Carrollwood Motorcycle Accident Attorney
During vehicle collisions, four-wheel vehicle occupants have multiple restraint systems, not to mention steel cages, to protect them. Motorcyclists have none of these protections. As a result, motorcycle riders are thirty times more likely to die in vehicle collisions. Even if these victims survive, they normally sustain back injuries and other serious injuries which are normally permanent.
Motorcycle crash claims are usually very complex, and not just because of the severe nature of the injuries. These wrecks involve some issues that do not come up in other vehicle collision claims. Therefore, it’s important to know what to expect. And, the experienced Carrollwood motorcycle accident attorneys at Moore Law know very well what to expect in these claims. We have successfully resolved thousands of vehicle collision and motorcycle crash claims over the years. So, we have what it takes to successfully resolve your claim as well.
Establishing Liability
Compensation is available in motorcycle wreck claims if a victim/plaintiff proves, by a preponderance of the evidence, that the other driver was negligent.
A preponderance of the evidence means more likely than not. That’s one of the lowest standards of proof in Florida law. Evidence in a motorcycle wreck claim includes:
- Police accident report,
- Medical bills,
- Victim’s version of events,
- Witness statements,
- Physical evidence, like skid marks and crash damage patterns, and
- Professional accident reconstruction reports.
Not all this evidence is available, or persuasive, in all situations. That’s especially true if the victim didn’t survive the accident. The victims’ version of events is usually unavailable. Furthermore, if the victim didn’t participate in the preparation of the police accident report, this report only contains one side of the story.
Legally, negligence is normally a lack of care. Noncommercial motorists usually have a duty of reasonable care. This duty is roughly based on the Golden Rule (do unto others as you would have them do unto you). Truck drivers, Uber drivers, bus drivers, and other commercial operators usually have a duty of utmost care. They are not quite insurers of safe travel from Point A to Point B. But they are close to that level.
If the evidence proves negligence, compensation usually includes money for economic losses, such as medical bills, and non economic losses, such as pain and suffering.
Insurance Company Defenses
Comparative fault is one of the most common defenses in vehicle collision claims. This legal loophole shifts accident blame from the tortfeasor (negligent driver) to the victim. For example, the insurance company might admit that Wanda turned in front of Ben. However, the insurance company might claim that Ben’s excessive speed substantially caused the wreck.
In these situations, jurors must normally divide fault on a percentage basis between the two sides. Normally, comparative fault, at best, reduces the amount of compensation. Florida has very victim-friendly laws in this area. In some cases, comparative fault, or rather an offshoot called last clear chance, could derail the claim altogether.
If the victim wasn’t wearing a helmet, and Florida does not have a universal helmet law, the helmet defense could apply. But, it isn’t automatic. The insurance company must prove that the victim’s failure to wear a helmet, as opposed to the tortfeasor’s negligence, substantially caused injury. That point is very hard to prove in court.
Reach Out to a Hard-Working Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced motorcycle accident lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. You have a limited amount of time to act.
