Motorcyclist deaths occurred 28 times more frequently than fatalities in other vehicles, based on 2016 fatal crash data.
Motorcycle riders are significantly more likely to die in an accident than the occupants of the passenger cars with whom they share the road; 29 times more likely. This is reflected in the fact that although motorcycles comprise just 3 percent of all registered vehicles in the U.S., bikers made up more than 13 percent of all traffic fatalities in 2016. According to the National Highway Traffic Safety Administration, 5,286 motorcyclists were killed and over 100,000 more were injured on U.S. roads and highways that year, a 5.1 percent increase from 2015.
In May 2018, the Governors Highway Safety Association released its latest report (https://www.ghsa.org/sites/default/files/2018-05/ghsa_motorcyclists18.pdf) on motorcycle accidents and fatalities. It revealed that:
- In 2016, motorcycles were more frequently involved in fatal collisions with fixed objects than other vehicle types.
- 1,859 lives were saved in 2016 because motorcyclists involved in crashes were wearing helmets. If all riders had worn helmets, an additional 802 lives could have been saved.
- The average age of motorcyclists killed across the country in 2016 was 43 years old.
- Twenty-five percent of motorcycle riders involved in fatal crashes in 2016 were under the influence of alcohol, the highest percentage among all vehicle types.
An automobile or motorcycle crash is instantaneous and the consequences often result in a lifetime of physical, emotional and mental anguish for all parties involved. Having the appropriate insurance coverage provides economic protection should you accidentally cause injury to others, but it can also protect you and your family if you involved in a motor vehicle accident in which the “at fault” party has little, or no insurance coverage. With Uninsured Motorist Coverage in place, your insurance company is legally obligated to pay the economic and non-economic damages to which you are entitled if the “at fault” owner/operator is uninsured or under insured.
There are numerous components to each and every motor vehicle accident and it is necessary to painstakingly recreate the sequence of events leading to each accident in order to appropriately mediate and/or prepare it for trial. At The Russo Firm, our resolve, resources and experience have enabled us to successfully litigate car and trucking accident cases on behalf of the injured victims or families of the deceased. The lawyers at The Russo Firm have also successfully litigated cases against insurance companies that have failed to pay their own insured’s claims properly.
The Russo Firm focuses its practice on catastrophic and traumatic injury cases. People with catastrophic injuries need a lengthy recovery time and long-term medical treatment. If you or your loved one has suffered a catastrophic injury, you may be unable to work again. You may require life-long care, medical equipment, and intensive physical and psychological therapy.
Our auto accident attorneys at The Russo Firm have handled over 10,000 auto accidents in the state of Florida and have extensive experience in helping those who have been seriously injured get the financial resources they need to cope with the significant cost of their injury. In addition to our legal services, The Russo Firm provides the injured and their families with a continuum of care that begins at the first consultation. We offer our clients access to resources, information, referrals to specialized medical treatment, and the details of support groups and other organizations dedicated to helping the seriously injured.
Our bilingual team ensures that you get the serious injury resources you need to cope with your new circumstances.
If you have been seriously injured in an accident or through the negligence of another, it is important you contact an attorney with experience and success in handling traumatic injury cases. The Russo Firm has successfully litigated countless catastrophic injury cases and has extensive experience with severe injuries.
Elements of an Accident Lawsuit
The elements of proof necessary to bring a successful personal injury claim are as follows:
- the other party was negligent, reckless, or acted in an intentional manner;
- your injury was caused by that other party’s negligent, reckless, or intentional act; and
- you have suffered damages.
How does The Russo Firm prove those elements to succeed in winning your Personal Injury Lawsuit
Our legal team will gather all the necessary evidence to prove your claim. This includes taking photographs and video of the accident scene and your injuries, obtaining incident or accident reports, securing all medical records and bills, and speaking to witnesses to confirm the negligence of the other party. At the proper time, the records, bills and evidence is presented to the insurance company and we attempt negotiate a fair settlement for you. If we can’t settle your case to your satisfaction, then we file a lawsuit on your behalf, conduct further discovery, and present your case to a jury.
How you get started on your Accident Lawsuit
The Russo Firm provides a free confidential case consultation to all clients. If we are hired, we work on a contingency fee basis governed by The Florida Bar. All lawyers working on a contingency fee are subject to the same fees set by the Florida Bar. The contingency fees range from 20% to 40% depending upon the settlement amount of your case.
Statutes of Limitations and other restrictions on your Injury Lawsuit
All states impose a time limit on when you must file your personal injury claim. This is known as a “Statute of Limitations”. For example, in Florida, the injured person has four (4) years to file a lawsuit for injuries in automobile accidents and slip and fall premise liability accidents. However, if the incident or accident causes death, the injured person only has two (2) years to file a lawsuit.
There are further restrictions when a Florida governmental entity is involved. Many times, specific notices need to be filed at least six months before a lawsuit is filed, and the time period is three (3) years to file a lawsuit.
Additionally, the state of Florida and all state agencies, counties and cities can only be held liable for damages up to $200,000 for an individual person and $300,000 total for all injured parties in an accident or incident.
Punitive damages are limited to three times the compensatory damages or $500,000, whichever is greater. If the conduct of the defendant was “motivated solely by unreasonable financial gain,” then the punitive damages will be capped at four times the compensatory damages or $2 million, whichever is greater. The only exception to this cap is when the defendant intended for the harm to occur to the injured person.
An employer can only be held liable for punitive damages for the conduct of an employee if the employer “actively and knowingly participated” in the conduct; “knowingly condoned, ratified, or consented” to the conduct; or “engaged in conduct that constituted gross negligence.
The most important thing is that you seek immediately legal advice after you have been involved in an auto accident. The Russo Firm provides a free confidential case consultation.
Contact Our Experienced Motorcycle Accident Lawyers For A Free Case Evaluation
If you or a loved one has suffered a personal injury from a motorcycle accident, call The Russo Firm at 844-847-8300 or contact us online to talk with an experienced personal injury lawyer about your case. If you can’t travel to our office, we will come to you, or we can work by phone, fax, email or other methods of communication. Remember, you pay no fee unless we obtain compensation for you