Wrongful Death Caused by Motorcycle Accidents
If you recently lost a loved one in a motorcycle accident in Miami Dade, Broward, or another part of South Florida, do not hesitate to call a wrongful death lawyer in Miami to discuss your legal options. Motorcycle accidents are all too common, and unfortunately, the can easily lead to the death of the operator or passenger. No matter if a rider wears the proper gear and a helmet, they are still at risk for catastrophic and deadly injuries in a traffic accident. At Gerson & Schwartz P.A., we understand that nothing can turn back the hands of time and bring your loved one back. However, when another person was at fault for your relative’s death, filing a wrongful death can be your best option to obtain some amount of justice and to receive the compensation you need to move forward in life.
To discuss filing a wrongful death claim in Florida, contact Gerson & Schwartz P.A. at (877) 475-2905 or through our online form to schedule a free consultation.Florida Motorcycle Accident Statistics
According to the Florida Department of Highway Safety and Motor Vehicles, there were 9,707 motorcycle crashes in 2017. This is a 6 percent decline from 2016 when there were 10,331 motorcycle injuries. It is also below the three-year average (2015-17) of 10,080 crashes.
In 2017, motorcycle crashes led to 7,725 injuries and 692 motorcycle passenger injuries. This was a 6 percent decrease for both rider and passenger injuries compared to the year before. Of these injuries, 2,139 were incapacitating, while 3,521 were designated as non-incapacitating for motorcycle operators. For motorcycle passengers, there 214 incapacitating injuries and 304 non-incapacitating injuries.
There also were 515 motorcycle fatalities and 37 passenger fatalities. There was no change in the number of rider deaths between 2016 and 2017. However, the number of motorcycle passenger fatalities increased 23 percent from 2016 to 2017.
Of the motorcycle operators who wore a helmet, 264 passed away in accident. Six motorcycle passengers who wore helmets died. Of the operators and passengers who did not wore helmet, 230 and 31 were killed in crashes, respectively.
If your loved one was killed while operating or riding on a motorcycle, do not hesitate to call our wrongful death lawyers in Miami to discuss your rights. You may have the right to file a wrongful death lawsuit against an at-fault driver. Or, if your loved one was a passenger and you believe the operator was negligent, you may be able to file a lawsuit against the other motorcycle rider.Common Fatal Motorcycle Accidents
At Gerson & Schwartz P.A., we have represented many families after:
- Miami Head-On Motorcycle Crashes
- Miami Rear-End Motorcycle Crashes
- Motorcycles Run Off the Road in Miami
- Motorcycle Collisions with Commercial Vehicle in Miami
- Miami Drunk Driving Motorcycle Crashes
- Miami Drugged Driving Motorcycle Crashes
- Defective Motorcycle Accidents in Miami
- Distracted Driver Car-Motorcycle Collisions in Miami
- Drowsy Driver Car-Motorcycle Crashes in Miami
- Miami Left-Turn Motorcycle Accidents
- Miami Right-Turn Motorcycle Accidents
- Miami Side Impact Motorcycle Crashes
In many fatal motorcycle accidents, another driver is at fault. However, many negligent drivers try to shift blame to the rider. Because of this, it is important for you to work with an experienced wrongful death attorney in Miami after a deadly motorcycle crash. We are here to thoroughly investigate the crash and determine who was at fault.Pursuing a Wrongful Death Claim After a Fatal Miami Motorcycle Accident
When you lost a parent, spouse, child, or other relative in a motorcycle crash, you may have the right to file a wrongful death lawsuit in Florida. This type of legal claim arises if another person’s negligence, recklessness, or intentional misconduct caused the deadly accident. When another person is at fault, you can hold them responsible under the law and pursue compensation for your injuries and loss.
When you have a valid wrongful death claim, it is important to speak with an experienced attorney. Not everyone can file a wrongful death lawsuit. Under the Florida Wrongful Death Act, only the personal representative of the deceased person’s estate may file the lawsuit, and they do so on behalf of the decedent’s surviving relatives.
Under Florida law, the relatives who qualify as survivors are entitled to compensation. Survivors include the deceased person’s spouse, children, parents, and any other relative who was partly or wholly dependent on them for services or support. It does not include siblings, grandparents, aunts and uncles, cousins, girlfriends and boyfriends, and many other loved ones who grieve following the death.
Through the wrongful death lawsuit, the personal representative can seek various damages for the survivors, including:
- Loss of decedent’s income
- Loss of decedent’s support and services
- Loss of decedent’s companionship and protection
- Survivors’ mental pain and suffering
- Minor children’s loss of parental companionship, instruction, and guidance
- Medical and funeral expenses paid by a survivor
If your parent, child, spouse, or other relative died in a motorcycle crash caused by another person, call us at Gerson & Schwartz P.A. as soon as possible. Our bilingual attorneys are highly experienced in addressing fatal motorcycle wrecks. We will pursue full and fair compensation for you and your family through an insurance claim and a wrongful death lawsuit.
To learn more about fatal motorcycle claims, call us at (305) 371-6000 and schedule a free consultation.