How to Establish Negligence in a Motorcycle Accident
If you suffered injuries in a motorcycle accident, you can seek compensation from a liable party, which involves proving the other party’s negligence.
Specifically, you must demonstrate four elements: duty of care, breach of duty, causation, and damages. You must have evidence to back up each of these claims. It may be difficult to collect such information on your own, though, especially if you’re recovering from injuries. Luckily, a motorcycle accident attorney can compile this evidence and establish negligence on your behalf.
Proving Motorcycle Accident Negligence
Negligence occurs when someone fails to exercise the same level of care another reasonable person would under the same circumstances. This concept is the main component in virtually every personal injury case. If you cannot demonstrate another party’s negligence, you will not be able to receive compensation through the civil court system.
Negligence consists of these four elements:
Duty of Care
Everyone on the road owes each other a duty to act with each other’s safety in mind. For drivers, cyclists, and pedestrians, that means following all traffic laws and using the road according to the current conditions. For example, if it’s raining, they must be extra vigilant and cautious. Drivers may need to slow down if visibility is compromised.
The city government should inform the road users about the current or expected road and weather conditions, like if a road is closed or there’s been an accident near a certain exit.
Breach of Duty
You then have to illustrate that the other party failed to keep others on the road reasonably safe through some action or omission. In a motorcycle accident case, a breach of duty might look like:
- Failure to check a blind spot before merging or changing lanes
- Failure to check for oncoming traffic before opening a door
- Failure to yield to oncoming traffic
- Running a stop sign or signal
- Speeding or driving too fast for the road conditions
- Driving distracted, drowsy, or under the influence of drugs or alcohol
- Failure to clean up road debris, warn the public about road hazards or accidents, or promptly fix roadway defects
Causation
You have to show that the breach of duty led to a fort myers motorcycle accident lawyer and your injuries. Common injuries suffered in these crashes include:
- Road rash
- Abdominal injuries
- Chest trauma
- Broken bones or fractures
- Spinal cord injuries
- Facial injuries
- Burns
- Traumatic brain injuries
- Whiplash
Sometimes, motorcycle accident injuries can be so severe that the motorcyclist doesn’t survive. According to the National Highway Traffic Safety Administration (NHTSA), 5,932 motorcyclists died in auto accidents in 2021— That’s 14% of all traffic deaths that year.
Damages
Finally, you will need to demonstrate that the aftermath of the crash and your injuries led to financial and non-financial damages, such as:
- Past and future medical care costs
- Property damage
- Mental anguish
- Pain and suffering
- Lost income
- Reduced earning potential
- Scarring and disfigurement
- Funeral and burial expenses
If you can prove the other party’s negligence, you should be able to collect compensation for these losses. A personal injury attorney can review your case and determine how much to pursue, depending on the circumstances of your case.
Motorcycle Accidents and Comparative Negligence
Sometimes, more than one party contributes to a fort lauderdale motorcycle accident attorney. In that case, each party will be assigned a percentage of fault, and in some states, their total compensation will be reduced by that number.
In Florida, if you bear more than 51% of the fault, you may be denied the right to pursue compensation from the other party, per Florida Statutes § 768.81. However, that doesn’t mean you would be out of options, as you could turn to your personal injury protection insurance to cover your medical bills and lost income.
How an Attorney Can Help You Prove Negligence in a Motorcycle Accident Case
Since motorcycle accident injuries can be so debilitating, it may benefit you to secure legal representation. This way, you will be able to focus on your recovery without worrying about figuring out the claims and legal processes.
Some of the tasks they can handle for you include:
- Proving the other party’s negligence
- Establishing which laws apply to your case
- Talking to all the parties involved
- Negotiating a fair settlement
- Compiling different forms of evidence
- Assessing the value of your damages
- Taking your case to a trial, if need be
Many personal injury law firms take Florida motorcycle accident lawyer cases on contingency, so the lawyers only receive a payment if they procure a settlement or court award on your behalf.
The Law Offices of Wolf & Pravato Can Handle Your Motorcycle Accident
If you or a loved one was hurt in a motorcycle accident in Florida, one of our attorneys can help prove negligence using the crash report, photos, video surveillance, medical records, and eyewitness accounts. Call the Law Offices of Wolf & Pravato today at (954) 633-8270 for a free consultation.
