Neck Injuries in Motorcycle Accidents

Motorcyclists have little protection when riding, which means if they are involved in a collision with another vehicle, the likelihood of a serious injury is great. Neck injuries are some of the most common sustained in motorcycle accidents. Although wearing a helmet lowers the risk for neck injuries for riders, it does not prevent them entirely. Many motorcycle accidents are caused by the negligence of another motorist, who is either not paying attention, or does not respect the rights of motorcyclists on the road. When a neck injury is caused by a negligent party, those injured may pursue personal injury claims to receive the compensation they need to aid in their recovery. Miami motorcycle accident lawyer Robert Dixon assists victims who have suffered a neck injury determine their next legal steps. The Law Offices of Robert Dixon offers dedicated and seasoned legal guidance to clients across Miami-Dade, Broward, and Palm Beach Counties, as well as throughout South Florida. If you’re not sure about your legal rights or options in the aftermath of a motorcycle collision, please contact the Law Offices of Robert Dixon to schedule a free consultation.

Insurance companies cite neck injuries as the most common claims arising out of motorcycle accidents. Nationwide, motorcycle collisions are the leading cause of back and neck injuries, including herniated discs and whiplash. Florida does not require motorcycle riders to wear helmets, and as such, the potential for neck injuries rises for those who choose to ride without such head and neck protection. Neck injuries in motorcycle accidents can lead to a lifetime of struggles for a victim, including chronic pain as well as changes to their job abilities.

Whiplash, although usually temporary, is the most common neck injury. Whiplash occurs when a neck’s tendons and ligaments are injured after a rapid shift in movement back and forth. Neck injuries can also include broken bones, bulging or herniated discs, as well as neck sprains and strains. Sometimes symptoms of a neck injury are delayed, and without treatment can get more severe. These symptoms can include stiffness, pain, decreased range of motion, and numbness, as well as back and shoulder spasms. If you experience any of these, it is important to seek medical attention right away so that proper diagnosis and care may be administered.

Often motorcycle accidents are caused by another driver’s negligence. Negligence is the legal theory on which many personal injury claims are based, and a seasoned accident lawyer can help you assess whether you can prove negligence in your case.

A driver is negligent when he or she breaches a duty to act as a reasonable person would given the circumstances, and that breach causes injury and results in damages. Even if a motorcyclist is partially negligent in causing his or her own injury, legal action is still available against other negligent parties. For example, if a biker is not wearing a helmet, contributing to his or her neck injury, but another driver has failed to yield the right of way, they both may be found negligent. Under Florida law, courts follow a pure comparative negligence scheme when awarding damages, which calculates compensation in proportion to each party’s degree of fault. As such, a motorcyclist found 40 percent liable may still recover 60 percent of their damages from another at-fault party. These damages can include past and future medical costs, any loss of income, diminished earning capacity, and pain and suffering.

Neck injuries in motorcycle accidents, depending on their severity, can leave a lasting impact on victims, involving ongoing medical treatment, time missed from work, rehabilitation, and other life-disruptions, all of which can be costly. Motorcycle accident attorney Robert Dixon can help make sure victims pursue the compensation they need from the parties responsible for their harm. If you have questions following a motorcycle accident, please call the Law Offices of Robert Dixon at 877.499.4878 or contact us online to set up a free, no obligation consultation about your potential claims. We represent clients in areas including Miami, and West Palm Beach.