A motorcycle crash at an intersection in Boca Raton, Florida, with emergency responders on the scene.
A motorcycle crash at an intersection in Boca Raton, Florida, with emergency responders on the scene.
A motorcycle crash at an intersection in Boca Raton, Florida, with emergency responders on the scene.
A motorcycle crash at an intersection in Boca Raton, Florida, with emergency responders on the scene.

Motorcycle Accidents in Boca Raton, Florida: Legal Framework, Statistics, and Notable Cases

Motorcycle accidents, while less common than car accidents, are much more deadly. Motorcyclists, without the protection of a car body, airbags or seatbelts, are more susceptible to severe injuries and fatalities. Understanding the law surrounding motorcycle accidents in Boca Raton, Florida, the stats and notable cases is key to anyone seeking justice and compensation after an accident.

Here we will cover the personal injury laws for motorcycle accidents in Boca Raton, recent stats and a notable personal injury case from the last 10 years. Whether you are a rider, a victim or a family member of a victim, knowing your rights and options is key after a motorcycle accident.

Personal Injury Law for Motorcycle Accidents in Boca Raton, Florida

Motorcycle accidents are governed by state law, local ordinance and general personal injury law. Here’s a breakdown of the legal aspects of motorcycle accidents in Florida:

1. Florida Motorcycle Laws

Florida has laws in place to protect motorcyclists. Understanding these laws is important for riders and helps in determining fault after an accident.

  • Helmet Laws: Florida’s helmet law requires all motorcyclists under 21 to wear a helmet. Motorcyclists 21 and over do not have to wear a helmet if they have at least $10,000 in medical insurance coverage for motorcycle related injuries. While there is a legal loophole to ride without a helmet under certain conditions, it’s highly recommended to wear a helmet for safety and to protect yourself in case of an injury.
  • Licensing Requirements: Florida law requires motorcycle riders to have a valid motorcycle endorsement on their driver’s license. This endorsement can only be obtained after passing a written and skills test, so motorcyclists have the knowledge and skills to operate a motorcycle safely. Without this endorsement a rider may be in legal trouble if they are in an accident.

2. Fault and Negligence in Motorcycle Accidents

When determining who is at fault in a motorcycle accident, Florida’s comparative fault law and the details of the accident must be considered.

  • Comparative Fault: Florida is a comparative fault state, meaning if a motorcyclist is partially at fault in an accident, their recovery will be reduced by their percentage of fault. For example, if a rider is 20% at fault in an accident and the total damages are $100,000, their recovery would be reduced by $20,000. This allows multiple parties to be at fault in an accident.
  • Motorcycle vs Car Accidents: Motorcyclists are more vulnerable in accidents with cars and trucks due to their size and visibility. Car and truck drivers often claim they didn’t see the motorcyclist before the accident. In many cases, fault lies with the car driver who failed to yield, check their blind spots or saw the motorcyclist. Recklessness or negligence by the car driver increases the motorcyclist’s chances of getting compensation for their injuries.

3. The Process for Motorcycle Accident Claims

The process of filing a claim after a motorcycle accident is complicated. Here’s what you need to know:

  • Filing a Claim: After a motorcycle accident, you must get immediate medical attention and document the accident scene. Victims should report the incident to the police and gather evidence such as photos of the accident scene, the damaged motorcycle and any injuries sustained. Get witness statements and the police report to build your case.
  • Insurance Claims: Motorcycle accident claims involve negotiating with insurance companies to get compensation for medical bills, property damage, lost wages and pain and suffering. It’s important to understand your insurance policy, especially the personal injury protection (PIP) portion. Insurance companies will try to minimize the payout so working with an experienced attorney can help maximize the recovery.
  • Litigation: If a fair settlement can’t be reached through negotiation with the insurance company, litigation may be necessary. This means filing a lawsuit and presenting evidence in court to get damages. An experienced attorney will guide you through the process from filing the lawsuit to representing you in court.

4. Deadline

  • Time to File a Claim: In Florida, the statute of limitations to file a personal injury claim for a motorcycle accident is generally 4 years from the date of the accident. If you don’t file within that timeframe you will likely lose your right to recover. Contact an attorney right away to make sure all deadlines are met and your case is filed on time.

Boca Raton Motorcycle Accidents (2023)

Motorcycle accidents are still a big problem in Boca Raton. Take a look at the 2023 statistics to see how many and what kind of accidents are happening in the city.

1. Total Motorcycle Accidents

In 2023, Boca Raton had 45 motorcycle accidents. That’s up from previous years so we need to take motorcycle safety more seriously. The accidents ranged from minor to fatal.

Motorcycle accidents often result in severe injuries because of the lack of protection for the rider. The types of injuries in 2023 were:

  • Minor Injuries: 40% of motorcycle accidents resulted in minor injuries. These were scrapes, bruises and minor fractures. While these are less severe, they still required medical attention and time off work to recover.
  • Serious Injuries: 35% of accidents resulted in serious injuries such as compound fractures, spinal cord injuries, traumatic brain injuries (TBI), road rash. Victims with serious injuries required extensive medical care including surgery, rehabilitation and long term treatment. Many of these cases also involved significant financial burden from medical bills and lost wages.
  • Fatalities: 15% of motorcycle accidents in Boca Raton in 2023 were fatal. These fatal accidents show how dangerous motorcycle riding is and how important it is to take every safety precaution. The surviving family members of the victims often face emotional and financial challenges and may file a wrongful death claim.

