What Are the Legal Consequences of a Motorbike Collision?
The legal implications of a motorcycle accident depend on the collision itself, especially who was involved. For instance, if a negligent driver hit you, causing serious injuries, they have a legal obligation to pay for your financial losses, such as medical expenses. To preserve your right to damages later, you must file a police report and notify your insurance company, even if you didn’t cause the crash.
When you hire a motorcycle accident attorney, they can explain the legal implications of a collision and your obligations as the injured party. They can also file your personal injury claim, calculate the value of your pain and suffering, and advocate for a fair settlement.
The Negligent Motorist Should Pay for Your Accident Damages
After suffering injuries, you can compel compensation from the negligent party, requesting a settlement for:
- Medical attention costs
- Lost income, tips, and bonuses
- Loss of future earning capacity
- Scarring and disfigurement
- Mental anguish and emotional distress
- Property damage costs
- The cost of anything you spent out of pocket
- Loss of consortium
- Loss of enjoyment of life
You could recover damages through an accident claim or lawsuit. How much you can recover depends on the type of injury you suffered, along with the at-fault party’s insurance policy.
Florida Operates on a No-Fault Insurance System
Even with the recent changes in Florida’s personal injury system, it’s still a no-fault state. This means, following a collision, you can file a claim with your own insurer to recover damages. If your damages exceed a certain amount, you can file a claim with the at-fault party’s insurer or file a lawsuit.
There are many obligations that come with a personal injury claim––most of which you don’t want to handle on your own. What’s more, unlike drivers of four-wheeled vehicles, motorcyclists aren’t required to carry personal injury protection (PIP) coverage, which would offer financial compensation for some medical bills and lost wages.
When you partner with a fort Myers motorcycle accident lawyer, they can explain your options and handle everything the claims process entails.
You Must Prove the Other Party’s Negligence to Secure Fair Compensation
You and your lawyer must prove how the at-fault party acted negligently to recover damages. This requires gathering evidence to bolster these four factors:
- Duty of care: The other driver had an obligation to drive with reasonable caution.
- Breach of duty: The other party did not uphold this obligation, exposing other road users to a serious risk of injury.
- Causation: The other party caused the accident and your resulting injuries.
- Damages: You have damages, such as medical expenses and lost income, because of the crash.
If the accident would not have occurred but for the negligent party’s actions, you can recover damages. By gathering evidence, such as the police report and traffic camera footage, your lawyer can prove your right to compensation.
Proving Negligence Requires Supporting Evidence
Pursuing maximum compensation requires proof of the at-fault party’s negligence. With the information your personal injury lawyer finds, they intend to show that because the other party acted negligently, you were injured and have losses.
An experienced attorney can gather:
- Accident reconstruction data
- The official police report
- Medical records that describe your injuries
- Photos and videos of the accident scene
- Witness statements
Because it takes time to recover from the physical and emotional impact of the accident, your legal team will take care of building your evidence collection file. They will do all the legwork of collecting and organizing your case file and presenting it to the appropriate insurance company.
You Have the Right to Entrust Your Case to an Injury Lawyer
If you want to recover compensation after a fort lauderdule motorcycle accident lawyer, it’s a good idea to consider working with a lawyer. While you focus on healing from your severe injuries, they can investigate your case, interview witnesses, and manage your case’s legal implications.
Most often, injured claimants recover damages through insurance claims. Yet, your lawyer may decide to file a lawsuit if the insurance company refuses to settle, or the liable policy doesn’t fully account for your damages.
If your personal injury lawsuit goes to trial, our law firm will:
- Depose the other involved parties in your case
- Prepare your evidence and exhibits for court
- Represent you throughout the trial process
- Manage your case’s filing deadline
- Review your damages’ cost
Your Miami motorcycle accident lawyer may offer help on a contingency-fee basis, meaning you don’t pay anything out of pocket for their help. Their attorney’s fees come from your awarded settlement, never from your savings account.
Get Help With the Legal Implications of a Motorcycle Accident
If you or someone you love was involved in a recent motorcycle accident, the client-focused team at the Law Offices of Wolf & Pravato can help you deal with its legal aftermath.
Learn more about your rights, responsibilities, and compensation options during your free case review. Call (954) 633-8270 to start your free legal consultation.