Motorcyclists are a common sight on the roads of South Florida, since warm weather year-round allows them to enjoy riding at any time. However, many other motorists, including drivers of cars and trucks, do not pay proper attention to motorcyclists traveling in their vicinity, making the potential for serious collisions and devastating injuries higher than in ordinary car accidents. Boca Raton Motorcycle Accident Lawyer David B. Datny represents victims in claims against careless drivers or other negligent individuals who have created or contributed to unsafe conditions on the road. Mr. Datny also offers compassionate and dedicated representation to families who have lost loved ones in fatal motorcycle accidents.
The Datny Law Firm understands the value of personal, one-on-one communication when dealing with serious and life threatening injuries, such as those that often result from motorcycle accidents, which is why Mr. Datny is available 24/7 to talk or text with clients by cell phone. With previous experience as an insurance defense attorney, David B. Datny knows how insurance companies operate, their bottom lines, and how they strategize, which helps him anticipate and counter their tactics to best represent victims of motorcycle accidents. Motorcycle accident cases can be complex, especially if another party is claiming that an injured motorcyclist was at least partly responsible for the collision. David B. Datny takes time to gather and analyze all of the evidence to make sure that victims’ rights are fully protected throughout the legal process and in order to achieve the best possible results for his clientsHolding Careless Drivers Responsible for Causing Motorcycle Crashes
Unfortunately, Florida leads the nation in motorcycle deaths, and many more riders of motorcycles are injured in accidents. In the more than 10,000 motorcycle crashes reported in 2016, there were 515 fatalities, with over 8,000 victims injured. As a Motorcycle Accident Attorney in Boca Raton, David B. Datny knows that many factors can contribute to causing a motorcycle accident, of which some of the most common are:
- Vehicles tailgating motorcyclists
- Distracted driving practices, such as texting while driving
- Merging onto highways or changing lanes without checking for oncoming motorcyclists
- Opening a car door while parked without looking
- Excessive speeding
- Driving without taking weather conditions into consideration
Florida law does not require motorcycle drivers or passengers over the age of 21 to wear helmets if they obtain certain minimum insurance coverage. Wearing a helmet is strongly encouraged as this added safety measure can help motorcycle riders to avoid permanent, incapacitating injuries in the event of an accident, especially brain trauma and other fatal injuries. However, even if a victim is not wearing a helmet at the time of a collision, negligent parties, including drivers of cars and trucks, can still be held accountable. Boca Raton Motorcycle Accident Attorney David B. Datny has assisted many victims and families with pursuing legal action against those individuals responsible for causing motorcyclists’ injuries, even if there is some evidence of their a motorcyclist’s own negligence.
There are additional legal requirements to consider when evaluating a potential claim following a motorcyclist accident. Specifically, every driver owes other motorists, including motorcyclists, a duty to act as a reasonable and prudent person would act under the circumstances. When that duty is breached by a car or truck driver, and a victim is injured or killed, the driver can be held accountable for his or her own negligence in a personal injury or wrongful death case. More than one party can be found at fault for causing a collision, including the motorcyclist. However, under Florida’s pure comparative fault scheme of liability, compensation is awarded in proportion to each party’s degree of fault.
For example, in Hanzi v. Mack, a 2014 motorcycle accident case arising in West Palm Beach, the victim suffered a torn rotator cuff and labrum tear after his motorcycle was struck by a left-turning vehicle while he was traveling through the intersection at a green light. Although the jury found the victim partially responsible for failing to brake to avoid the accident, he was still able to recover $552,848 of his total $766,456 in damages from the negligent driver.
If you have been involved in a motorcycle crash, timing is important to ensure that your rights are protected. Personal injury claims must be filed within four years from the date of the accident, while wrongful death actions are generally barred after two years pass from the date of a victim’s death.Discuss Your Potential Case with a Motorcycle Accident Lawyer in Boca Raton
Dealing with doctor visits, rehabilitative efforts, and the emotional trauma following a motorcycle accident can also be extremely overwhelming. Attorney David B. Datny works tirelessly to ensure that motorcycle accident victims receive the financial support that they deserve from those responsible for their harm. Mr. Datny serves people throughout Palm Beach and Broward Counties, including in Boynton Beach, Delray Beach, Boca Del Mar, Lake Worth, Royal Palm Beach, Wellington, Lantana, West Palm Beach, Palm Beach Gardens, Jupiter, Deerfield Beach, Coral Springs, Pompano Beach, Fort Lauderdale, Hollywood, Sunrise, Lighthouse Point, Margate, Lauderhill Lakes, and Plantation. Call or text David B. Datny at 561-221-7474 or contact The Datny Law Firm online to learn more about your legal options following a motorcycle or bicycle accident.