Motorcycle Accident Lawyer Serving Hollywood
Broward County, located in Southeast Florida, has a population of nearly 2 million. The county has various restaurants, beaches, and shops. Its key city, Hollywood, receives a lot of traffic from commuters traveling to and from neighboring cities. Unfortunately, high traffic also increases the risk of motorcycle accidents.
Lax helmet laws in Florida are one of the causes of increased incidence of head and neck injuries. Florida helmet laws don’t require motorcyclists under the age of 21 to wear a helmet. If you are involved in a motorcycle accident be sure to report the accident to the Hollywood Police Department.
Pursue a Motorcycle Accident Injury ClaimAt Frankl Kominsky, we have a team of highly experienced motorcycle crash lawyers. Our attorneys will try to help you get the compensation you deserve due to the injuries sustained in a motorcycle accident.
1. Claims Involving Negligence of DriverNegligence of a driver is the most common cause of motorcycle accidents. A driver can be found negligent in following road rules that resulted in an accident. The driver may act in a reckless manner resulting in an accident.
With the help of our motorcycle crash lawyers, we can try to help you recover both economic and non-economic damages from the at-fault party.
Motorcycle injuries often result in great financial difficulties. Costs of treating the injury often run into thousands of dollars. Our personal injury lawyers are aware of the financial distress due to the injuries. That’s why we strive to address that our clients get the maximum possible compensation amount and fully compensated for their losses.
2. Claims Involving Motorcycle DefectA defect in motorcycle design or parts can lead to a serious accident. Our motorcycle accident injury attorneys can try to help you bring a claim against the bike or parts manufacture. We can assist in determining the person or company at-fault of the accident.
3. Wrongful Death ClaimYou can file a wrongful death claim if the motorcycle accident resulted in the death of your relative. In Florida, close family members can pursue a claim for losses due to the death of a loved one. Close family members in the state include:
- Spouse
- Parents
- Children
- Real and adopted Siblings
- Blood relatives
Motorcycle accidents result in serious accidents. Knowing about the common types of bike accidents will help you prevent these mishaps and keep serious injuries at bay.
1. Left Turn AccidentsThe negligence of a driver when making a left turn often leads to serious accidents. The accident occurs when the driver comes in front of a motorcyclist when making a left turn. This type of accident, in most cases, occurs at the intersection.
The drivers turning left are required to give the right-of-way to vehicles turning right or going straight. Not giving the right-of-way can make the driver liable for accidents. However, in some cases, a motorcyclist can also be held responsible for the accident. This happens if a motorcyclist is going above the speed limit. Moreover, the motorcyclist may be responsible for the accident if they are riding without the highlight on at night.
2. Head-On CrashesHead-on crashes are also a common type of motorcycle accident. The accident most often occurs when the driver in front unexpectedly stops or slows down. This type of accident also happens when the driver changes lanes without making a turn. The accident often leads to serious injuries and even death.
3. Changing Lanes Without SignalingChanging lanes without signaling can lead to serious motorcycle accidents. The accident usually happens when a driver weaves through the traffic without making turn signals and slowing down. This reckless behavior often leads to devastating motorcycle injuries.
Motorcyclists are easy to miss when changing lanes. Drivers need to signal and look at their rearview and side view camera before changing lanes.
4. Accidents Due to Opening a DoorMany motorcycle accidents occur when the driver opens the door without looking. The accident can result in serious injuries to the motorcyclist. Sometimes, the accident also occurs when the motorcyclist lane splits with parked vehicles. In this situation, both the driver and the motorcyclist will be held responsible for the injuries.
5. Dangerous Road ConditionsDangerous road conditions are also a cause of motorcycle accidents. Potholes or loose debris on the road can result in serious bike accidents. Loose gravel is a particular menace for motorcyclists. Victims of a motorcycle accident due to hazardous road conditions can pursue a claim against the government entity such as the city or county for injuries.
Other common causes of motorcycle accidents in Hollywood, FL include the following.
- Driving under the influence
- Swerving in front of a cyclist
- Cutting off motorcyclists at intersections
- Failing to follow posted speed limits
- Failing to yield when appropriate
- Failing to leave sufficient room between vehicles
- Failure to see a motorcyclist changing or entering lanes
- Neglecting to pay appropriate attention to other drivers
- Misjudge the motorcyclist’s speed or distance
- Failure to see the motorcyclist
- Panic and stop in the motorcyclist’s path
- Rely on the judgment of another driver, who also fails to see
- the motorcyclist
Motorcycles are smaller than other vehicles. The small size in addition to the exposed nature of the vehicle makes the rider susceptible to serious injuries. The NHTSA claims that motorcyclists are five times more likely to get injured as compared to drivers. Most people involved in a motorcycle accident suffer serious injuries.
Motorcycle accident victims most often suffer from permanent or temporary disabilities. If you are involved in a motorcycle crash, you may be eligible to claim compensation for the injuries you sustained. Here are the most common injuries that are sustained in a motorcycle accident lawsuit.
1. Biker’s ArmBiker’s arm refers to a traumatic motorcycle accident injury. The injury involves nerve damage to the upper limb. Victims of a biker’s arm can sustain muscle injuries, broken bones, and fractured tendons. The injury happens as the arm hits the ground. The injury often leads to temporary disability.
2. Road RashRoad rash occurs when the victim slides on the road after an accident. The angle of the crash can determine the severity of the injury. The uneven road’s surface may scrape away the skin that can be painful. Severe road rashes may result in secondary infections such as tetanus. Skin grafts may be necessary in case of a severe road rash injury.
