Estero Motorcycle Accident Lawyer
When Lawrence of Arabia was killed in a motorcycle crash in 1935, his bike was basically a set of handlebars, a seat, a motor, and two wheels. Today’s motorcycles are much the same, except that they’re bigger and faster. As a result, motorcycle crash injuries are often fatal. More on that below.
Another point about Lawrence of Arabia’s wreck still holds true today. The facts of this wreck are still uncertain. The only witnesses were two school children who may have been riding their bicycles on the wrong side of the road.
The diligent Estero motorcycle accident lawyer at Cardinal Law uses proven methods to overcome lack of evidence and other problems and obtain maximum compensation for your serious injuries.
Motorcycle Crash Injuries
Motorcycle “accident” is not a very accurate phrase. Driver error causes most motorcycle wrecks. These incidents are not inevitable or unavoidable. However, motorcycle accidents are almost inevitable. There are basically two kinds of motorcycle riders: those who have been in wrecks, and those who will be in wrecks.
Due to the serious nature of the injuries, these wrecks have a very high fatality rate. Common motorcycle wreck injuries include:
- Head Injuries: Motorcycle helmets reduce, but do not eliminate, the risk of a trauma head injury. Furthermore, helmets do nothing to reduce the risk of motion-related head injuries, which are far more common. When riders fall off their bikes and hit the ground, their brains slam against their skulls.
- Broken Bones: A broken pelvis or rib, which are both very common motorcycle crash broken bones, could be life threatening. The pelvis bone protects some of the body’s most vital organs, as does the ribcage. Tiny bone fragments often pierce internal organs, causing massive bleeding and other serious complications.
- Nerve Injuries: Since motorcycle riders are almost completely unprotected, they often extend their arms to break their falls. This natural reaction usually causes biker’s arm, which is damage to the brachial plexus nerve bundle. This damage usually causes permanent paralysis not only in the arm, but also in the face.
The medical expenses in a catastrophic (life-threatening) injury case usually exceed $100,000. Most health insurance companies do not cover such costs, for liability reasons.
An Estero motorcycle accident lawyer connects victims with doctors who focus on injury-related conditions and usually charge nothing upfront. So, victims get the treatment they need, as opposed to the treatment they can afford.
Estero Motorcycle Accident Lawyers and Liability Issues
Driver error, usually operator impairment, like alcohol use, or aggressive driving, like speeding, cause over 98 percent of motorcycle wrecks in Florida. Occasionally, this error is a wrong-place-at-the-wrong-time accident. Usually, however, the error breaches the driver’s duty of care. Compensation is available in such cases.
Building a basic case, or putting forth the minimum effort, usually leads to minimum compensation. Maximum compensation is available if an attorney goes the extra mile, anticipates insurance company defenses, and has a plan to overcome them.
Assumption of the risk, or the failure to wear a helmet, might be the most common insurance company defense in a motorcycle crash claim. In Florida, assumption of the risk is a two-part defense.
First, the insurance company must prove the rider was not, in the words of the law, “wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.”
Next, the insurance company must prove the failure to wear a helmet, as opposed to the other driver’s negligence, substantially caused the victim’s injuries. This element is almost impossible to prove.
Work With a Tough-Minded Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Estero motorcycle accident lawyer, contact Cardinal Law, P.A. We do not charge upfront legal fees in these matters.