries due to the lack of protection riders have compared to other motorists. Common injuries include:
- Road Rash: Abrasions caused by the skin scraping across the pavement. Severe cases may require skin grafts and lead to permanent scarring.
- Fractured or Shattered Bones: These types of injuries are frequent due to the impact between a rider’s body and the road or other vehicles.
- Head and Brain Injuries: Even though helmets can reduce the likelihood of brain trauma, they do not eliminate the risk. Traumatic brain injuries (TBIs) are common in motorcycle accidents and can have long-lasting effects.
- Paralysis or Spinal Cord Injuries: Damage to the spinal cord can result in permanent disabilities, including paralysis. These injuries often lead to lifelong care needs and significant emotional and financial stress.
- Fatalities: Tragically, motorcycle accidents frequently result in death, especially when protective gear like helmets is not used.
Motorcycle Insurance and Coverage Issues
One of the critical concerns for motorcyclists involved in an accident in Florida is insurance coverage. Many motorcyclists mistakenly believe that their car insurance will cover injuries sustained in a motorcycle accident, but this is not the case. Florida is a No-Fault state, meaning automobile drivers are required to carry Personal Injury Protection (PIP) insurance to cover their medical expenses. However, this PIP coverage does not extend to motorcyclists.
Motorcyclists can purchase specific motorcycle insurance, which includes coverage such as:
- Medical Payments Coverage: This helps pay for medical bills following an accident.
- Uninsured/Underinsured Motorist Coverage: This is essential in Florida, where many drivers either carry insufficient insurance or none at all. This coverage can help a motorcyclist recover damages even if the at-fault driver is uninsured or underinsured.
Legal Rights for Motorcycle Accident Victims in Boca Raton
If you are injured in a motorcycle accident in Boca Raton or anywhere else in Florida, and the accident was caused by another driver’s negligence, you have the right to seek compensation. This includes medical expenses, property damage, lost wages, and compensation for pain and suffering. However, navigating the legal landscape can be challenging, and insurance companies often attempt to minimize payouts or deny claims.
That’s why working with an experienced motorcycle accident attorney is crucial. At Roselli McNelis, we have extensive experience representing motorcycle accident victims and their families in Boca Raton and throughout South Florida. We understand the tactics used by insurance companies and are committed to ensuring that you receive the compensation you deserve.
How Roselli McNelis Can Help
At Roselli McNelis, we recognize the physical, emotional, and financial toll that a motorcycle accident can take on victims and their families. Our attorneys are dedicated to fighting for your rights and securing fair compensation for your injuries. From investigating the accident to negotiating with insurance companies and representing you in court if necessary, we are with you every step of the way.
If you or a loved one has been involved in a motorcycle accident in Boca Raton, don’t hesitate to contact us for a free consultation. We will evaluate your case, explain your legal options, and help you make informed decisions to protect your future.
If you have been injured or lost a loved one in a Motorcycle Accident, contact us so that our Motorcycle Accident Attorneys can evaluate your case and recover all of the financial support and compensation required for a lifetime.