On August 10, Russell James Wellington, 59, was struck by a vehicle when riding his motorcycle on U.S. 1. Wellington, a Key Largo resident, was flown to Ryder Trauma Center and in critical condition. He was struck by a Nissan Sentra driven by Ji Young Chung, 42, from Duluth, Georgia. Chung was driving north in the right lane, and Wellington was riding in the inside lane. He did not have on a helmet. Chung attempted to make a left turn onto East Drive. The front left of his vehicle struck the right side of Wellington and his bike. Chung claims he did not see Wellington, and he was cited for making an improper turn. The car that struck Wellington was cited for an improper turn, which is a common factor in motorcycle accidents. Vehicle drivers all too often do not see motorcycle riders, they are too focused on looking for other cars, trucks, and vans. They miss smaller riders who may be less visible in the early morning or at night.If you or a loved one were struck in a motorcycle accident, you should contact an experienced Miami motorcycle accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905. If there is evidence that the other person was at fault, then you may have the right to pursue compensation. An attorney can represent you in seeking compensation through an insurance claim or personal injury lawsuit.
Common Causes of Motorcycle Accidents
Motorcycle accidents are often caused by:
- Speeding above the posted limit
- Speeding beyond what is appropriate for the weather or road conditions
- Driving under the influence of drugs or alcohol
- Unsafe lane changes
- Left hand turns
- Lane splitting
- Vehicle blind spots
- Dangerous road conditions and designs
Pursuing Compensation After a Motorcycle Crash
If you or a loved one were struck while riding a motorcycle, you should speak with a motorcycle accident lawyer in Miami as soon as possible. When there is evidence that another driver is at fault, then a lawyer can advise you on seeking compensation.
To obtain compensation after a crash, you will need evidence that the other driver was careless, reckless, or acted in an intentionally harmful manner. Your lawyer can use a variety of evidence to prove this to an insurer or in court. Your lawyer will utilize your testimony of the events as well as other witness’s testimony. The police report can also be useful, though in more complex cases, your lawyer may hire an accident reconstructionist. This is a professional who has specific expertise in recreating accidents to determine the factors that contributed to the crash and who was at fault. Additionally, your attorney will investigate the accident and search for video and photographic evidence of what happened.
By proving the other driver’s negligence, you may seek compensation for:
- Your current and future medical expenses,
- Your lost wages from while you are off work,
- Your physical pain and suffering,
- Your emotional distress and psychological trauma,
- Any scarring or disfigurement,
- Any permanent limitation/disability you experience,
- Your reduced earning potential, and
- Your loss of a normal life.
Contact Gerson & Schwartz P.A. Today
After a motorcycle wreck, you may wonder whether you need an attorney. At Gerson & Schwartz P.A., we highly recommend you give us a call. We offer free initial consultations, so there is no risk is speaking to us about your situation and how we may be able to help.
After crashes in which you or a loved one were injured, you have a lot on your plate. You need to concentrate on getting better and spending time with your family. You do not need to deal with an insurance adjuster or worry about filing a lawsuit. That is what we are here for. We are highly experienced in dealing with insurance companies and negotiating appropriate accident settlements. When necessary, we will file a lawsuit and represent you in court. Most accidents are resolved outside of court. However, we can use a lawsuit to show insurers we are serious and to further investigate the case.
To discuss your legal rights and options after a motorcycle accident, call Gerson & Schwartz P.A. at (305) 371-6000.