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How Is Fault Determined in a Motorcycle Accident Claim?

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The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

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. 

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 
  • Speeding 
  • 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. 

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today