Riding a motorcycle does not come without its risks. When a motorcyclist sustains injuries as a result of the negligence of another driver, they could be entitled to compensation. The skilled personal injury attorneys at Kogan & DiSalvo could help you file a claim for damages if you suffered injuries in a motorbike wreck. Our experienced Lantana motorcycle accident lawyers could give you the legal guidance you need while you focus on your recovery.
Because motorcyclists are more vulnerable to injury, these motorists face significantly more regulations. These laws are designed to protect the safety of motorcyclists, and failing to comply with them may have a negative impact on an injured rider during their accident lawsuit.
Florida Statute §316.211 requires riders to use helmets and protective eye gear while riding. This is because helmets have shown to reduce the risk of head injury greatly. A rider that fails to comply with these requirements may be at risk of the jury reducing their compensatory award because the law requires a plaintiff to mitigate their damages when possible.
In this situation, the at-fault party could argue that a rider without a helmet did not take every precaution to reduce the severity of their injuries from the accident. Well-practiced Lantana attorneys who have experience litigating motorcycle accident cases could help an injured party prepare for this scenario if they were not wearing protective gear at the time of their crash.
Before Lantana motorcycle crash attorneys can recover damages on behalf of a claimant, they must demonstrate that the defendant was responsible for the accident. To do so, a plaintiff must establish that the opposing party’s negligent actions are the legal basis for their losses.
Monetary damages are only available if the defendant owed a duty of care to the plaintiff. If no duty exists, the defendant is not responsible for any damages they may cause. All motorists have a legal obligation to operate their vehicle safely. Drivers owe this duty of care to everyone on the road, including motorcyclists.
After a plaintiff establishes the defendant owed a duty of care, they must show that the defendant violated this legal obligation. A breach may take many forms in a motorcycle accident. In some cases, a defendant may breach their duty through inattentive or fatigued driving. In other cases, a violation of state traffic laws may constitute a breach.
A defendant may not be liable for any damages they did not cause. Therefore, to recover compensation, an injured party must be able to demonstrate that their losses were a direct result of the defendant’s actions. Additionally, they must prove that they suffered losses. These losses may be in the form of medical bills, lost wages, and pain and suffering.
In many cases, a negligent driver involved in a motorcycle accident may have an insurance company and their lawyers on their side to fight against the allegations against them. Thankfully, you do not have to take them on by yourself. To discuss your case with legal counsel, contact the Florida motorcycle accident lawyers at Kogan & DiSalvo. Schedule a free case consultation with a member of the Kogan & DiSalvo legal team today.