3. Causes of Motorcycle Accidents

Several causes contributed to the motorcycle accidents in Boca Raton in 2023. The most common were:

  • Speeding and Recklessness: Speeding or reckless driving by other drivers was a big factor in many of the accidents. Motorcycles are harder to see and reckless behavior such as changing lanes without checking blind spots increases the chances of an accident.
  • Impaired Driving: Alcohol and drug use by drivers was a big factor in some of the accidents. Impaired drivers are less likely to see motorcycles and more likely to make bad decisions that can lead to an accident.
  • Distracted Driving: Drivers distracted by cell phones, GPS devices or other in-car technology also contributed to motorcycle accidents. Not paying full attention to the road means drivers don’t see motorcyclists until it’s too late.

Recent Personal Injury Case

One of the biggest motorcycle accident cases in Boca Raton in the last 10 years was a motorcyclist who suffered life changing injuries after a crash with a negligent driver. This case shows how personal injury claims can help victims.

Case

  • Incident: The accident occurred at an intersection in Boca Raton when a car failed to yield to a motorcyclist. The motorcyclist was going through the intersection legally when the driver, distracted by a cell phone, hit the motorcycle. The impact threw the rider off the motorcycle resulting in multiple fractures, internal injuries and permanent disabilities.

Legal and Settlement

  • Legal: The injured motorcyclist filed a personal injury claim against the driver and the driver’s employer since the driver was on duty at the time of the accident. The claim alleged the driver was negligent for not yielding and being distracted by a cell phone. The victim sought compensation for medical bills, lost wages, pain and suffering and long term care needs.
  • Settlement: The case settled for $3.5 million which covered the victim’s past and future medical bills, lost income, pain and suffering and other damages. The settlement also covered ongoing medical care and physical therapy. This case shows how to hold negligent drivers accountable and get fair compensation for victims.

Why Keller Swan for Your Motorcycle Accident?

At Keller Swan Injury Attorneys we help motorcycle accident victims get the legal help they need to get the compensation they deserve. Here’s why you should choose Keller Swan for your motorcycle accident:

1. Experienced Representation

Our lawyers have years of experience handling motorcycle accident cases and are familiar with Florida’s motorcycle laws and personal injury statutes. We know the challenges motorcyclists face on the road and in the legal system. We will build a strong case to get you maximum compensation for your injuries, medical bills and lost wages.

2. Client Centered

At Keller Swan we focus on understanding your situation and how the accident has affected your life. Our team works with you to gather the evidence, negotiate with insurance companies and pursue a fair settlement or judgment. We keep you informed throughout the process and protect your rights.

3. Results Oriented

Keller Swan has a history of success with motorcycle accident cases. We are driven by client satisfaction to get results that hold negligent parties accountable and get compensation for our clients.

What Causes Motorcycle Accidents

Knowing what causes motorcycle accidents can help prevent future accidents and improve road safety. Here are the most common causes of motorcycle accidents:

  • Distracted Driving: Drivers distracted by their cell phones, GPS or other activities don’t see motorcyclists and crash.
  • Failure to Yield: Motorists who fail to yield at intersections or when turning are a common cause of motorcycle accidents.
  • Lane Changes: Improper lane changes or merging without checking for motorcyclists can be deadly.
  • Impaired Driving: Drunk or drugged drivers can’t operate a vehicle safely and increase the risk of accidents with motorcyclists.

What to Do After a Motorcycle Accident

If you or a loved one has been in a motorcycle accident get the right steps to protect your health and legal rights. Here’s what to do:

1. Get Medical Treatment

Your health is first. Get medical attention for any injuries from the accident even if they seem minor. Some injuries like internal trauma may not show symptoms right away but can get worse over time.

2. Document the Scene

If possible, document the accident scene by taking pictures of your motorcycle, the area and any visible injuries. Get witness information and make sure a police report is filed.

3. Report the Incident

Report the motorcycle accident to the police and your insurance company. Having the incident on record helps establish the accident and your claim.

4. Call an Attorney

Contact a personal injury lawyer at Keller Swan to talk about your case and your options. Our lawyers will guide you through the process of filing a claim and getting compensation.

5. File a Claim

File your personal injury claim within the statute of limitations to preserve your right to sue. Work with your attorney to negotiate with insurance companies and get a settlement.

6. Get Compensation

Your attorney will get you compensation for medical bills, lost wages, pain and suffering and other damages from the motorcycle accident. If necessary we will take your case to court to get you the compensation you deserve.

Call Keller Swan

If you or a loved one has been in a motorcycle accident in Boca Raton, Florida get in touch with Keller Swan. Our lawyers will help you get justice and get you the compensation you deserve. Call today for a free consultation and get started.