If you or a loved one was hurt when a car struck your motorcycle, you may know that you can sue the at-fault driver to recover your post-accident expenses and losses. But you may not be as familiar with the impact of vehicle defects on Florida motorcycle accident claims and the resulting claim process. In cases like these, the car manufacturer, not its driver, could be the at-fault party in an accident claim.
Financial compensation for the accident is the responsibility of the person or entity whose negligence was its cause. A motorcycle accident lawyer in Fort Lauderdale can help you explore your compensation options and file an insurance claim or lawsuit against the at-fault party. You could receive a free review of your case to learn more about your right to financial recovery.
How Vehicle Defects Increase the Severity of Motorcycle Accident Injuries
In a vehicle versus motorcycle collision, the motorcycle rider is at a much greater risk of injury than the vehicle’s occupants. According to research on Injury-Severity Analysis of Crashes Involving Defective Vehicles and Accounting for the Underlying Socioeconomic Mediators, accidents caused by vehicle defects can lead to more serious accidents and more severe injuries than accidents caused by human error.
Common Vehicle Defects That Cause Motorcycle Accidents
Used daily for commutes, errands, and short- and long-term travel, cars are an essential part of life. They are also complex machines that require careful manufacturing and maintenance.
Some commonly reported vehicle defects motorcycle Florida that lead to accidents include:
- Worn or defective brakes that cannot offer enough stopping power to avoid a collision
- Tire issues that prevent a vehicle driver from appropriately maintaining their lane of travel due to swerving
- Unknown vehicle recalls that involve defective internal or external parts and other issues
Defective safety features can also lead to traffic accidents, including malfunctioning mirrors and lights that prevent motorcyclists and others on the road from anticipating a vehicle’s movement.
How Vehicle Defects Affect Evidence Collection in Motorcycle Accidents
In a typical motorcycle accident, you collect evidence that proves the at-fault driver’s negligence. This can include:
- Official police report
- Photos and videos
- Witness statements
An accident caused by a defective car can require different evidence, including:
- Testimonials from car experts
- Testimonials from manufacturing experts
- Accident reconstruction reports
- Vehicle inspection reports
- Vehicle make and model recall records
Collecting technical and industry evidence can be a daunting process for a layperson. If you are represented by a Fort Lauderdale injury lawyer, they could have greater access to evidence and experts than you can access on your own.
Why Motor Vehicle Defects Often Go Unnoticed Before Accidents
A vehicle defect is not always readily apparent. In some cases, the impact of defects on accidents might not be known to the car’s owner or driver at the time of the collision. Such defects can occur at varying stages of the vehicle’s development, including:
- The design stage—where the car is conceptualized, including how its parts meet and interact
- The manufacturing stage—where the vehicle’s main body and its components come together
Motorcycles are much smaller than vehicles, meaning they could take the full force of an impact. If the automobile driver lacks full control of the auto due to an operational defect, the manufacturer could bear financial liability.
Filing Deadlines for Motorcycle Accidents Caused by Vehicle Defects
You generally have two years to meet the statute of limitations for personal injury or wrongful death, according to Florida Statutes § 95.11. Whether you pursue damages from the driver of the car or its manufacturer, your lawsuit must be filed within the allotted time.
If the filing deadline expires, you may not be able to file your lawsuit at all. It could also be dismissed out of hand and the insurance company could simply refuse to settle Florida motorcycle defect claims. A lawyer can help you avoid these potentially costly consequences.
Recoverable Compensation for Injured Motorcycle Accident Victims
The monetary damages you can recover from your motorcycle crash include all repair or replacement costs for your motorcycle. You can also request the following economic and non-economic damages:
- Known and anticipated medical expenses
- Known and anticipated losses of income
- Temporary or permanent disfiguring injuries
- Lasting physically disabling injuries
- Physical pain and suffering and inconvenience
- Ongoing mental and emotional trauma
- Wrongful death damages, if applicable
Collect medical bills, receipts, and other paperwork to prove the value of your damages. If you are represented by a law firm, they will handle it for you. They will also create a settlement demand letter and submit it to the at-fault party on your behalf.
A Motorcycle Accident Attorney Can Support Your Compensation Request
You do not have to navigate the legalities and complexities of a motorcycle accident claim on your own. While you focus on recovering from your injuries, your lawyer can take on all of the following aspects of your claim:
- Accurately assess your recoverable damages
- Identify the car defect that caused the accident
- Interview accident and auto industry experts
- Compile supporting evidence and documents
- Review your case to identify the liable party
- Prove there might be more than one liable party
- Handle verbal, written, and virtual communication
- Answer any of your legal questions and concerns
- Provide ongoing updates as your case progresses
A lawyer can also help you navigate the settlement negotiation process, which can include accepting offers on your behalf and weighing their pros and cons. While the final settlement decision is yours to make, a lawyer can help you make a well-informed one.
Discuss Your Claim with Our Motorcycle Accident Attorneys Today
If you or a loved one was injured in a motorcycle accident caused by a vehicle flaw, our law firm can help you get financial compensation. We will establish the cause of your accident and pursue maximum compensation from the at-fault party and their insurer.
Learn more about the impact of vehicle defects on Florida motorcycle accident claims. Contact our legal team at the Law Offices of Wolf & Pravato today.
