Frequently Asked Questions |
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Automobile and Motorcycle Accidents
If you think you may need an attorney for such a case in the Tampa Bay, Florida area, [ contact us today ].
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What should I do if I'm involved in an automobile accident?
The most important thing you can do is to document the entire situation by taking careful notes soon after your accident. While this step is often overlooked, it can help make the entire claim process easier on you -- and increase your chances of receiving all the compensation to which you are entitled. Having notes to remind you of all the details of what happened, and what you went through, is far easier and far more accurate than relying on your memory.
What determines who is responsible for a traffic accident?
Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. For vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must learn to pass the driver's license test. Complete rules are contained in each state's Vehicle Code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians.
Sometimes a violation of one of these traffic rules is obvious and was clearly the cause of an accident -- for example, when one driver runs a stop sign and crashes into another. In other situations, whether or not there was a violation will be less obvious -- a common example is a crash that occurs when drivers merge into a single lane of traffic. At other times, there may have been a traffic violation that had no part in causing the accident, and therefore should not affect who is liable.
What if the cause of a traffic accident is not clear?
It is sometimes difficult to say that one particular act caused an accident. This is especially true if what you claim the other driver did is vague or seems minor. Yet, if you can show that the other driver made several minor driving errors or committed several minor traffic violations, then you can argue that the combination of those actions caused the accident.
Can I be found liable if my car is rear-ended in a crash?
If someone hits you from behind, the accident is virtually always that driver's fault, regardless of the reason you stopped. A basic rule of the road requires that a driver be able to stop safely if a vehicle stops ahead of the driver. If the driver cannot stop, he is not driving as safely as the person in front of him.
Besides rear-end collisions, are there any clear patterns of liability in traffic accidents?
A car making a left turn is almost always liable to a car coming straight in the other direction. Exceptions to this near-automatic liability can occur if:
- The car going straight was going too fast (this is usually difficult to prove)
- The car going straight went through a red light, or
- The left-turn car began its turn when it was safe but something unexpected happened that made it have to slow down or stop its turn.
Whatever the contributing factors, the law says the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic.
How do motorcycle accidents usually occur?
Motorcycle accidents occur in many different ways, but there are some observable trends. Being aware of them may help motorcyclists and drivers avoid dangerous behavior while on the road.
Most motorcycle accidents involve a motorcycle and another moving vehicle. In more than three quarters of these accidents, it is the front of the motorcycle that strikes the other vehicle. More than one-quarter of motorcycle accidents happen, however, when a motorcycle crashes into a stationary object. In any case, motorcycle accidents are more likely to occur when either the driver or the motorcyclist is speeding or is under the influence of alcohol.
Is it true that young people, mostly teenagers, are involved in the highest number of motorcycle accidents?
Surprisingly, no. Victims of motorcycle crashes are increasingly likely to be older people riding large motorcycles on rural roads, according to a study by the National Highway Traffic Safety Administration.
Baby boomers are making up a greater portion of motorcycle riders, as well as a greater proportion of fatalities, according to the report. In 1998, when 43.7% of owners were over 40 and the average age was 38, older riders for the first time made up the majority of those killed in motorcycle crashes.
Since 1990, deaths for the 29-and-under age group have been steadily declining. In 1999, the average age of a person killed on a motorcycle was 36.5 years.
What can be done to prevent motorcycle accidents?
Taking precautions and driving or riding defensively can prevent some motorcycle accidents. Statistics back this up. In 2000, the number of motorcyclists who were speeding at the time of a fatal motorcycle accident was double that for drivers of other vehicles. Furthermore, motorcyclists were more likely to be riding without a license or while under the influence of alcohol. By avoiding such behavior, motorcyclists can reduce their odds of being in a crash. By being aware of other vehicles, especially large trucks with significant blind spots, motorcyclists can avoid some potential accidents. In case an accident does occur, wearing a helmet can provide some protection.
What should I do if I am involved in an accident on my motorcycle?
Motorcycle accidents can be frightening and confusing, especially if an injury or fatality occurs. It is important to remain calm so that you can gather the information you need both at the scene and in the days following the accident.
In accidents where serious injury occurs, it may not be possible to gather all the information you need on the spot. Whenever possible, however, be sure to record:
- Names, addresses, and phone numbers of the people involved
- Insurance information from the other driver(s)
- Names and phone numbers of any witnesses, including police officers, if they are present
- The circumstance of the accident, including the location
- Any known injuries or obvious vehicle damage
As soon as possible after a motorcycle accident, you should:
- Contact your insurance company
- File a police report (if there have been injuries or significant property damage)
- Schedule a consultation with a qualified attorney who specializes in motorcycle accident cases
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Automobile and Motorcycle Accidents
If you think you may need an attorney for such a case in the Tampa Bay, Florida area, [ contact us today ].
|
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DISCLAIMER - Please note that the answers to these questions should not be construed as legal advice as all situations differ, and you should always consult with a lawyer before making any decisions regarding injury claims or other legal matters referred to herein. These answers are intended to provide general information only. |
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