Stuart Motorcycle Accident Lawyer
Florida has more motorcycles on its roads than any other state in the country except California, with almost 573,000 registrations. Florida also has a significant number of motorcycle accidents, injuries, and fatalities. These accidents can have serious repercussions and recovery can be extensive.
If you or a family member have been involved in a motorcycle crash, it is imperative that you seek a Stuart motorcycle accident lawyer right away. An experienced injury attorney can help you pursue a claim for necessary compensation.
Motorcycle Accidents Statistics
Most accidents involving motorcycles are the fault of people at the controls of cars and trucks, according to research conducted by the South Florida Center for Urban Transportation. The principal reason is that drivers are not looking for motorcycles, so they do not see them. Florida’s motorcyclists were involved in 10,201 crashes in 2015, resulting in 8,231 injuries and 548 deaths, including 38 passengers, reports the Florida Highway Safety and Motor Vehicle Agency.
The number of fatalities in that year was 72.73 percent higher than the previous year, and Florida has more motorcycle deaths than any other state. The number who were injured was only slightly higher than in 2014. A significant reason for motorcycle injuries and deaths is that riders are not wearing helmets and protective gear. Current Florida law requires protective strapped headgear that meets the Federal Motorcycle Vehicle Safety Standard.
However, the law does not apply to people older than 21 years if they are covered by insurance providing a minimum of $10,000 in medical coverage.
Stuart motorcycle accident attorneys legally determine fault in personal injury cases by proving negligence. Florida uses the comparative negligence standard. In applying the comparative negligence doctrine, all parties involved in a personal injury case bear none, some, or all of the fault in causing the accident.
For example, a motorcyclist who is weaving in and out of traffic lanes and is hit by a car changing lanes will share some percentage of fault with the driver of the car. If the motorcyclist is determined to be 40 percent at fault, they are allowed to recover only 60 percent of the damages claimed.
Elements of Negligence
To be successful in claiming damages, all four of the negligence elements must be proven. These are:
- Duty of care: A reasonable person is legally obligated to not cause harm to another. Motorists share the roads and therefore have a duty of care toward each other
- Breach: A party that is proven to have a duty of care, but causes an accident, has violated their duty of care
- Causation: The act of causing a collision resulted in harm to another person or property. This is also known as the “but for test.” But for the action of the defendant, the injury or damage would not have occurred. This element also includes an approximate cause in which the action that caused injury or damage was not foreseen
- Damages: The plaintiff must prove that actual injury or damage did occur
Negligence law allows certain defenses and if one element is disproven, the case is dismissed.
Contacting a Stuart Motorcycle Accident Attorney
If you or a loved one are involved in a motorcycle accident, you need to know and protect your legal rights. To do so, contact a Stuart motorcycle accident lawyer promptly to schedule a free and confidential consultation.
Your skilled motorcycle accident attorney in Stuart can explain the applicable law, advise you on the strength of your case, and aggressively represent your interest to achieve the compensation for losses that you deserve.