A spokesperson for the Florida Highway Patrol reported that a man was killed when a car ran into his motorcycle on Northwest 31st Avenue. The man was traveling on his motorcycle on Northwest 31st Avenue at the time of the crash. The driver of a Hyundai Elantra in the northbound lanes tried to make a right turn into Northwest 20th Street and crashed into his motorcycle. The police report said the motorcyclist was wearing his helmet but was later pronounced dead at the scene of the accident. According to the crash report, the driver and her passenger were both taken to a hospital nearby with minor injuries. Florida Highway Patrol said the accident is still under investigation and all charges are pending. No further details have been released. This motorcycle accident took place at the intersection of Northwest 31st Avenue and Northwest 20th Street. This motorcycle crash resulted in one fatality. Our firm understands that fatal motorcycle accidents like this one can cause life altering effects. Serious injuries and fatalities can affect the lives of all parties involved along with their respective families. If you or someone you love were recently involved in a motorcycle accident, contact our firm today to explore your legal options and see if you qualify for legal compensation.
Negligence in Motorcycle Accident Cases
Motorcycle accidents are rarely intentional because few people really intend to get into one. In fact, most motorcycle accident lawsuits filed are due to a driver’s carelessness or negligence. Although intentional torts such as battery and false imprisonment are the easiest to see as wrongful, the most common torts involve harm caused by carelessness, not intentional harm. This area of tort law is called negligence. When we say that someone has been negligent, we mean that they have injured someone by failing to act with a reasonable care. For instance, a motorcycle rider is negligent in talking on his cell phone and letting his attention drift from the road, causing a motorcycle accident. Negligence is when a person has acted wrongfully not in meaning to cause harm but in acting without sufficient concern for the interest of others. Overall, society wants to discourage that type of behavior and to encourage people to act carefully. The injured victim has suffered the loss and it seems fair that the careless tortfeasor who causes the harm should bear the burden of that loss. The general idea behind negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to others. Of course, putting a word like reasonable any legal rule invites the problem of having to set standards and devise a process to give determine its meaning.
Liability in Motorcycle Accident Cases
Liability for negligence is narrower than liability for intentional torts. This is because when a person commits an intentional tort without justification, there is no legally justifiable reason to do so. For example, it is never legally acceptable to punch another person in the face absent consent or self-defense. On the other hand, a defendant in a negligence was usually performing an activity such as driving a car or riding a motorcycle at the time of the accident. These are all legal and acceptable tasks that are even necessary for most people. However, a driver has a duty to exercise a reasonable care to avoid injuring pedestrians and motorcyclists because there is a direct relationship between the dangerous conduct and the potential harm to the victim. If a driver is talking on a cell phone and not paying attention, it is foreseeable that they will hit a pedestrian. If they do, the pedestrian may suffer serious injuries that will result in doctor and hospital bills, lost wages, and considerable pain and suffering. Because the injuries were caused by the driver’s carelessness, it is fear that the burden of those cost should be shifted from the pedestrian to the driver. In this and other situations motorists should make it a point to drive carefully to avoid injuring other occupants of the road.
Speak with a Accident Lawyer Miami Today!
If you are looking to pursue a motorcycle accident injury case and want to discuss your options going forward, contact one of our skilled motorcycle accident attorneys today! Don’t allow negligent drivers to cost you money, time, or cause you aggravation. If you were hurt in a motorcycle accident, it is smart to connect with a local motorcycle accident lawyer so that you can obtain vital information on how to begin the process of filing a claim or filing a lawsuit. At Suarez and Montero, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the at-fault party. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of motor vehicle accidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
