Fault in a motorcycle accident claim is determined by proving who was negligent. Negligence is a failure to behave with a level of care for others, causing their actions or in-actions to result in someone being put in harm’s way.
Acting negligently can cause a collision, making the responsible party liable for any injuries and damages others sustain.
Determining Fault in a Motorcycle Accident
All drivers are expected to follow traffic laws to ensure their safety and those around them. However, accidents happen due to the negligence of someone else’s actions. If you are a victim of the accident, a personal injury lawyer from our firm can help you prove:
- The defendant owed you a duty of care. The law requires drivers to be reasonably careful and exhibit care when riding or driving.
- The defendant breached the duty of care by violating traffic laws or driving recklessly.
- Their breach of care caused your injuries.
- You were injured and suffered losses.
How to Prove Fault
Evidence to support your case is vital in order to accurately demonstrate proving fault. When you hire a lawyer, they will conduct an investigation into how your accident happened, the injuries you sustained, and the losses you’ve endured. Some evidence that can be used to strengthen your case includes:
- A copy of the police report
- Any pictures or videos from the scene of the accident, including point of impact on the vehicle, other property damage, and injuries
- Footage from traffic cameras, security cameras, or even dashcams if available
- Collecting copies of bills, testing results, and records for medical treatment you have needed as a result of the injuries you sustained from the accident
Ensuring you have gathered adequate proof to prove elements of negligence can be complicated on your own, which is why our lawyers are here to help. We utilize our resources to ensure we are preparing your case in the best way possible so you can focus on recovering and being with your family.
For a free legal consultation, call 863-250-5050
How Motorcycle Accidents Happen Impact Fault
While operating a motorcycle, a rider has less to protect themselves in the event of a collision than a driver in a car. Crashes are typically a result of the other driver’s negligence. Some common causes of motorcycle accidents are:
- Aggressive driving
- Distracted driving
- Drunk driving
- Lane splitting
- Left-hand turns
- Road hazards
- Poor weather conditions
Common Injuries As a Result of a Motorcycle Accident
Injuries from a motorcycle accident can be catastrophic. Some common injuries include:
- Road rash: Making contact with the road during a crash can cause serious skin abrasions called road rash.
- Fractures. Different body parts can be fractured when riders have to catch themselves to break a fall or if you are struck under your bike when it falls.
- Lower body injuries: Leg injuries are one of the most common injuries from motorcycle crashes.
- Internal injuries: Due to blunt force trauma damage to internal organs can happen during the accident.
- Spinal cord injuries: Injury to the spinal cord can result in catastrophic injury causing permanent disability.
- Traumatic brain injuries: This type of injury can affect how the brain works and how the body communicates with various parts in order to function correctly.
If your motorcycle accident was caused because of someone else’s negligent actions resulting in the injuries you are suffering from, a lawyer from our firm can help you pursue compensation.
Suing an At-Fault Driver for Your Losses from a Motorcycle Accident
Even though personal injury protection doesn’t cover motorcyclists in Florida, they are still able to sue to recover damages from the party at fault for their accident. Recovering from a traumatic event like a motorcycle accident can affect the rest of someone’s life. Compensation can be awarded for economic and non-economic losses such as:
- Past, present, ongoing, and future medical expenses and treatments
- Lost income as a result of not being able to work while recovering from injuries
- Reduced earning capacity if injuries will prevent you from doing the same work you did prior to the accident or if you will be unable to return to work
- Repairs to your motorcycle and other personal property that was damaged during the accident
- Temporary or permanent disability or disfigurement
- Therapy and counseling to handle the mental and emotional impact the accident has had on your life
- Pain and suffering you are experiencing, physically, mentally, emotionally
- Loss of enjoyment of life
A Lawyer Can Help Recover Compensation
Hiring a lawyer ensures your best interests are in mind while negotiating with insurance in order to obtain financial recovery. A personal injury lawyer has the knowledge on how to best review, investigate, and prepare your case for negotiation. A lawyer from our firm can handle the legal aspects of your case so you are able to focus on recovering from your injuries and moving forward from the accident.
Contact Dismuke Law to Fight for Your Rights After a Motorcycle Accident
If you or a loved one has suffered injuries and losses in a motorcycle accident because of someone else’s negligent actions, you deserve to fight for the compensation you need to recover from the accident. A lawyer from our team at Dismuke Law will investigate your case to determine how the at-fault party caused your accident so you can receive the compensation you deserve. Contact us today for your free consultation.