Injuries you suffer in a motorcycle accident can be serious. A motorcycle accident may cause you to miss work, rack up extensive medical bills, and lose wages. You may get compensation for your injuries from the at-fault party.
Proving Who Is Liable for Your Motorcycle Accident
Determining who is at fault for a motorcycle accident is not always clear. Our lawyers will conduct a thorough investigation of your motorcycle accident.
What can our attorneys show to prove the driver’s liability?
- The driver was exceeding the speed limit.
- The driver was distracted—texting, talking on the phone, reading an email, grooming, talking to a passenger, or daydreaming.
- The driver was impaired—under the influence of alcohol or drugs, taking medication with side effects, or driving with inadequate rest or sleep.
- The driver failed to yield the right of way, ran a stop sign, or ignored a red light.
- The driver did not check his or her blind spot before entering your lane.
Another party may be liable for the driver’s conduct, such as the driver’s employer or the owner of the vehicle.
A manufacturer or seller of a part can be liable if the part is defective and it causes your accident. The vehicle that struck your motorcycle can have defective brakes or a tire that caused the vehicle to hit your motorcycle. You may lose control of your motorcycle because of a defective tire or a faulty steering mechanism.
The government is responsible for keeping the road in a safe condition. For example, if the government knows of a large pothole but fails to fix it, it may be liable if the pothole causes you to lose control of your motorcycle.
Special rules apply when you file a claim against the city, county, or state. Our attorneys can guide you through the process of recovering damages if the government is at fault.
As per Florida’s comparative negligence doctrine, your fault does not prevent you from recovering damages. Your fault only reduces your damages by the percentage of fault assigned to you.
Filing a Timely Suit for Your Injuries in a Motorcycle Accident
In Florida, the time limits for filing a suit are as follows:
- Four years for a personal injury accident against the driver of the other vehicle
- Four years for a product liability suit against a manufacturer of a defective product
- Two years from the date of death for a wrongful death action to recover for the loss of your loved one in a fatal motorcycle accident
Did you or your loved one suffer injuries in a motorcycle accident? Contact a motorcycle accident lawyer at the Law Offices of Anidjar & Levine. Our lawyers need to get on your case right away so we can preserve valuable evidence and interview witnesses while the accident is fresh in their minds.
Recovering Damages for Injuries in a Motorcycle Accident
Because of the size of your motorcycle in comparison to other vehicles and because of your lack of protection, you can suffer serious injuries in a motorcycle accident.
Injuries You Can Suffer in a Motorcycle Accident
Injuries you can suffer in a motorcycle accident include the following:
- Head injuries: You can experience a traumatic brain injury when your head hits the pavement.
- Road rash: When your motorcycle slides across the road after the accident, the pavement can tear your skin. The injury may cause tissue damage that can be very painful.
- Broken bones: You can suffer a broken leg, arm, or wrist in the accident.
- Internal injuries: The impact you experience during the accident can break your ribs, fracture your collarbone, or injure your internal organs.
- Neck, back, or spinal injuries: You can suffer serious injuries to your neck, back, or spine, including paralysis.
Damages You Can Get for Injuries in a Motorcycle Accident
Damages you can get for your injuries in a motorcycle accident include the following:
- Medical expenses
- Lost wages
- Loss of consortium
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Property damage
- In some cases, punitive damages, damages designed to punish the at-fault party
Proving Your Damages Caused by a Motorcycle Accident
What will our attorneys do to prove your damages?
- We will read your medical records and talk to your doctors to determine the extent of your injuries.
- We will talk to your doctors and hire medical experts or life care planners to determine the future medical care you will need and its costs.
- We will talk to your doctors and a vocational expert to determine if you can return to work or what work you can perform after the accident.
- We will hire an economist to place a value on your lost earning capacity—the difference in what you made before the motorcycle accident and what you can earn after the accident.
If you suffered an injury in a motorcycle accident, contact a motorcycle accident lawyer at the Law Offices of Anidjar & Levine for help.
Settling Your Claim for Injuries in a Motorcycle Accident
The insurance company may contact you shortly after the accident with a settlement offer for your claim. There are some things to consider before signing a settlement or release:
- You may not know the extent of your injuries and damages right after the accident.
- A settlement is final.
- The insurance company is looking out for its interest, not yours.
- Our lawyers can tell you about the pros and cons of a quick settlement.
Our attorneys can negotiate with the insurance company or attorneys on the other side to reach a settlement that compensates you fairly for your injuries, lost wages, and pain and suffering. Many factors affect settlement negotiations, such as the strength of your case and the type of your injury. If our lawyers cannot reach a reasonable settlement, we will take your case to trial.
If you suffered injuries in a motorcycle accident, call a motorcycle accident lawyer in Margate, FL, at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.