Car accidents are not the only type of motor accident that can result in serious injury to you or a loved one. Avera & Smith has extensive experience handling all types of injury cases when pedestrians or motor vehicles, other than cars, are involved.

Although it may take only seconds to occur, the effects of a motorcycle or scooter accident can last weeks, months, years or, in some cases, a lifetime. Riders often suffer from road rash, broken bones, traumatic brain injuries, spinal cord damage and other catastrophic injuries.

Motorcycle & Scooter Accidents

Our Florida motorcycle accident lawyers have more than 100 years of combined experience serving bikers and other individuals harmed by the negligence or wrongdoing of others.

Florida’s Motorcycle Law

Florida motorcycle law makes negligent drivers responsible and liable to motorcyclists. A motorcycle rider involved in an accident in Florida may be able to obtain compensation for his or her injuries caused by another driver’s negligence. Damages may include payment for:

• Pain and suffering
• Scarring or disfigurement
• Medical bills
• Lost wages
• Loss of enjoyment of life
• Other damages

As in other cases, if you’ve been hurt in a motorcycle, scooter or motor vehicle accident, do not speak to any insurance company but your own before discussing the accident with a lawyer.

Florida’s Helmet Laws for Motorcycle Riders

On May 8, 1996, the State of Florida overturned its 30-year-old helmet law, ruling it “unconstitutional.” Sadly, the lives of many Florida motorcycle and scooter riders have been lost due to the elimination of this law. While going helmet-less may not break the law, it leaves a motorcyclist vulnerable to serious head injury in the event of a crash.

While many people believe that motorcycle helmets prevent brain injuries in the event of serious crashes, this may not always be true. Sometimes the weight of a helmet can affect an accident victim’s neck in such a way that it may further contribute to injuries.

With or without a helmet, no matter how head injuries from motorcycle accidents occur, the results can be devastating to cope with. A brain-injured accident victim may face:

• Expensive emergency medical treatment
• Ongoing medical care, therapy and rehabilitation
• Lingering effects such as migraine headaches, personality changes, negative impact on certain body functions, difficulty concentrating, irritability and other difficulties—even when head injuries are not catastrophic
• Loss of the ability to earn a living, either temporarily or permanently
• Loss of enjoyment of life as before an accident

Our Florida motorcycle accident attorneys have seen too many terrible results of people injured or killed when a helmet may have saved their lives. We recommend that if you ride a motorcycle, always wear a helmet.

Trucking Accidents

Florida has the fourth-largest number of trucking accidents in the country. Cargo vans, delivery vehicles, 18-wheelers, tractor-trailer rigs and other large trucks pose their own special risks on the road. Unfortunately, the government has limited the penalties to trucking companies that break the law and cause accidents.

At Avera & Smith, we have significant experience in cases involving negligence by truckers or trucking companies. Our Gainesville, Florida truck accident lawyers have a proven track record of success in these types of cases. Drawing upon the expertise of our Florida Bar board certified specialist in civil trial law, we will do everything possible to get you the compensation you deserve.

Truck Driver Errors

Professional truck drivers are expected to remain attentive and alert at all times. Any error they make compromises the safety of nearby drivers. Some common truck driver errors are:

• Changing lanes without signaling
• Driving under the influence of alcohol or drugs
• Driving on too little sleep
• Speeding
• Tailgating
• Ignoring stop signs, railroad crossings and traffic lights

Trucking Company Liability

Trucking companies are responsible for safe operation, including routine maintenance and driver training. When a trucking company violates the rules, it may be found liable for any damages caused by its negligence. If you or someone close to you has been injured or died because of a trucking company’s negligence, call our Florida truck accident attorneys. You may be entitled to receive compensation for the following:

• Medical expenses
• Pain and suffering
• Wrongful death
• Lost wages
• Property damage 

Laws Regarding Hours of Service

• Truck drivers are not permitted to drive more than 11 consecutive hours within a 14-hour period following 10 consecutive hours off duty
• Truck drivers are not permitted to drive more than 14 hours total in any 24-hour period
• Truck drivers cannot be on duty for more than 60 hours in any consecutive 7-day period or more than 70 hours in any consecutive 8-day period

Faulty Equipment Truck Accidents

Truck accidents due to faulty equipment can normally be traced back to human error, such as:

• Manufacturer defect
• Maintenance omission
• Inspection oversight
• Truck driver failure to inspect, report or repair

When our Florida truck accident lawyers represent people injured in trucking accidents, we often learn that faulty equipment issues come down to one underlying cause: truck drivers are rushed and under pressure. They have loads to deliver and places to go. They may know that brakes need repair or that light signals aren’t all working as they should—and they may intend to do something about it “very soon,” and then an accident happens.

