Injuries from a motorcycle accident are often severe. With no vehicle frame, seat belts, or airbags for protection, you bear the full brunt of the impact in a crash. This can lead to head injuries, spinal injuries, broken bones, and other trauma.
If another party’s negligence contributed to your motorcycle accident, you may be eligible for compensation for your injuries. The motorcycle accident lawyers at the Law Offices of Anidjar & Levine can help you win damages for medical bills, therapy and rehabilitation, pain and suffering, and other costs associated with your Naples accident.
For a free legal consultation with a motorcycle accidents lawyer serving Naples, call (800) 747-3733
How Can I Win Compensation From a Naples Motorcycle Accident?
To win compensation after a motorcycle accident, we have to prove that another party was at least partially at fault. The at-fault party does not have to be a motorist. In some cases, the manufacturer of your motorcycle or of one of its parts bears liability. In other cases, a flaw in the road design, such as a large pothole or malfunctioning traffic control device, contributes to an accident.
Our job as your representation is to gather all the available evidence, examine it, and determine where the fault lies. Then, we can take the necessary steps to pursue the responsible party or parties for damages. There are several parties we may turn to for compensation for your injuries.
Another Motorist May Be Liable
If you collide with another motorist while on your motorcycle, we examine the details of the collision and determine the extent of fault the other motorist bears. If the motorist was doing any of the following, chances are, they are either partially or fully liable for the collision:
- Driving under the influence;
- Driving while distracted, such as texting or accepting a phone call while driving;
- Reckless driving; and
- Disregarding a traffic control device like a stop sign, yield sign, or traffic signal.
We Could Hold the Manufacturer Accountable
In certain cases, the motorcycle manufacturer, or the maker of a bike accessory, shares in the responsibility for a crash. For instance, a defective product may be to blame if:
- Your bike’s brakes failed.
- A tire on your motorcycle blew out and caused you to lose control.
- Your bike helmet was faulty and did not protect you from injury.
At your initial consultation, we can go over the specifics of your accident and determine if manufacturer liability exists.
The Municipality in Charge of Road Maintenance May Be Responsible
As we investigate your accident, we also determine if issues with the road’s design or maintenance were potential contributors. Signs of poor road design or maintenance may include hazards like potholes, uneven pavement, lack of guard rails, poor visibility, or debris in the road.
It is possible that a government municipality is at fault for your accident. In this case, you may have even less time to pursue compensation than you would in a lawsuit against another motorist. We will determine who the liable party in your accident is and take prompt action to recover your damages.
Naples Motorcycle Accidents Lawyer Near Me (800) 747-3733
What Types of Damages Can I Recover for My Naples Accident?
Recovering from a motorcycle accident can be a long and painful process. In many cases, the expenses add up quickly. In addition to your medical bills, we can also pursue damages for things like lost wages and emotional damage. In extreme cases, we can even pursue punitive damages to punish the responsible party for their gross negligence or misconduct.
There are three types of damages we can pursue in a motorcycle case.
Economic Damages from Your Injuries and Lost Wages
These damages compensate you for tangible financial losses. Compensation for medical bills, rehabilitation, physical therapy, lost earning capacity, time away from work, and so forth all fall under the umbrella of economic damages. Another common economic damage in a motorcycle case is property damage. You may need repairs to your motorcycle or replacement of it.
Non-Economic Damages Related to Your Losses
These are damages to which we cannot assign a specific dollar value. Pain and suffering, emotional damage, and loss of consortium all constitute non-economic damages. Because these damages are subjective, the more evidence we can produce in your favor, the higher compensation you can receive.
Can I Still Receive Damages if I am Partially at Fault for My Bike Wreck?
Many vehicle accidents involve shared responsibility. If you were partially at fault for your motorcycle accident, you can still win damages from another party.
Florida has a specific law to govern accidents with shared responsibility. It is the contributory negligence rule. It states that you can recover damages in a crash for which you were partly responsible. However, the amount of your award declines proportionally to your level of fault.
For instance, if your damages total $100,000, but the courts decide you were 25% responsible for your motorcycle accident, then your award drops by $25,000, leaving you with $75,000.
Why You May Bear Partial Fault for a Collision
The court might consider you partially at fault if you took any of the following actions:
- Swerving in and out of traffic;
- Riding along the shoulder; and
- Lane splitting, or riding between two lanes of traffic.
If you were not wearing a helmet, the other party might argue that you are partially responsible for any brain injuries you suffered since a helmet would have reduced or prevented your injuries. We can anticipate this argument and counter it based on the evidence we have.
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Our Naples Attorneys Can Help You Pursue Damages for Your Injuries
After a motorcycle accident, your first priority should be seeking necessary medical treatment. If you wait to see a doctor, an insurance company may argue that your injuries came from a different accident and that they do not have to pay you. Next, connect with a qualified personal injury attorney to discuss the details of your case. The attorneys at the Law Offices of Anidjar & Levine have experience with motorcycle accidents and can advise you on how to proceed.
Be sure to document everything, particularly when it comes to your medical treatment and rehabilitation. We need to be able to show the court the extent to which the accident has affected you. Keep copies of everything your doctors give you, including treatment protocols, bills, injury assessments, and prescriptions.
We will build your case using all available evidence relating to your motorcycle crash. This includes police reports, eyewitness statements, photographs from the accident scene, and testimony from expert witnesses. The more evidence we have, the stronger case we can build. It is imperative that you allow us to get started as soon as possible on your case.
Florida’s Statute of Limitations
In Florida, you generally have four years to file a personal injury lawsuit, according to Florida Statutes §95.11(3)(a), and two years to file a wrongful death lawsuit, as stated in Florida Statutes §95.11(4)(d). When you have a few years to take action, it may seem like there is no rush, but it is best to get started on your case quickly. We do not want evidence to disappear or for witnesses to forget what they saw.
Our Firm Operates Under a Contingency-Fee Agreement
If we take your case, you owe us nothing upfront and out of pocket. We only receive payment when you get paid; we take a portion of your settlement or court award that we secure for you. We want you to be able to get legal representation without draining your bank account, so you do not need to stress about whether you have the funds to hire one of our attorneys.
Call Today to See How a Motorcycle Accident Lawyer Can Help You
Call the Law Offices of Anidjar & Levine today. The consultation is always free, and we are happy to go over the details of your case and advise you on how to proceed. We offer responsive legal care and go the extra mile for our clients.
You will get your attorney’s phone number and receive frequent case updates. We can schedule any appointments for you as well. Call today and let us fight on your behalf for the compensation you deserve.