How Do They Determine Who Is At Fault for Motorcycle Accidents?

FREECASE EVALUATION

Fill out the form below to submit your inquiry

Motorcycle Accident Liability

There are several ways to figure out who is at fault in a motorcycle accident. Once liability is proven, an injured rider may be entitled to compensation for expenses such as medical bills and lost pay.

Determining Liability for Motorcycle Accidents

In some cases, it is a straight-forward process to assign liability in a motorcycle accident. For example, a truck driver loses control and veers into a motorcycle rider’s lane, forcing him or her to crash. Other times, it is more challenging to figure out who is at fault.

Evidence Used to Determine Who Is At Fault for a Motorcycle Accident

A motorcycle accidents lawyer in Fort Lauderdale will collect evidence and facts that might include:

  • Police reports
  • Witness statements
  • Photographs and evidence from the accident scene and involved vehicles
  • Traffic cameras
  • Accident reconstruction
  • Your injuries and medical report related to the accident

It is also helpful for you to write a detailed account of the accident as soon as possible.

Establishing Negligence for Recovering Compensation

It is important to find out what caused the accident for a couple of reasons. First, the police may file charges against a driver who was intoxicated or acting unlawfully. Second, finding out who is at fault will show negligence. This is necessary if you want to pursue available compensation for your injuries and damages.

The four steps in proving negligence in a motor bike lawsuit are:

  • Determine if the other driver had a duty of care to act in a lawful, safe manner, and to take reasonable care to avoid the collision.
  • Prove that the other driver did not uphold this duty of care and his or her actions led to the accident.
  • Establish that you were injured in the accident.
  • Show how these injuries have caused you physical, mental, or financial damages.

Seeking Recovery in a No-fault Insurance State

Florida is a no-fault insurance state. The laws can be confusing for most people. That is why you should not hesitate to contact a motorcycle accident lawyer to help you recover compensation.

You might qualify for compensation to help with accident-related expenses, including:

  • Medical bills including ambulance, hospitalization, and doctor visits
  • Motorcycle repair or replacement
  • Reimbursement for alternative transportation
  • Ongoing treatment
  • Lost pay
  • Temporary or permanent loss of earning ability

In addition to these economic losses, you might also have medical non-economic damages, such as:

  • Mental anguish
  • Pain and suffering
  • Reduced quality of life
  • Loss of companionship or consortium

Proving Who Is At Fault Can Help You Make You Whole

A Fort Lauderdale motorcycle accident lawyer cannot erase the trauma of a collision. However, you might be entitled to compensation for injuries and damages. Accident settlements can help you get those. For more information, contact the Law Offices of Wolf & Pravato. Call (954) 633-8270 for a free consultation.

We help the victims of other practice areas:

References:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html

 

 

 

Back To Top