Need a Florida Motorcycle Accident Lawyer and looking for an ethical, experienced and aggressive lawyer to figure out if you may be entitled to money compensation for your serious injury?
Wearing a Motorcycle Helmet and Brain Injury in Florida
It is your right as an individual and as an adult to choose to wear a motorcycle helmet or not.
Your choice not to wear a helmet cannot be held against you, technically, as a violation of law. There is an often overlooked point of Florida Law which holds you accountable for that part of your injuries which would not have happened if you had been wearing a helmet.
In the event of a motorcycle accident, injuries to the head, neck and brain are going to happen, even if the motorcyclist was wearing wore a full body helmet.
The motorcyclists' helmet does help lessen the shock of impact to the skull, but it does not lessen the acceleration or deceleration of the head inside the helmet. Sadly, helmets are not designed to save your brain under all circumstances.
Most head injuries have two impacts. The initial impact is when the skull hits the road, car, or an immobile article, and the "secondary impact" is the rapid, and violent brain movement around the inside the skull.
During this secondary impact, the brain can get bruised, swollen, and deformed, and vital functions, can be impaired.
Yes I wore a helmet but I was still injured:
What is important to understand is that even if you were not wearing a helmet, it may not have made a difference.
Wearing a helmet does not mean you will not be injured in the event of a motorcycle accident.
During a motorcycle injury, when the helmet hits the ground, the skull hits too, because your brain is encased within your skull. The brain undergoes violent movement and compression forces within the skull.
Even if the helmet appears undamaged, the motorcyclist may still have sustained a concussion or serious injury.
When assessing a motorcycle accident that resulted in a serious head injury, while the motorcyclist wore a helmet, an experienced motorcycle accident lawyer may opt to use a biomechanical engineer to calculate the force of impact, including the vectors, acceleration, deceleration and other technical components of the accident. The biomechanical engineer will offer an opinion, if there is sufficient evidence and data, about how the motorcyclist sustained the serious head injury even though the motorcyclist was wearing a good motorcycle helmet.
Getting you the most money you deserve means understanding all the unique facts and circumstances about your accident.
I consult with accident engineers and traffic homicide detectives to investigate the scene and the physical evidence.
After a motorcycle accident, it is in the motorcyclists' best interest to keep the motorcycle, the helmet, and the clothing worn at the time of the accident, until it can be inspected.
Call me to initiate investigation. If you are able to, take pictures of the road - if there is anything about the road that you think contributed to the accident, like loose gravel or construction cones, maybe a change of surface, grade or a pothole.
If there was another vehicle involved, try to remember all the conversations you may have had with the other driver, and any statements made by the other driver.
Motorcycle cases are not as easy as they may appear to be. There are many facts and factors that I will need to know of, in order to best evaluate your case.
Under Florida law, the accident must be at least partly the fault of another. In order to get money compensation for pain and suffering, and other damages you must meet certain threshold requirements, which will be explained to you at your first meeting with me. Call me now, toll free, on 888 446 1999, or on my cell: 954 683 0355.
I have represented hundreds of motorcycle accident victims, with more than 30 years experience as a personal injury lawyer. Each case is individually prepared and investigated in order to obtain the most favorable possible result. Among the cases I have handled, the liability circumstances and injuries included:
• A motorcycle policeman was hit and killed by a drunk driver
• An elderly man driving a vehicle with expired tag rear ended a motorcycle while at a stop light- broken forearms and concussion.
• A motorcyclist on a Honda Gold Wing hit a slick area of pavement due to standing water which had not been drained by a road making Construction Company, resulting in massive road rash and disfigurement.
• An auto (many like this) ran a stop sign, hitting a motorcyclist, resulting in multiple fractures.
• A motorist claimed he did not run a stop sign, but the physical evidence of skid marks proved otherwise.
• A car attempted to make a U turn, striking a motorcyclist, resulting in two knee surgeries and a knee reconstruction.
• A motorcyclist was forced to leap off his motorcycle while trying to avoid a car backing up in a parking lot, resulting in injuries to a pre existing back condition.
If you have been injured in an accident while riding your motorcycle, as a consequence of another road user's negligence or carelessness, you need to call me.
If your motorcycle accident was caused by a defective tire, a blow-out of a tire, or any other product defect on a motorcycle, causing injury, you need to call me.
In such cases, be sure to keep the evidence. I am able to arrange for storage of any motorcycle where there is a substantial question about whether or not the motorcycle needs to be preserved as evidence of how the accident happened.
Call me toll free, on 888 446 1999, or on my cell: 954 683 0355. Our first consultation is free, and should I accept your case, there will be no charges or fees unless I am able to secure money compensation for you.
Related information and articles:
http://home.ama-cycle.org/amaccess/laws/result.asp?state=fl
Safety Helmet
Equipment for motorcycle and moped riders
http://www.bikersrights.com/states/florida/florida.html
Partial Freedom
Equipment for motorcycle and moped riders
http://en.wikipedia.org/wiki/Motorcycle_safety
Hurt Report
http://journals.lww.com/jtrauma/Abstract/2010/02000/Motorcycle_Related_Injuries__Effect_of_Age_on_Type.30.aspx
Motorcycle-Related Injuries
http://www.neuroskills.com/pr-motorcycle.shtml
Motorcycle Injuries on the Rise
Check out the new Free Accident Helper iPhone App by Mark Leeds called Accident Helper. It is a handy little app to have if you are in an accident.
| Mark J Leeds, P.A. Main Office Ft. Lauderdale 633 S. Federal Highway 8th Floor Fort Lauderdale, FL 33301 Cell: 954 683 0355 Toll-Free: 888 446 1999 Fax: 954 523 8844 |
Mark J Leeds, P.A. All of Florida Including Boca Raton, Boynton Beach, Bradenton, Cape Coral, Fort Myers, Fort Pierce, Fort Lauderdale, Hollywood, Homestead, Jupiter, Key West, Melbourne, Miami, Naples, Ocala, Orlando, Palm Beach Gardens, Pompano Beach, Port St Lucie, Sarasota, Stuart, Tampa, Venice, West Palm Beach |
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