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More than 620,000 motorcycles are currently registered in the state of Florida. Data indicates that the rate of deaths in motorcycle accidents is far higher than vehicle crashes due to the lack of physical protection afforded to bikers. Losing a family member in a motorcycle accident is traumatic enough, but when the negligence of another party is to blame, victims deserve justice.
The law firm of Kogan & DiSalvo has witnessed the physical, emotional, and financial burdens that can accompany the wrongful death of a loved one. With an experienced Stuart motorcycle accident lawyer at your side, your family can rest assured that negligent parties will be held accountable.
Our compassionate attorneys work diligently to help surviving family members secure fair compensation following a devastating loss.
Why Hire a Stuart Fatal Motorcycle Accident Lawyer?
At Kogan & DiSalvo, our knowledgeable lawyers support and guide you through the complex legal process. Our team understands the unique issues of motorcycle collisions involving fatalities and wrongful death.
Our attorneys are wholly committed to helping your family secure rightful monetary damages for your loss. And while no amount of compensation can erase the heartache endured, it can help cover expenses and provide economic stability as you move forward.
We collect evidence to demonstrate liability and work with expert witnesses to ensure that your claim is thoroughly prepared and credible. Thoughtful analysis is conducted to calculate the full compensation you are due for the wrongful death of a loved one.
As your legal representative, we know how to overcome defense strategies used to deflect liability and minimize compensation. And lastly, our firm offers zealous representation on a contingency-fee basis. There are no upfront legal costs, and we only get paid if a settlement or court award is recovered in your wrongful death claim.
We offer free, no-obligation consultations to families in Stuart, FL, and throughout Martin County and across Southern Florida.
Motorcycle Accident Statistics in Florida
According a study by the Florida Department of Transportation, car and truck drivers are mostly at fault for motorcycle accidents in the Sunshine State. Some 60 percent of serious collisions are caused by motorists who fail to yield the right of way to bikers. Unaware and distracted drivers are a constant threat to motorcyclists in Florida.
Last year, there were 8,638 motorcycle accidents reported in Florida, and nearly 600 motorcyclists died. Most alarming is that fatal motorcycle crashes have risen steadily in recent years. Whether this attributed to the sheer number of bikers on Florida roads or an uptick in careless driving, the results are sobering.
Studies show that Florida ranks number four in the nation for the number of motorcycle accident deaths.
Florida law only requires operators of motorcycles and their passengers who are under the age of 21 to use a helmet. Those who are 21 or older and have at least $10,000 in medical insurance coverage do not have to wear a helmet while operating a motorcycle or riding passenger. Helmet use, according to the CDC, can prevent death in up to 41 percent of motorcycle accidents.
After a fatal motorcycle accident in Florida, our attorneys can evaluate the circumstances and explain your rights to file a claim for wrongful death.
Who Is Liable in a Fatal Motorcycle Accident?
If your loved one suffered fatal injuries in a motorcycle crash, the at-fault person or parties may be held legally accountable for your losses. Proving liability will largely hinge on the specifics of each accident claim. Thorough investigations are crucial for identifying the source of negligence.
Potential liable parties may include:
- Negligent driver – who was distracted, speeding, violating traffic signals, driving recklessly, intoxicated, or fell asleep at the wheel
- Manufacturer – if the fatal motorcycle accident can be traced back to a defective part or component of the motorcycle or other vehicle involved
- Government agency – the negligence maintenance of roadways can result in serious accidents. Government entities may be held liable if there were missing guardrails, road markings, or uneven lanes that caused the collision
Some deadly motorcycle accidents may entail several liable parties. Our firm is prepared to handle the most complex cases and will always be by your side – ensuring your interests are protected.
Major Causes of Death in Motorcycle Accidents
The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are 28 times more likely to die in roadway accidents compared to those in passenger vehicles.
The following are some of the top causes of fatal motorcycle accidents:
- Driving under the influence of drugs or alcohol
- Lack of protective gear
- Reckless and negligent driving
- Drivers making a left turn
- Poor road conditions
- Drivers who fail to yield
- Distractions behind the wheel
To prevail in a fatal motorcycle accident claim, our lawyers must prove the following elements:
- That the defendant owed the victim a duty of care
- The defendant failed to exercise reasonable care under the circumstances
- The defendant’s breach of duty caused your loved one’s death
- The fatality resulted in economic and non-economic damages
Suing for Wrongful Death in Stuart, FL
Florida law allows the following individuals to file a wrongful death claim on behalf of a relative who died after a motorcycle accident.
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- The decedent’s dependent family members (blood-related or adopted)
Compensation for a Fatal Motorcycle Accident
Legal action for the death of a loved one can help you recover compensation for a variety of losses. You can count on our motorcycle accident attorneys to seek maximum compensation for all expenses related to your family member’s death. The monetary award should reflect all types of damages, including burial and funeral expenses, end-of-life medical bills, and the loss of financial support that the decedent would have provided.
A wrongful death claim can also demand damages for:
- Pain and suffering
- Loss of the decedent’s future income
- Loss of future inheritance
- Lost companionship and counsel
- Loss of spousal consortium
- Loss of parental guidance and support
Statute of Limitations for Legal Action
Florida allows two years to bring a wrongful death action. The clock starts ticking on the date of the decedent’s death.
As in any type of legal claim, time is of the essence. Valuable evidence can be lost or destroyed with each passing month. In order to assert your rights and hold negligent persons accountable for the loss of your loved one, it’s imperative to seek legal guidance as quickly as possible.
Fatal Motorcycle Accident Attorneys Stuart FL
At Kogan & DiSalvo, we are dedicated to providing exceptional advocacy during your time of hardship. We understand the emotional nature of these cases and promise an unrivaled level of compassion and support through each phase of the legal process.
We offer the candor, respect, and personal attention you deserve when processing the wrongful death of a loved one. After a fatal motorcycle accident, please contact our Stuart office to schedule a free case evaluation.
Don’t let insurance companies take advantage of your family. Our firm has recovered millions of dollars on behalf of clients, and provides powerful, results-focused representation in fatal motorcycle accident claims. We charge zero legal fees unless you win or settle your case. Reach out today!
