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Factors In Florida Motorcycle Crashes

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Because of Florida’s year-round good weather, it is one of the states with the most motorcyclists on the road, and also hosts several bike-themed events throughout the state. However, more cycles on the road does mean a higher number of accidents, and it can be quite difficult in some cases to pinpoint specific causes or factors in these crashes. Being able to isolate the factors that led to your accident can help in determining who to hold liable.

Elements To Consider

Motorcycle crashes have several different causes, with many of them interweaving. It is not always the fault of the automobile driver, but very often, a negligence action (as most motorcycle accident lawsuits are) stems from some action that the driver either took or failed to take. It is important to know that in Florida, you can still recover for your injuries even if you are held to have been partially liable; any award would simply be reduced by your percentage of fault. You have the right to try and hold a negligent defendant accountable, even if you made mistakes as well.

One major factor in motorcycle crash injuries and fatalities in particular is that motorcyclists simply do not have the protection that auto drivers and passengers do. The chance of injury or fatality is disproportionately higher for motorcyclists – the National Highway Traffic Safety Administration (NHTSA) estimates that it is as high as 28 times more likely for a motorcyclist to die in a crash than a passenger or auto driver. Florida statistics bear this out, showing that there were roughly 9,100 motorcycle accidents in 2018, with a disproportionately high fatality count of 502.

Other Potential Causes

There are other causes for motorcycle accidents that may not be the fault of either the cyclist or the driver. For example, many accidents do occur as a result of defective parts in either the motorcycle or the vehicle – blown tires, defective brakes, and the like can lead to serious accidents and injuries. In such a case, you would likely pursue a lawsuit against the manufacturer, under a theory of product liability.

Another common cause for motorcycle accidents is poor road conditions, which can lead to potential liability for the entity maintaining the road, whether public or private. For example, if you are involved in a motorcycle accident on one of Florida’s highways that is caused by a defect in the road, you would be able to bring a suit against the Florida Department of Transportation, because it is their purview to maintain the roads. Keep in mind, however, that if you do wind up bringing suit against a public entity, you must ensure that they are not protected by sovereign immunity (and thus immune from suit).

Call An Orlando Motorcycle Accident Attorney

If you are involved in a motorcycle accident, you need an experienced lawyer on your side to guide you through the process of holding someone accountable. The Orlando motorcycle accident attorneys at the Hornsby Law Group are experienced with these types of cases, and are happy to try and assist you with yours. Contact our office today for a free consultation.

 

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html

flhsmv.gov/traffic-crash-reports/crash-dashboard/

https://www.hornsbylawgroup.com/motorcycle-safety-laws-in-florida/

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