Deferred maintenance can lead to tragic loss when a missing light causes a car-truck collision, for example. Faulty equipment often falls under the category of “driver error.” It may also trace back to negligent servicing by another entity completely outside the driver’s knowledge or control.

Truck Rollover Accident Injury Lawyers

Rollover accidents happen under a variety of circumstances, including:

• Car or truck forced out of lane by another vehicle
• Highway entrance or exit ramp curved too tightly
• Narrowing, suddenly curving or disappearing lanes in construction zones combined with traffic congestion, poor visibility, insufficient or confusing signage and/or speed
• Driver error
• Driver distracted
• Driver’s foot accidentally stepping on the accelerator
• Medical emergency or other anomaly leading to sudden jerking of the steering wheel
• Slippery roads combined with speed, curves, vehicle factor(s) and/or driver performance factor(s)
• Poor vehicle design conducive to rollovers

Overloaded Truck Accident Lawyers

Accidents due to overloaded trucks are one of the most common types of truck accidents. Other frequently cited causes include driver error, roadway defects, faulty equipment, traffic congestion and inclement weather conditions. The Florida truck accident attorneys at Avera & Smith look into all possible causes when representing people who have been injured or lost family members in trucking accidents.

Confirming that a truck was overloaded may involve investigation into details such as:

• Whether the truck was weighed as required
• Whether cargo was properly secured within the storage section of the truck
• Whether the truck driver involved in the accident or the trucking company had a history of overweight violations

Besides weight as a factor in overloading accidents, bulk and lack of sufficient tie-downs can be an issue in the case of flatbed trucks and open cargo areas of pickup-style trucks.

We have helped clients recover ample compensation for injuries and losses, including:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Amputations
• Accidental death of spouse, parent or child

Interstate Accidents

Interstate 75, Interstate 10, Interstate 95 and Interstate 4 are all major thoroughfares for motor vehicle traffic throughout Florida. Sadly, these highways are also the scenes of countless accidents every year.

If you have been hurt in a car, motorcycle or truck accident on any of these dangerous interstates, you can count on the lawyers of Avera & Smith. Our office is in Gainesville (next to I-75), and we are all-too-familiar with the roads, the local conditions and your rights under Florida law.

If the accident was caused by the negligence or wrongdoing of another driver, we can help you pursue the money you need to cover medical bills, pain and suffering, lost wages and more.

Pedestrian and Bicycle Accidents

When a motor vehicle collides with a walker, jogger or bicyclist, the injuries of the person on foot or on the bike are always more severe. These pedestrians and bike riders frequently suffer traumatic brain injuries, spinal cord injuries, broken bones or even wrongful death.

Did You Know?

The Florida Department of Highway Safety and Motor Vehicles reported that in 2018 alone, 994 pedestrians were killed and 8,578 more were injured in traffic accidents within the state. In addition, 227 bicyclists were killed and 6,804 more were injured that same year.

Holding Reckless Drivers Responsible For the Injuries They Cause

Just because you were not in a car doesn’t mean you have no legal rights. You do. Our lawyers have a thorough knowledge of the legal rights of pedestrians and bicyclists in Florida, and we will take action to hold negligent drivers accountable for their harmful actions.

Examples of driver negligence may include:

• Drunk driving
• Distracted driving (e.g., texting while driving)
• Ignoring red lights or stop signs
• Making illegal turns
• Speeding
• Failing to stop for people in crosswalks

Boat & Jet Ski Accident Lawyers

With more than 1,350 miles of coastline and 11,000 miles of other waterways, Florida is one of the most wonderful states in the country for people who enjoy water sports, especially boating and jet skiing. Unfortunately, not all boaters act responsibly, leading to very serious injuries and wrongful death.

What Causes So Many Florida Boating Accidents?

Boaters have the legal duty to act responsibly and take precautions to protect swimmers, snorkelers, jet ski riders, their own passengers and passengers in nearby boats. Some of the leading causes of boating accidents include:

• Careless or reckless behavior on the water
• Speeding
• Alcohol or drug use
• Inattention or failure to maintain a lookout
• Inexperience
• Bad weather
• Defective equipment

If you or a loved one has been injured in a boat or jet ski accident, don’t hesitate to contact one of our jet ski accident attorneys here at Avera & Smith.