KEY WEST MOTORCYCLE ACCIDENT INJURY LAWYERS

After more than 35 years of representing clients in motorcycle accident cases, the motorcycle accident injury lawyers in Key West from Morgan and Morgan have discovered four common causes of crashes. The first three causes are considered acts of negligence, while we cannot assign fault for the fourth common cause of motorcycle collisions.

Driving Under the Influence

The operators of motorcycles must follow the same state laws that other motor vehicle operators follow when it comes to driving under the influence. In Florida, it is considered illegal to operate any type of motor vehicle while under the influence of drugs and/or alcohol. To detect the presence of drugs, law enforcement personnel conduct tests back at the station after arresting a suspect. Testing for alcohol occurs at the site where a law enforcement officer pulled over an operator of a motor vehicle for suspicious behavior while operating a car.

Driving under the influence of drugs and/or alcohol impairs the operator’s judgment, as well as dramatically slows down reaction times.

Reckless Driving

Something about riding a motorcycle motivates far too many operators to take unnecessary risks, such as performing wheelies and speeding past slow-moving semi-tractor trailers. Reckless driving for a motorcyclist is the same as reckless driving for the driver of other types of motor vehicles. As with automobiles, speeding represents the most common cause of reckless driving accidents. A close second in frequency concerns blowing through red lights and stop signs. The faster that you travel while operating a motorcycle, the stronger the impact at the moment of a collision.

Distraction

Motorcyclists can become distracted when a second person riding on a machine takes the operator’s focus off the road. Distraction also is an issue when a motorcyclist tries to eat a meal or adjust a knob on a bike’s sound system. However, texting while driving remains the number one type of distraction. Florida strictly prohibits texting and driving for all motor vehicle operators. If another party struck your motorcycle while texting and driving, you might have a strong enough case to file a personal injury lawsuit that seeks monetary damages.

Poor Weather

Motorcyclists are especially vulnerable to the whims of Mother Nature. The Florida Keys are notorious for tropical storm systems that sometimes blow in unexpectedly from the Atlantic Ocean and the Gulf of Mexico. Inlet towns such as Key West, Florida also experience dense fog that obscures the vision of an operator of any type of motor vehicle. If bad weather caused you to crash your motorcycle, the motorcycle accident injury lawyers in Key West from Morgan and Morgan gather physical evidence and obtain witness reports to verify that foul weather caused you harm.

In the aftermath of a motorcycle accident, you and your Morgan and Morgan personal injury lawyer have to determine whether the other party violated one or more Florida statutes that pertain to operating a motorcycle. A violation of Florida motorcycle laws represents the commission of an act of negligence. As an owner and operator of a motorcycle, you also must know about Florida motorcycle laws to avoid getting ticketed for an infraction.

Helmet Requirement

Florida law requires riders younger than 21 years to wear a state-approved helmet. A state-approved helmet resists strong impacts to prevent the development of head trauma. Florida puts different types of motorcycle helmets through rigorous tests to determine which ones satisfy the helmet safety standards imposed by the state. Motorcycle riders at least 21 years old have the option to wear a state-approved helmet, but the state does not require them to wear one. If a motorcycle owner decides not to wear a state-approved helmet, Florida requires the purchase of at least $10,000 in health insurance coverage to pay for any head injuries sustained from a motorcycle collision.

Motorcycle Endorsement

Florida requires motorcycle owners to complete a few additional steps after obtaining a state driver’s license to operate a motor vehicle. You must obtain a mandatory motorcycle endorsement that requires you to complete a Basic Rider Course. After completing the Basic Rider Course, you must pass the test that is administered by the Motorcycle Safety Foundation. After you complete the required steps, the State of Florida adds a motorcycle endorsement to your driver’s license.

No Lane Splitting

Lane splitting is a highly dangerous operating practice that motorcyclists perform whenever traffic stalls or moves at a slow pace on Florida roads and Highways. During the height of the tourist season, US Route 1 can become congested with a high volume of motor vehicle traffic. Some motorcyclists do not wait for the traffic jams to ease and instead, decide to move between stalled or slow-moving motor vehicles. Florida prohibits the practice of lane splitting under all circumstances, even if traffic is moving out of the Keys to avoid the impact of a strong tropical storm.

Prohibition of Stunts

As we mentioned, some motorcyclists like to perform dangerous stunts, such as doing wheelies on busy Florida roads and highways. Florida has outlawed the performance of stunts of any kind, with an emphasis on prohibiting the performance of the popular wheelie. Motorcyclists who get involved in a collision while performing a stunt lose legal leverage because Florida considers performing a stunt while operating a motorcycle to be considered an act of negligence.

Mirrors

Because motorcyclists cannot install a rearview mirror, the state requires them to install mirrors in positions that provide clear views of other motor vehicle operators. Florida law requires the installed mirrors to provide riders with a clear view that extends at least 200 feet. The mirror law enables motorcycle riders to enhance their operating abilities by seeing everything that happens in a 360-degree view.

Headlights

Florida law requires motorcyclists to turn on their headlights throughout the day, even during the morning and afternoon when the Florida sun provides plenty of illumination. State statutes require riders in Florida to purchase bikes that automatically turn on headlights the moment a bike engine starts to produce power. Motorcycles can be difficult to see because of their relatively small size and narrow shape. Installing a headlight increases the safety of the operator of a motorcycle.

Like every other state, Florida has established a deadline for filing a civil lawsuit that seeks monetary damages. Referred to as the statute of limitations, the deadline for filing a personal injury lawsuit varies among the states. Although most states have set a statute of limitations between two and four years, a few states have set a deadline as long as six years and as short as one year. You have two years to file a civil lawsuit in Florida, with the clock starting to tick on the day when you sustained injuries as a result of a motorcycle collision.

Two years is more than enough time to file a persuasive civil lawsuit that seeks monetary damages. Nonetheless, you should act quickly when filing a civil lawsuit to recover the financial losses associated with rapidly mounting medical bills. Most motorcycle accident injury lawyers in Key West recommend that clients act with a sense of urgency to allow the attorneys to obtain the most accurate accounts from witnesses. Witness statements typically are much more reliable when given right after a personal injury incident.

If you fail to file a personal injury lawsuit before the expiration of the statute of limitations in Florida, the court clerk processing your case removes the lawsuit from the judicial docket.

Learn more about how one of the best motorcycle accident injury lawyers in Key West, Florida can help you file a successful insurance claim and a civil lawsuit by scheduling a free case evaluation today with a personal injury attorney from Morgan and Morgan.