Motorcycle accidents are disastrous for everyone involved. The damages associated with a motorcycle accident are often more severe than that of an automobile accident because of the lack of barrier or protection present. As a motorcyclist, you do have the same legal rights available to you as automobile drivers in terms of compensation.
Seeking compensation, however, might have different requirements when a motorcycle injury is present. If you or a loved one was involved in a motorcycle accident, call a motorcycle accident lawyer in Florida today at The Law Offices of Anidjar & Levine at 1-800-747-3733.
Injuries Involved in a Motorcycle Accident
The damages involved in a motorcycle accident are usually much more severe than that of a car accident. Motorcyclists do not have the same safety features available to them as automobile drivers do. Motorcycle drivers are also not required to wear a helmet per Florida State Law. Motorcyclists are required to wear eye protection and to carry the appropriate medical insurance coverage.
Motorcycle accidents can lead to the following types of injuries:
- Traumatic brain injuries
- Fractured bones
- Permanent scarring
These severe injuries can lead to expensive medical costs, loss of earned income, and even a loss of life. It is important to consider not only the medical costs associated with these injuries, but also the pain and suffering that is commonly present. If loss of life occurs under negligent actions of another driver, the family may be eligible to seek compensation with a wrongful death lawsuit.
Understanding Florida’s Comparative Negligence Doctrine
Florida operates under the comparative negligence rule. This means that if another party was at fault in any way, you can seek compensation for damages. However, unless the other party was 100 percent at fault, you cannot seek full compensation. Any actions from the motorcyclist that could be deemed as at fault can decrease the amount of compensation received.
There are many actions that are considered negligent and proving them can assist with a motorcycle injury case. Some examples of negligence may include:
- Distracted driving, such as texting and driving
- Illegal activities including driving under the influence of alcohol or drugs
- Ignoring state laws including speed limits, stop signs, or red lights
- Improperly maintained or repaired roads
- Defective bike parts at the fault of the manufacturer or mechanic
- Commercial truck collisions
- Debris in the road that was not properly removed
Determining negligence can get complicated when the fault can be placed on both the automobile driver and the motorcyclist. While you can still seek compensation for a motorcycle accident that you are partly at fault for, the compensation amount will likely be reduced. The exact amount of decrease in compensation will depend on many factors including the at fault actions of the motorcyclist.
To prove you suffered negligence at the hands of the other driver, we will try to prove:
- The other driver had a duty of care to follow, such as not driving under the influence of alcohol.
- The other driver violated this duty or rule of the road.
- Because this driver breached their duty, an accident with a motorcycle occurred
- The motorcyclist suffered damages because of this accident, such as the loss of earnings and medical expenses.
Florida State Laws
Additional Florida state laws may also further complicate the legal process. Although Florida motorcyclists are not required to wear a helmet when operating a motorcycle, they are required to carry a minimum of $10,000 in medical insurance. Motorcyclists under the age of 21 must always wear a helmet when operating a motorcycle.
How Our Attorneys Can Assist You With Your Motorcycle Injury Case
Complimentary Case Evaluation
A complimentary case evaluation gives us the opportunity to further evaluate your case. Every motorcycle accident is different, and it is important to look at the specific events and injuries associated with yours to determine the next best legal step. This confidential consultation can also be helpful for you to get to know our motorcycle accident lawyers and to ask any questions you might have about the legal process.
It is important to establish who is at fault in a motorcycle injury case. Determining fault can affect the amount of compensation received. We will establish fault by collecting the necessary documentation including:
- Police reports
- Witness statements
- Your personal statement of events
- Photos from the scene of the accident
Seek Compensation for Damages
We understand that there are a lot of damages involved in a motorcycle accident.
Possible damages we may recover include:
- Medical bills, including doctor visits and hospital stays
- Loss of potential earnings
Pain and suffering
Not only will we assist you in seeking compensation for the property damages involved in the accident, but may also seek special and punitive damages if they are applicable to your motorcycle injury case.
Communication with both insurance providers is an important step in the legal process. Florida drivers are required to carry personal injury protection (PIP). This insurance policy covers a minimal amount of medical costs when involved in an accident. This insurance policy, however, may not cover the significant expenses a motorcyclist suffers in an accident.
We can evaluate the possibility of filing a personal injury lawsuit against the negligent driver to recover your full expenses.
Why You Should Work With a Motorcycle Injury Lawyer
Motorcycle accidents are, unfortunately, a common occurrence on Florida’s roads. Many of the motorcycle accidents are caused by negligent driving, and they often lead to permanent damages and loss of earning capacity. Florida laws can be confusing, and it can be difficult to evaluate if, and how much, compensation is owed.
If you or a loved one was injured in a motorcycle accident, it is important that you speak with a motorcycle accident lawyer in Florida as soon as possible.
Call one of our attorneys today at The Law Offices of Anidjar & Levine at 1-800-747-3733.