Is Recovery Possible Following a Single-Motorcycle Accident?
593,321 motorcycles were registered in Florida as of January 1, 2015.1 Florida and its beach-side roadways remain a popular attraction for motorcycle enthusiasts. While there has been a decrease in the number of motorcycle-related injuries over the last 10 years,2 motorcycle accidents must still remain a concern for all riders.
Florida motorcyclists expect that each ride will be safe and secure, however, not all rides can be safe and sometimes motorcyclists find themselves the victims of an accident. It is evident that accidents do happen even though drivers may exercise reasonable care when on the open roads.
In 2013,57 percent of all Florida motor vehicle deaths occurred during single-vehicle accidents.3 Being in a single-motorcycle accident can lead to similar injuries such as those a motorcyclist would suffer in a multi-vehicle accident. Some common examples of injuries include:
- Traumatic Brain Injury
- Neck, Back, and Spine Injury
- Broken bones
- Emotional Trauma
Theories of Recovery Following a Single-Motorcycle Accident
Single-motorcycles accidents may simply be caused by the fault of the motorcyclist. Whenever this occurs, there does not exist a theory of liability under which the motorcyclist can bring forth a cause of action against another in order to recover for losses. Yet, single-motorcycle accidents may also becaused by the negligence of others. Some examples of the several actions that could lead to single-motorcycle accidents include the following:
Other Drivers – Although another vehicle may not be involved in a collision during a single-motorcycle accident, it may very well be the root cause of the accident. Drivers of all other vehicles owe a duty of care when on the road. Breaching one’s duty of care puts other drivers at risk of a collision or single-vehicle accident. Often, the actions of the negligent driver will force the motorcyclist to attempt to swerve out of the way. This can cause the motorcyclist to lose control of the motorcycle, run off the road, or strike a fixed object. Such collisions, whether with the road, ground, or a fixed object, and especially at high speeds, can cause significant bodily injury to the motorcyclist.
Governmental Entities – Most roads are maintained through local or state governments. Single-motorcycle accidents may be the result of dangerous road conditions which the government has negligently failed to correct despite knowledge thereof. Lack of adequate railings in dangerous curves, steep inclines, or completely dilapidated roadways may cause a motorcyclist to crash, veer off the road, or lose control altogether. As a result of these or similar factors, an injured motorcyclist may be able to bring forth a cause of action against the appropriate governmental entity. It is important to note that governmental entities may be protected under theories of governmental immunity. A knowledgeable attorney will be best prepared to help determine whether or not your case allows for a viable claim to be brought.
Manufacturing Defect – Single-motorcycle accidents may also be caused by faulty motorcycle components, manufacturing defects, or defective designs. For example, a motorcycle with failed brakes can create serious complications for the motorcyclist if he or she is unable to slow down and is approaching winding roads or high-traffic areas. Defective tires may explode while in motion and cause the motorcyclist to lose control of or be thrown from the motorcycle. Here, the manufacturer remains at fault for injuries suffered.
Defective Helmet – Even if motorcyclist causes him or herself to lose control, he or she may not be at fault for head injuries suffered. The head injuries may have occurred as a result of a defective helmet. In this instance, the fault may lie with the manufacturer, one who has put in the market an unsafe product that did not function as reasonably expected.
Contact a Clearwater, Florida Motorcycle Accident Attorney Today
Even if you are involved in a single-motorcycle accident, you may be entitled to recover damages for those losses you suffered, even though there was no additional party with which you collided. It is imperative to prove that the accident and subsequent injuries were caused by another party’s negligence. At the Dolman Law Group in Clearwater, Florida, our motorcycle accident lawyers will thoroughly investigate your case to identify any claims and assess whether or not you will be able to recover from the appropriate parties those damages to which you are lawfully entitled. Call us today at 727-451-6900 for a free consultation as soon as possible.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756