Motorcycle accidents are the most common type of fatal accidents in Delray Beach, Boca Raton and the United States in general. While bikers are more susceptible to serious injuries while riding on I-95, Congress Ave. Atlantic Ave. and other Delray Beach roadways than other drivers and passengers because their rides offer less protection, this doesn’t mean they deserve any less legal protection when it comes to injury and especially death. In fact, there are a variety of ways that motorcycle accident fatality victims and their families can seek justice.
A motorcycle accident wrongful death lawsuit is brought forth by a surviving family member of the deceased through a personal injury lawyer. This action is a form of civil litigation that strives to secure an award of a substantial financial settlement to cover the many expenses incurred to the family due to the loved-ones untimely death. A fatal accident is considered a wrongful death case if the other person involved in the accident caused the death as a result of their negligent or erroneous actions.
For example, say a motorcyclist is riding his Harley Davison on the Turnpike, pulls off at the Atlantic Ave. exit and a SUV driver slams into the back of their bike at the stop sign. The crash kills the biker and the other vehicle driver has a 0.10 BAC when tested after the fact. The driver would not only face penalties for drunk driving and causing a death, but the family of the deceased would have the right to file a wrongful death suit through their motorcycle injury lawyer.
Another instance might be if a Lyft or Uber driver were driving recklessly, perhaps looking at his app while he should be looking at the road. ‘No Texting and Driving” is the law in Florida, but not every driver follows the law as they should. Rideshare companies like Lyft and Uber have an overall good reputation. Still, you can’t control an individual driver’s behavior or habits, so it’s essential to be aware and only ride with drivers who seem to be sober and attentive to the rules of the road. Otherwise, there could be the potential for an accident involving a fatality.
Wrongful deaths, unfortunately, occur from time to time across Palm Beach County and are especially prevalent in high traffic areas such as Atlantic Ave. in Delray Beach, Florida, on Glades Road, and along 1-95 and the Florida turnpike. In fact, there were over 400,000 crashes reported in the state for 2019 alone. A considerable number of those deaths were eventually brought to court for wrongful death claims. The number of fatal motorcycle crashes each year in Florida is approximately 550 per year.
There are many reasons why motorcyclists need qualified legal representation to help them battle the insurance company after an accident occurs. Insurance company attorneys will try to fight your claim which may include claims such as:
– The victim was not wearing a helmet
– Motorcycles don’t always have safety features such as airbags and seatbelts
– Motorcycles don’t provide protection from other vehicles on the road and lack structural integrity to protect riders from injury
– Insurance companies may refuse to pay for damages if they deem it was partially the fault of the rider as well.
Anyone currently living in and around the Boca Raton, Delray Beach or Boynton area who knows someone who has been seriously injured or passed away in a fatal motorcycle wreck should reach out to the legal team at Zappitell Law Firm for a confidential consultation. Not only is David Zappitell an accomplished personal injury attorney, but he’s an avid Harley Davidson rider as well. Mr. Zappitell specializes in litigating with insurance companies on his client’s behalf. He is Board Certified by the Florida Bar in civil trial litigaion, a 5 Star Lawyer, ‘Super Lawyer’ and maintains an AVVO rating of 10.0 ( superb ).
Whether the death resulted from a bike accident, rideshare incident, or other negligent situation, you deserve compensation to help cover the expenses and loss of income from the untimely passing of your family member. Reach out today by calling (561) 330-6330 for more details or to schedule a complimentary consultation.