Category: Motorcycle Accident

How Does Helmet Law Affect Your Motorcycle Claim?

Motorcycle Accident Lawyer

Everyone knows that helmets can decrease the likelihood of traumatic brain injuries and other head injuries during a motorcycle crash. However, if you were not wearing a helmet at the time of your crash, this doesn’t mean that you were at fault. How does helmet law affect your car accident claim?

What Are the Helmet Laws?

Every state has its helmet laws, regarding motorcycles. In the 1960s, the federal government did require states to have motorcycle helmet laws to qualify for highway funds. However, in 1976, the government was no longer allowed to penalize states for a lack of compliance with helmet safety laws. Most states have some form of helmet law, but not all of the laws are as strict as others.

New Hampshire is the only state that does not have any motorcycle law at all. Some states restrict certain riders but not others. To find out about your specific state’s laws on motorcycle helmet use, it is important to discuss it with a lawyer.

Do Helmet Laws Matter?

After an accident, if your state has a motorcycle helmet law, you could have a citation for breaking the law. This can also affect your motorcycle accident claim. When you file a lawsuit against another driver, you are saying that he or she is responsible for your injuries. In some states, there are comparative negligence laws. This law states that you cannot sue someone or recover any compensation if the person is less to blame for your injuries than you are.

If you weren’t wearing a helmet at the time of your accident and suffered a severe head injury, there may be some question as to how liable the other driver is. Now, of course, if the other driver was driving recklessly and caused the accident, odds are he or she is more at fault than you are for the accident itself. However, if your injuries would have been milder if you had been wearing a helmet, then the law will take that into account.

If you weren’t wearing a helmet at the time of your accident, you could still have a claim against the other driver. If you were injured due to his or her negligence, then you can still file a claim because you weren’t at fault. To find out more about how to pursue your claim, contact a motorcycle accident lawyer, like from Martin Wren, P.C., as soon as possible for a consultation.

Motorcycle accident victims often suffer at the hands of insurers


According to “Ride Smart Florida” there are more than 600,000 registered motorcycles across the state of Florida. Unfortunately, statistics also show that during 2012, there were more than 9,000 accidents involving motorcycles. When you combine the speed of a motorcycle with the lack of protection offered to drivers and passengers, it comes as little surprise when serious injuries or death occur after a motorcycle accident. Continue reading “Motorcycle accident victims often suffer at the hands of insurers”

Man Arrested for Leaving the Scene of Fatal Motorcycle Accident

A motorcyclist was killed in a hit-and-run accident in Volusia County that occurred in February. According to an article in Palm Beach Post, an SUV driver hit the motorcyclist on State Road 415 and immediately left the scene. It was only recently that investigations by the Florida Highway Patrol finally revealed the identity of the driver. The man was arrested at his home on Thursday. He was charged with leaving the scene of an accident involving death and reckless driving for going too fast for the rainy conditions. This tragic local event is a reminder to our Palm Beach County motorcycle accident lawyer about the dangers associated with riding a motorcycle in our area. As this case demonstrates, the risks exist even if the motorcyclist engages in careful riding at all times.motorcycle.jpg

This latest hit and run case illustrates the vulnerability of motorcycle riders. After being hit by the SUV, the rider was thrown from her bike into oncoming traffic. She was then hit by two other drivers and died at the scene.

The Florida Highway Patrol officers were able to determine the SUV driver was present in the area at the time of the accident by examining his cell phone records on the night of the accident. Further, investigators found a receipt in his SUV that showed he had paid a bill shortly before the accident occurred at a restaurant that was in close proximity to the location of the crash. All of this information will likely be important evidence in any subsequent legal actions related to this crash: both criminal and civil.

Palm Beach Motorcycle Accidents

In a previous post, we provided statistics to illustrate the serious dangers of riding a motorcycle. To reiterate, according to the most recent Florida Traffic Crash Statistic Report in 2010, 350 motorcyclists were killed and 6,686 were injured across the state as a result of these accidents. This striking statistic not only provides a clearer picture of just how dangerous riding a motorcycle is, but it also shows that the motorcyclist is likely to suffer the most severe injuries when involved in an accident.

This is often not because the motorcyclist themselves are anything less than careful, but because of the misconduct of those with whom they are sharing the road. Continue reading “Man Arrested for Leaving the Scene of Fatal Motorcycle Accident”

Palm Beach Car Accident Attorney Explains Potential Dangers with Used Car Recalls

Most Palm Beach car accidents involve collisions between two or more vehicles, usually caused by the negligence of one of the drivers. Far too many area residents are harmed in these crashes each day. However, beyond these frequent incidents, cars often pose hidden dangers for many drivers. Those risks are particularly strong when one purchases a used car. Continue reading “Palm Beach Car Accident Attorney Explains Potential Dangers with Used Car Recalls”

West Palm Beach Motorcycle Accident Attorney Advocates for Crash Victims


West Palm Beach motorcycle accidents remain a prevalent problem. Unfortunately, many car and truck drivers continue to ignore or fail to see their fellow travelers on motorcycles–deadly collisions often result.

Many local residents are aware of the increased dangers associated with bikes, but the statistics remain sobering. The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are seven times more likely to be involved in an accident than car drivers. The current accident rate stands at 72.34 per 100,000 registered motorcycles. However, those figures are misleading, because the accident rate between cars and motorcycles is even more disparate. When comparing total miles traveled motorcyclists are a dishearteningly 35 times more likely to be caught in a fatal accident than car drivers. Of course the reason for the increased risk is largely the open and exposed nature of the vehicles as compared to enclosed four-wheel machines. Continue reading “West Palm Beach Motorcycle Accident Attorney Advocates for Crash Victims”

Florida Car Accident Attorney Explains Importance of Proper Investigations

file7571263662948.jpgAn experienced West Palm Beach car accident lawyer knows how important it is for thorough, accurate, and complete car accident investigations to be conducted following all traffic crashes. Every day thousands of community members, including many in our area, find themselves victims of car, truck, and motorcycle accidents. The causes of these incidents are often complex–various factors may be involved that are not apparent at first glance. Even when the cause of a West Palm Beach car accident seems clear, a proper investigation may reveal that distractions, malfunctions, or other types of negligence contributed to the accident.

For example, this morning WPBF News reported on a fatal Cooper City car accident that struck yesterday afternoon. Around 3:30 p.m. the victim was driving his car on a local road in Broward County, when, according to witnesses, his vehicle abruptly drove into a yard. The car then crashed through a fence and hit a tree before flipping over and sliding nearly two hundred feet along a gully. The driver was ejected from the vehicle during the accident and did not survive his injuries. Continue reading “Florida Car Accident Attorney Explains Importance of Proper Investigations”