Serious injuries are a dangerous reality facing motorcyclists. When a motorcycle driver is involved in an accident, they are at a higher risk of suffering a debilitating injury or fatality than automobile drivers. According to the Florida Department of Highway Safety and Motor Vehicles, approximately 80 percent of motorcycle accidents result in injury or death of the driver.
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Why There Are So Many Motorcycle Accidents
While the number one cause for motorcycle accidents is lack of visibility on the part of other drivers, it is not an excuse. Drivers owe the same level of regard for motorcyclist as they do cars, trucks, and pedestrians.
Some other reasons for a high rate of motorcycle accidents include:
- Driving while intoxicated
- Negligent or reckless driving
- Illegal maneuvers
- Distracted driving (e.g., texting, talking on the phone, eating, etc.)
If you are a victim who was involved in a motorcycle accident, under Florida law you have the right to seek damages from drivers whose negligent behavior was responsible for your injuries.
Asserting Your Claim
The first step to winning your case is establishing negligence. Negligence means that there was a duty of care owed to the victim. A duty of care was breached. And this breach caused by negligence which resulted in the victim’s injuries.
Staying Safe on the Roadways
Always wear a helmet when riding a motorcycle. Although it is the other drivers’ responsibility to watch out for motorcyclists, it is your responsibility as well to obey the traffic laws. So, although it may be tempting, speeding through traffic and cutting off vehicles can be reckless and result in a preventative and unnecessary injury.
If the circumstances surround your case indicate that you were partially at fault for the accident, in Florida you can still recover partial damages. Comparative negligence calculates the amount of damages you can recover based on the percentage at which you were at fault. If you were 20% at fault and the other driver was 80% at fault, and you are awarded $10,000 in damages, you will receive $8,000.
Third Party Liability
There are also instances where a third party is at fault, for example, due to poor road conditions. In certain instance however, government entities are barred from lawsuits due to government immunity. If you were severely injured in a motorcycle accident and the government may be responsible, be sure to find out from your attorney if an exception to this rule applies.
Another third party who may be responsible is the vehicle manufacturer due to faulty mechanics or manufacturer defects.
What You Can Recover
The type of damages you can receive for your motorcycle accident are medical costs, lost earnings, future lost wages, and pain and suffering.
Our Florida attorneys will be with you every step of the way through the entire litigation process to make sure you get the compensation you deserve. Call us today to schedule a consultation for your motorcycle accident.
How the Right Lawyer Can Help with Motorcycle Accidents
Our firm conducts its own investigation to determine who was at fault and who was negligent in causing or contributing to your accident. We review all of your property damage repairs and receipts, your medical bills and expenses, proof of your loss of economic wages and other financial expenses incurred due to your accident and we use that to litigate on your behalf and get the maximum payout you deserve for pain and suffering including hospital bills, emergency bills, prescription drugs, lost wages, rental car costs, vehicle repairs.
Our attorneys are experienced in all aspects of personal injury law and ready to litigate on your behalf. That’s why our Florida attorneys are passionate about fighting your case, so we can alleviate some of that financial burden and give you peace of mind. Call our Florida experts to discuss your personal injury or property damage matter. We are here to listen.
- Michael Figueroa
- Lily Gonzalez