3. Leg InjuriesLeg injuries often occur since the legs are closer to the ground as compared to the upper limbs. The victims of motorcycle accidents often develop leg sprains, fractures, cuts, and bruises. Without safety gear, a victim can experience serious leg injuries after a motorcycle accident. The injuries usually take years to heal. Physical therapy is sometimes required to help the victim recover from the leg injury.
4. Head and Neck InjuriesHead and neck injuries are one of the most common motorcycle accident injuries. The injury usually results in permanent disability. Injuries could be as simple as a cut to as serious as a traumatic brain injury or concussion.
5. Muscle InjuriesMany motorcycle injuries result in significant muscle injury. A human body has more than 60 muscles. Any of the muscles can get seriously damaged in a motorcycle accident. A common muscle injury in a motorcycle accident is lat muscle tear. The injury can be very painful and require bed rest.
6. Spinal Cord InjuriesSpinal injuries may occur in motorcycle accidents. The injury often results in permanent disability. This type of motorcycle accident injury happens due to the impact of hitting a guardrail, road, tree, or another vehicle.
Other Serious Injuries Sustained in a Motorcycle Accident- Bone fractures
- Brain damage
- Disfigurement
- Loss of limbs
- Paralysis
If you become injured from a motorcycle crash, you can pursue compensation for economic and non-economic damages from the at-fault party.
Economic-damages refer to quantifiable losses. Examples of economic-damages are as follows:
- Medical expenses
- Therapy and rehabilitation
- Vehicle or home modifications to accommodate a disability
- Current and future lost wages
- Lost of earning capacity
- Repair or replacement of your vehicle
- Other accident-related expenses
On the other hand, non-economic damages refer to:
- Mental anguish
- Loss of Consortium
- Pain and Suffering
Our motorcycle accident lawyers can try to help you claim compensation for all these losses. We can also help you claim your right to compensation for the wrongful death of a loved one from the at-fault party.
Florida Statute of Limitations: Motorcycle AccidentsFlorida Statute of Limitations for personal injury and wrongful death claims are different. For personal injury lawsuits, the Statute of Limitations is two years from the date of the motorcycle accident. For a wrongful death claim you have only two years from the date of death to file a wrongful death claim. Not filing a lawsuit within the Statute of Limitations will likely result in your case being dismissed and you will most likely be barred from pursuing your claim.
If the at-fault party is a city, county or state government entity please refer to Florida Statute 768.28. There are specific procedures and time frames that you must follow.
Should you have any questions or are seeking legal guidance, contact an experienced and dedicated motorcycle accident attorney.
How a Wrongful Death Claim Differs From a Personal Injury Claim?Personal injury and wrongful death claims have certain similarities. Both cases involve filing a claim for injuries due to the negligence of another party. However, the claims involve different beneficiaries and damages.
Personal Injury Motorcycle Accident ClaimVictims of a motorcycle accident have the legal right to make a personal injury claim. The claim involves seeking compensation for injuries sustained in a motorcycle accident.
The legal guardians can file a personal injury case on behalf of a minor or mentally disabled victim. Moreover, the spouse of the victim can also bring a separate claim for loss of consortium in some situations.
The claimants of a personal injury case can pursue compensation for the following damages:
- Past and future medical expenses
- Temporary or permanent disability
- Lost wages
- Pain and suffering
- Loss of consortium
Wrongful death is a legal term that refers to the death of a person due to the negligent or careless action of another. The close family members of a victim can bring forward a wrongful death claim.
The personal representative of the deceased’s estate files the lawsuit. The personal representative is typically named in the victim's will or estate plan. The representative files the wrongful death case on behalf of the victim's relatives. The court will appoint a representative if one is not mentioned in the will or estate plan.
The following compensation can be pursued in a wrongful death claim:
- Funeral expenses
- Burial expenses
- Medical bills
- Loss of income due to the death of the victim
- Loss of consortium
Our motorcycle crash lawyers can try to help you determine the cause of the accident. The attorneys at Frankl Kominsky may also assess different factors to determine the guilt of the at-fault driver.
Remember that Florida is a modified comparative negligence state. This means that even if you are also at-fault for the car accident, you can still pursue a claim. Therefore, if a motorcyclist is determined to be 15 percent responsible for the accident, they are still entitled to receive 85 percent of the damages.
What to Do After A Motorcycle Accident in Hollywood, FLAfter a motorcycle accident, you should consider taking the following steps in pursuing compensation for injuries.
- Contact local police department for an accident report
2600 Hollywood Boulevard, Hollywood, FL 33020-4807
Monday-Thursday (8:00 am to 6:00 pm)
954-764-4357
- Obtain contact information and statements from witnesses
- Take photos of the scene of the accident and your injuries using smartphone
- Seek Immediate Medical Care from your physician or from the nearest local hospital
3501 Johnson Street
Hollywood, FL 33021
954-987-2000
5812 Hollywood Boulevard
Hollywood, FL 33021
954-866-7435
- Keep a record of all documentation related to your injuries
Frankl Kominsky has a team of dedicated motorcycle injury attorneys. Our motorcycle accident lawyers are available to serve you in Hollywood and have over four decades of combined legal experience. We can try to help you establish a claim as well as try to negotiate with the insurance company of the at-fault party. You can contact us today for a free, no obligation initial consultation.
We know the pain and suffering related to bike accidents caused due to the negligence of another. We offer a contingency based fee.
Free Consultation with a Motorcycle Accident Lawyer Serving Hollywood, FLAt Frankl Kominsky, our motorcycle accident lawyers can handle all aspects of your claim. Dial 954-627-1661 for a free case evaluation today.
Our attorneys focus on client satisfaction through clear and honest communication. We treat our clients with respect and understand that each person has unique needs. When helping our clients, our focus is on compassion, courtesy, and professionalism. Our motorcycle accident lawyers strive to provide specialized legal services from start to finish.
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