What Types Of Injuries Do Motorcycle Riders Generally Sustain From Accidents?
In a motorcycle accident, the injuries can be very severe. They may include traumatic brain injury (TBI), fractures, leg, knee, ankle and foot injuries, and severe, deep skin abrasions (road rash). Many cases will have internal injuries or spinal cord injuries, which may include some kind of paralysis. Different kinds of paralysis can be involved in these accidents. For example, there is quadriplegia, which is paralysis of the arms and the legs. There is also paraplegia, which is being paralyzed from the waist down. Monoplegia is paralysis of one limb and hemiplegia is paralysis of one side of the body.
Motorcycle accidents may result in quadriplegia and paraplegia. The injuries depend on how the motorcycle falls because there is nothing protecting the victim’s body and that is why motorcycle accidents and injuries can be so severe. There is a significantly higher number of amputation injuries, particularly lower extremity amputations in motorcycle accidents, because the lower extremities are unshielded and entirely unprotected. The damage is either caused immediately by the trauma of the accident or is a result of the severity of the trauma when an amputation is necessary as there is no alternative or means of repairing the damage to legs that tend to take the brunt of the injury in these cases.
What Do You Find Are Some Of The Most Common Causes Of Motorcycle Accident Cases Across Central Florida?
As far as causation of motorcycle accident cases across Central Florida, the most dangerous aspect of motorcycle accidents versus other vehicles is that the minimal profile of a motorcycle makes them very difficult to see. The decreased visibility means that drivers are more likely to miss seeing a motorcycle or they do not pay attention to them when changing lanes or entering or exiting a roadway. As a result, a motorcycle in a direct collision with a car that weighs eight or 10 times as much as the motorcycle, the motorcyclist often ends up on the losing side of that situation.
Are You Required To Wear Helmets Or Other Safety Gear In Florida As A Motorcycle Or A Passenger On A Motorcycle? And If You Did not And Were In An Accident, Does That Hurt Your Personal Injury Case At All?
If you are over 21 and you have an insurance policy that covers at least $10,000 of your medical benefits for injuries that were sustained in a crash while operating a motorcycle, you are not required to wear a helmet per Florida Statute 316.211(3)(b). If you are under 21, you must wear a helmet regardless of your insurance coverage (Florida Statute 316.211 (4).
If you are over 21 and have proper insurance coverage and you are not wearing your protective gear, that cannot be used against you. However, the injuries sustained in an accident can be more severe when you are not wearing protective gear. Usually when you wear helmet, it may prevent traumatic brain injury or even death. Even though they cannot use that against you because it is not illegal, if you are over 21 and you are following the rules, there are defenses that the opposite side could use against you. It is called a Helmet Defense and is commonly used by insurance companies to find you comparatively negligent. If a jury does find that the majority of your injuries were caused because you were not wearing a helmet, they can assess that percentage to you. The insurance company could claim that if a jury determines 50% of the injuries were because you were not wearing a helmet, then 50% will be assessed against you at the end.
What Are Some Common Defenses Used By Insurance Companies Specifically In Motorcycle Accident Injury Cases In Florida That Either Deny Or Limit Settlement Amounts?
One common defense used by insurance companies, specifically in motorcycle accident cases in Florida, is to deny or limit settlement amounts for not wearing a helmet. Even though you are 21 or over and you have the proper insurance, and you are not required to wear a helmet, the insurance company will argue that your comparative negligence caused your injuries because you were not using a helmet. Therefore, your injuries are as severe as they are because you were not wearing a helmet. The insurance company can reduce the amount of damages they have to pay you because the amount is reduced by the percentage you are found to be at fault for.
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