Cases stemming from motorcycle accidents can be entirely different from those arising from other motor vehicle collisions. Injuries from these accidents tend to be more severe, and settlement offers may be higher as a result. For example, various legal issues surrounding fault and negligence also may come up, including whether the injured party was wearing protective gear or not.
These legal complications may result in the need to contact the experienced Florida motorcycle accident lawyers at Kogan & DiSalvo. Consulting with our personal injury attorneys who are familiar with how these cases work may significantly increase your odds of recovering fair compensation. Additionally, a dedicated legal advocate could handle any complications with your case while you focus on recovery.
Motorcycles are inherently dangerous vehicles. However, this does not mean that riders take their own fates into their hands whenever they get on the road. An injured motorcyclist has the same right to demand compensation from a negligent defendant as any other motorist. It is essential for these riders to understand why accidents occur to promote effective claims for damages.
Many potential plaintiffs make the mistake of believing that they are automatically at fault for their injuries and cannot recover compensation if they were not wearing a helmet or other protective gear at the time of their crash. In reality, the failure to wear protective gear or a helmet is only one element of the case.
A civil court or the jury is not allowed to consider the plaintiff’s liability unless the defendant introduces it. Under the requirements of Florida law Florida Statutes §768.81, if the court determines that the plaintiff had some liability, they generally assign this claimant a percentage of fault and reduce their compensation proportionately. A skilled Florida motorcycle wreck attorney could refute these types of arguments and work to maximize a plaintiff’s recoverable damages.
Working with qualified Florida motorcycle accident attorneys as soon as possible after a crash could help ensure that an injured party seeking to file a lawsuit does not miss the deadline set by the statute of limitations. According to Florida Statutes §95.11, plaintiffs in personal injury claims that center around negligence, such as motorcycle accident cases, generally have four years from the date of injury to file a lawsuit in court. A failure to meet this deadline could lead to a defendant moving for a dismissal of the claim.
Failing to adhere to these essential filing deadlines is almost a guarantee that the plaintiff would be unable to recover any compensation at all. Insurance companies that represent defendant drivers are aware of this law, and may not engage in settlement talks if the statute of limitations has expired. Hiring a diligent lawyer from Kogan & DiSalvo could help ensure that a claimant files their Florida motorcycle accident case on time.
Unfortunately, motorcycle accidents can be a common occurrence in Florida. In motorcycle crashes, serious injuries may include:
– Broken bones
– Separated joints
– Friction burns, known as road rash
– Spinal cord damage
– Traumatic brain injuries
– Organ damage
Head injuries may include concussions, brain damage, swelling, skull fractures or hematomas. Neck injuries also can be dangerous as they may cause paralysis. Biker’s arm is another injury that can be the result of a motorcycle accident. When a wreck occurs, the rider may raise their arm to protect their face, resulting in the limb enduring the full force of the impact. Biker’s arm may cause broken bones and severe damage to nerves, muscles, and tissue.
Road rash occurs when the pavement removes or tears the skin as a rider slides across the road. A motorcyclist may suffer other burns if their vehicle catches on fire from the collision.
It is crucial to seek medical treatment following any motorcycle crash because many of these injuries can be deceiving and may seem small, but they could become fatal if left untreated.
Every motorist who gets behind the wheel in Florida assumes a duty to drive responsibly and to follow all traffic laws. This duty extends to every person on the road regardless of their mode of transportation. As a result, an injured motorcyclist has the same right to hold a negligent driver responsible as any other party.
With this in mind, the fact that a plaintiff was riding a motorcycle at the time of the collision is not evidence of a defendant’s liability. Most plaintiffs in personal injury cases bear the burden of proving that a defendant’s actions were the cause of their injuries. In motorcycle accident cases, this usually requires a plaintiff to prove that a defendant was negligent.
Negligence is a cause of action that allows people injured in accidents to demand compensation. These demands ask that a defendant provide compensation because their poor choices led to the accident. To be successful in a negligence case, a plaintiff must provide direct evidence of how a defendant’s poor driving caused the incident. This may include obtaining a police report, analyzing dashcam or traffic camera footage, speaking with third-party witnesses, and hiring an accident reconstructionist. Our Florida attorneys at Kogan & DiSalvo could explain what a person needs to establish negligence in a motorcycle accident case and gather the necessary evidence to build a strong claim.
The goal of most personal injury cases is the same. A plaintiff has suffered losses because of the actions of another party, and that person is seeking compensation for damages needed to make up for medical bills, property damage as well as pain and suffering. As a result, the first step in many motorcycle crash cases in Florida is to evaluate how the incident has affected the injured person’s life.
The major portion of a motorcyclist’s claim is any physical injuries that they have endured. A collision involving a passenger vehicle and a motorcycle is especially likely to result in catastrophic injuries and life-altering consequences
No matter how severe or minor the physical injuries are, a liable defendant must provide full compensation for all medical treatment. This includes payments for all past medical care as well as compensation for anticipated future treatments.
Another source of potential compensation is loss of quality of life. Even relatively superficial injuries can present with a great deal of pain. Injured plaintiffs must attempt to place a dollar value on these kinds of losses. More serious incidents could leave riders with permanent injuries that limit their ability to enjoy hobbies or spend time with their families. A lawyer in Florida could evaluate a plaintiff’s lost value of life and demand appropriate compensation in a motorcycle accident claim.
Finally, a motorbike collision also could leave a plaintiff with significant financial losses. As a result, an at-fault defendant may be liable to pay for the repair costs of the claimant’s motorcycle, for instance. Defendants also may be liable to provide reimbursement for any lost earnings connected to the crash. Whether these include a few missed shifts to make a recovery or lost earning potential because of a permanent injury, plaintiffs are entitled to seek payments for lost income.
Florida state law does not require motorcyclists to show proof of coverage or purchase a motorcycle insurance policy. Even though insurance is not mandatory, we advise riders to purchase coverage because they can be sued for damages or injuries they cause.
Every person who suffers losses because of the poor decisions of others has the right to seek compensation. This includes motorcycle riders who suffer injuries in accidents or other incidents.
Motorists assume a duty to drive safely whenever they get behind the wheel and a failure to uphold this obligation could lead to legal liability.
Motorcycle accident cases in Florida can become extremely complex. Considering that many motorcyclists involved in collisions deal with life-changing injuries, it can be easy to become discouraged or intimidated. One role of a lawyer is to handle the stress and complexities of filing a claim.
Our attorneys keep track of all of a claimant’s documents, navigate them through the claims process, deal with intimidating insurance companies on their behalf, and handle settlement negotiations. This assistance could give an injured motorcyclist the space and time they need to heal while still pursuing justice in the legal system.
If you have been involved in a motorcycle collision and need legal representation, call the law firm of Kogan & DiSalvo today. You can receive a free case evaluation to determine if you have a valid claim. Our injury lawyers could help protect your legal rights while fighting for fair compensation. Call our office and begin working toward your legal and financial recovery.
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