Per Florida Statutes § 627.737, parties who may be sued in an Orlando motorcycle accident case include:
- The driver of the vehicle that caused your accident
- The owner of the vehicle whose driver caused your accident
- The person whose name is on the at-fault vehicle’s registration
- The person who holds the insurance policy for the vehicle that caused your accident
- Other parties deemed liable for the accident
The issue of liability is somewhat open-ended, as the circumstances of each accident may present unique issues of fault. A lawyer may be able to help you determine who is at fault for your accident, injuries, and related losses.
Motorists May Be the Clearest Source of Negligence
The person driving the vehicle that caused your motorcycle accident may be the first party you assess for negligence. The American Bar Association (ABA) notes that negligence generally includes acts that, while not intended to cause harm, cause harm nonetheless. Some acts that may make a motorist liable for an accident include:
- Driving beyond the post speed limit
- Driving too closely to a vehicle in front
- Driving to closely to a vehicle on the sides
- Being drunk or under the influence of drugs
- Making dangerous turns
- Merging lanes dangerously
- Disobeying stop signs, red lights, yield signs, and other traffic safety indicators
- Driving a vehicle that is not safe for the road
- Having unsecured items in the vehicle while windows are open
- Having items improperly secured to the outside of the vehicle
Distracted driving is another form of potential negligence that is a major problem on roadways across America, Orlando included. The National Highway Traffic Safety Administration (NHTSA) notes that distracted driving caused 2,841 deaths in 2018 alone, and that the practice can affect other motorists, pedestrians, passengers, and bicyclists.
Some forms of distracted driving are:
- Writing, sending, and reading text messages
- Monitoring or posting on social media
- Eating or drinking
- Taking photographs or videos
- Changing the vehicle’s stereo
- Engaging with applications on your phone
- Speaking on the phone
- Turning your attention away from the road for any reason
A distracted driver may allow their vehicle to veer out of their lane, drift into oncoming traffic, or slam into the rear of a vehicle in front of them. Any motorist whose behaviors or failures to act with care contributed to your accident may be sued in your Orlando motorcycle accident case.
You May Hire a Lawyer to Handle Your Case
You may choose to hire a lawyer after your Orlando motorcycle accident, as they may be able to handle your lawsuit, including determining who is at fault for your losses. A lawyer may also assist you if you are seeking justice on behalf of a loved one who was killed or injured in a motorcycle accident.
Parties aside from the motorist who caused your accident could be responsible for your losses. Your lawyer may explain to you all of the parties who potentially have fault for your losses, and how you may seek compensation from those parties.
If you ultimately decide to initiate a personal injury or wrongful death lawsuit, then your lawyer may:
- File your lawsuit
- Inform defendants in your lawsuit that they are being sued
- Hire investigators to collect evidence
- Consult experts in fields relevant to your lawsuit
- Interview witnesses and record their accounts
- Monitor and document your injuries
- Assess all of your accident-related losses
- Negotiate a settlement
If your lawyer is not able to secure a fair settlement, then they may take your case to trial. Your lawyer may handle as much of the insurance or legal processes as they are able to, shielding you from stress that you may experience when dealing with such matters.
If your lawyer is able to complete a settlement or win a favorable judgement, then you may secure compensation for various accident-related losses. Losses that you may suffer because of a motorcycle accident include:
- Losses related to the passing of your loved one
- Income that you lose because of your injuries
- Permanent lost income because of disability
- Diminished earning capacity
- Pain and suffering
- The cost of accident-related medical care
- Physical rehabilitation
- Psychological rehabilitation
- Caregiver costs
- Damage to your vehicle
- Damage to other personal property caused by your accident
You may have additional accident-related losses, and your lawyer may fight for compensation for those losses as well.
Call the Law Offices of Anidjar & Levine Today
You are not on your own after a motorcycle accident, as the team at the Law Offices of Anidjar & Levine may be able to provide the responsive legal care that you deserve. Call the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation.
You worry about getting better. We take care of everything else.