You may sue someone personally after an Orlando motorcycle accident if the amount of insurance coverage they have does not cover your losses. This may be the case if:
- The driver who caused your accident only has the minimum amount of insurance required by law
- The driver who caused your accident has no insurance
- Your injuries are severe and require expensive care
- Your injury-related losses are significant
- You lost a loved one in a motorcycle accident
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) notes that Florida drivers are generally required to carry $10,000 in coverage for injury and $10,000 in coverage for property damage to others. If your losses surpass this coverage mark, then you may begin considering a lawsuit.
Damages Can Add Up Quickly
$10,000 may seem like a reasonable insurance minimum to require of drivers in Florida, but those who have been involved in serious accidents may find that it is not enough to cover their losses. Some medical costs that could lead your damages to surpass $10,000 include:
- Emergency transportation from the scene of your accident
- Care in the emergency department of a hospital
- Tests and other procedures to diagnose your injury
- Any period of hospitalization that you require
- Medications for pain
- A part- or full-time caregiver during your recovery period
- Physical therapy
You may also experience property damage that must be considered as a result of your accident. Your motorcycle could be totaled, and property that you had on your motorcycle or body may also be damaged. Additionally, you may experience noneconomic damages that also could be factored into your lawsuit. Those may include:
- Psychological trauma from the accident
- Specific conditions such as depression or anxiety
- Loss of physical abilities
- Loss of cognitive abilities
- Changes in your personality
- Loss of independence
Non-economic losses could be more difficult to calculate than economic damages, but your lawyer will assign them a value and determine if your total damages outpace the coverage that insurance could provide. If they do, then your lawyer may be able to determine who is responsible for your losses and help you seek fair awards through a lawsuit.
Assigning Liability For a Motorcycle Accident
The American Bar Association (ABA) notes that there may be three general standards for liability in a personal injury case. They are:
- Strict liability
- Intentional harm
Assuming that the person who caused your accident did not do so on purpose, the standards of negligence and strict liability could most likely apply to your accident. Someone may be negligent if they fail to act as a reasonable person would under the same circumstances, and motorist negligence includes a number of careless or risky driving behaviors.
Others beside the driver who caused your accident may also be responsible for your losses under the principle of strict liability. A lawyer will review the facts of your accident to determine who holds responsibility for your losses.
Specific Forms of Motorist Negligence
Motorists who do not act in a reasonable manner may put others such as yourself or your loved ones at risk of injury or death. There are many behaviors that constitute unsafe operation of a vehicle, including:
- Driving the wrong way
- Veering outside of your lane
- Driving on parts of the road where vehicles are not permitted
- Driving without headlights at night
- Driving without brake lights, mirrors, and other safety features
- Making illegal or dangerous turns
- Weaving through traffic
- Failing to adjust for dangerous weather
- Being distracted
- Being drunk or on drugs
Parties other than the motorist who caused your accident could have contributed to your losses, or may be responsible under the legal principle of strict liability. Those parties could include:
- An employer whose actions exposed you to danger
- An employer who is liable through strict liability
- A municipality
- A mechanic
- A vehicle or parts manufacturer
Your lawyer may explain who they believe is responsible for your accident. You may then seek compensation from those parties through an insurance claim or lawsuit.
Your Lawyer Will Try Your Case
In a conversation with your lawyer or their team, you may decide if you want to sue someone personally after an Orlando motorcycle accident. It may be more appropriate for you to first pursue an insurance claim, and your lawyer may be able to help you in either case.
Your lawyer will outline your strategy for seeking compensation and then execute the strategy while defending your rights. They will protect you from efforts by insurance representatives, attorneys, and any other party who wishes to violate your rights for their own benefit.
Your lawyer may be able to help you seek compensation for your medical costs, pain and suffering, and any other losses related to your accident while you work towards recovery.
Call the Law Offices of Anidjar & Levine Today
Do not wait to call a lawyer, as Florida Statutes § 95.11 generally limits the time that you have to pursue a personal injury lawsuit. You should call a lawyer regardless of the time that has passed since your accident or loved one’s passing, as there may be exceptions to statutes of limitation.
Call the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation.