Motorcycles are inherently dangerous: they offer little in the way of protection to the rider(s) and are capable of traveling at extremely fast speeds. In the event of a collision, a motorcyclist can easily be seriously injured or even killed.
Anyone who has suffered such an accident or has lost a family member to one should seek out legal counsel immediately to explore his or her legal options. These victims may be entitled to compensation for their suffering. Florida residents can call 786.766.8701 to reach the law offices of Brandon Stein for a free review of their case.
Injuries From Motorcycle Accidents
Motorcyclists can suffer an array of injuries if they have an accident while riding. The type, location, and severity of the damages depend on many factors: the form of the accident, speed at which the motorcyclist was traveling, speed of other vehicles involved in the accident, etc.
Common injuries from motorcycle accidents include:
- Spinal damage, possibly resulting in full or partial paralysis
- Injuries to the head and skull
- Brain damage—possibly as simple as a concussion, but can be much more serious (some types of brain injuries are not obvious until well after the accident occurs)
- Loss of limbs
- Torn muscles and/or dislocated joints
- Friction burns (also known as road rash)
Because brain injuries are sometimes extremely hard to notice in their early stages, it is essential that a person who has been in even a minor motorcycle accident goes to the hospital immediately. It is better to be safe than sorry.
Witnesses and evidence can disappear rapidly from the scene of a motorcycle accident. The police report will contain some, but a legal case may require additional resources to be successful. When a person is in a motorcycle accident or a family loses someone in one, they should contact legal counsel as soon as possible to begin building a case.
Fault in Motorcycle Accidents
In many cases involving motorcyclists and drivers of other vehicles, the other driver will say that he or she never saw the motorcycle. Motorcycles are small enough to disappear entirely in the blind spots of other vehicles’ mirrors, so this may be the absolute truth. However, it does sometimes make it difficult to prove who was at fault for the accident. Was the motorcyclist obeying all traffic laws, or was he or she doing something that at least partly contributed to the accident?
It can be difficult to answer this question to a judge’s satisfaction, but a personal injury or wrongful death case cannot be won without proving negligence on the defendant’s part. This makes it essential for the claimant to have legal counsel on his or her case that is experienced in proving negligence in motorcycle accident cases.
The law offices of Brandon Stein employs various professionals when gathering evidence to demonstrate negligence in these cases. Accident reconstruction engineers, private investigators and others may be called on to find the evidence needed to win a case.
Damages Compensated for Motorcycle Accidents
Persons injured in motorcycle accidents can expect to receive compensation for various damages if their case is won. Most of the compensation they will receive is compensatory: damages to help the injured party recoup lost income and pay for medical expenses. In rare cases, punitive damages may also be awarded in rare personal injury cases.
If a family loses a loved one to a motorcycle accident, they will also receive compensation if they win their lawsuit. Damages in wrongful death cases come in three types. Economic damages compensate the survivors for the loss of the financial assistance provided by the victim. Non-economic damages attempt to compensate for the loss of companionship, guidance, and other intangibles the family suffered.
The third type is punitive damages. Not all cases will include these. However, if the court decides that the defendant needs extra punishment for his or her negligence, a judge may choose to make them pay these damages as well.