Riding a motorcycle can be an exhilarating experience, but it also comes with risks. Negligence however, can cause serious accidents on the road, leading to severe injuries and even fatal motorbike accidents.
If you or someone you know has been involved in a motorcycle accident caused by another’s negligence, it’s crucial to seek legal assistance from an Orlando motorcycle accident lawyer.
In this article, we’ll cover a number of topics related to negligent motorbike crashes. Towards the end of the article, we’ll also cover some of the most frequently asked questions of motorbike accident lawyers.
At The Law Place, we’re committed to ensuring our clients receive the compensation they deserve. Our team of experienced Orlando motorcycle accident attorneys will work tirelessly to build a strong case on your behalf, pursue compensation, and represent you throughout the legal process.
Understanding Negligence in Motorcycle Accidents
Negligence is a common issue in motorcycle crashes, and it refers to the failure of a person to exercise reasonable care in a given situation. In the context of motorbike crashes, negligence can arise from various factors, such as reckless driving, speeding, distracted driving, and violation of traffic laws, often leading to fatal motorcycle accidents
When a motorcycle accident occurs due to negligence, the injured party may have a legal right to seek compensation for their damages.
To prove negligence in a motorcycle accident, the plaintiff must establish four key elements: duty, breach of duty, causation, and damages.
- Duty – Duty refers to the reasonable obligation of the defendant to act in a particular way to avoid harming others, such as operating their vehicle safely.
- Breach – Breach of duty arises when the defendant fails to meet that reasonable obligation by acting negligently, such as running a red light or swerving recklessly.
- Causation – Causation connects the defendant’s breach of duty to the plaintiff’s damages, showing that the defendant’s negligence caused or contributed to the accident.
- Damages – Finally, damages refer to the actual harm suffered by the plaintiff, such as physical injuries, medical expenses, lost wages, and pain and suffering.
In motorcycle accident cases, various factors can complicate the negligence claim, such as comparative negligence, assumption of risk, and the severity of damages.
Comparative negligence refers to the possibility that the plaintiff may share some fault for the accident or for failing to exercise reasonable care. Assumption of risk arises when the plaintiff knowingly and willingly engages in behavior that exposes them to significant risks.
The severity of the damages can also affect the compensation available to the plaintiff, especially if they involve long-term or permanent injuries that require ongoing medical care and support.
To successfully pursue compensation in a motorcycle accident, consulting a qualified personal injury attorney is crucial.
Speak with an accident attorney in Orlando. With over 75 years of combined experience, The Law Place is qualified to investigate the accident, gather evidence, and negotiate with the insurance company or litigate the case in court, if necessary.
If you are involved in a pedestrian accident due to someone else’s negligent riding, our team of Orlando pedestrian accident lawyers is dedicated to advocating for your rights and pursuing the compensation you’re entitled to. Reach out to us now to access experienced legal support and initiate your path to fair resolution.
Types of Negligent Motor Cycle Riding Behaviors
There are several types of negligent motorcycle riding behaviors conducted by motorcycle riders that can lead to motorbike accidents and severe injuries. Here are some examples:
Many motorcycle accidents occur when motorcycle riders speed. This is a common form of negligent behavior. When a motorcyclist is traveling at high speeds, it becomes harder to control the bike, avoid obstacles, and react to sudden changes in traffic.
Lane splitting refers to riding a motorcycle between two lanes of traffic. Although it is legal in some states, it can be dangerous if the motorcyclist is not careful. The close proximity to other vehicles and the reduced space for maneuvering increases the risk of accidents.
Driving Under the Influence
Operating a motorcycle while under the influence of alcohol or drugs can impair judgment, reaction time, and coordination, leading to reckless and unsafe driving.
Texting, checking messages, adjusting the radio, or engaging in other distracting activities while riding a motorcycle can take the rider’s eyes and attention off the road, leading to a motorcycle crash.
Engaging in reckless behaviors such as weaving in and out of traffic, tailgating, or ignoring traffic signals can cause motorbike accidents and injuries to the rider and other motorists.
Failure to Wear Protective Gear
Neglecting to wear a helmet, protective clothing, or goggles can increase the risk of serious injuries in the event of an accident.
These are just a few examples of negligent motorcycle riding behaviors that can lead to serious accidents and injuries, such as traumatic brain injury, spinal cord injuries, and many other life-altering injuries.
It’s important for motorcyclists to exercise caution, practice safe driving habits, and follow traffic laws to avoid accidents and stay safe on the road.
How Negligence Affects Motorcycle Accident Liability
Negligence is a crucial factor in determining liability in motorcycle accidents. When a person’s negligent behavior causes an accident, they may be held responsible for any damages or injuries that result from the motorcycle accident claim.
In the context of motorcycle accidents, negligence can impact the liability of motorbike riders and other motorists involved in the accident.
For example, if a motorcyclist is found to have acted negligently by speeding, driving under the influence, or engaging in other reckless behaviors, they may be liable for any injuries or damages that result from the accident.
Similarly, if another motorist caused the accident by acting negligently, such as running a red light or failing to check blind spots, they may be liable for any resulting damages or injuries.
The extent of liability may vary depending on the circumstances of the accident and the level of negligence involved. For instance, if a motorcyclist and another driver are both found to have acted negligently, liability may be divided between them in proportion to their level of fault.
Overall, negligence plays a critical role in determining liability in motorcycle accidents. The Law Place has a team of experienced motorcycle accident lawyers who will work to establish liability in your case so that you can seek proper compensation for your injuries.
Why You Need a Lawyer for Your Motorcycle Accident
There are several reasons why you may need an accident attorney in Orlando if you are involved in a motorcycle accident:
The Law Place has experience in motorcycle accidents and has the legal experience and knowledge to navigate the complex legal system and help you understand your rights and options.
Negotiations With Insurance Companies
Insurance companies often try to minimize their financial liability and may attempt to settle with you for an amount that is far less than what you are entitled to.
An Orlando motorcycle accident attorney at The Law Place will negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries and damages. By utilizing over 75 years of combined experience, we’ll advocate on your behalf ferociously!
Advocacy in Court
If the case goes to court, The Law Place can serve as your advocate and present evidence and arguments in your favor to help you win the case.
Many of our attorneys, including David Haenel, our founding attorney, are AVVO 10.0 rated. AVVO is an independent review site rating attorneys based on the number of years of experience, client reviews, awards, associations, and trial results.
Our experienced team of motorcycle accident lawyers at the The Law Place can conduct a thorough investigation of the accident, which may include interviewing witnesses, collecting evidence, and working with accident reconstruction experts to build a strong case.
Help With Medical Bills
A motorcycle accident attorney at The Law Place can work with your medical providers to ensure that your bills are paid, and can also help you access any other resources you may need, such as disability benefits or vocational rehabilitation after your involvement in a motorcycle accident.
Consulting with a motorcycle accident attorney at The Law Place after a motorcycle accident can help you receive the compensation you need and deserve and can also provide you with valuable legal advocacy and support throughout the legal process.
Negligent Motorbike Rider VS. Negligent Motorist
Motorcyclists and motorists can be at fault when it comes to negligence in motorcycle accidents. Negligence is the failure to exercise reasonable care or caution, which results in harm or injury to another person. Here’s how the definitions of a negligent motorbike rider versus a negligent motorist could be different:
Negligent Motorbike Rider
When a motorcyclist fails to operate their vehicle with reasonable care or caution, causing harm or injury to themselves or others they could be found negligent. For example, they may fail to signal when turning, speed excessively, weave in and out of traffic, or ride under the influence of drugs or alcohol.
When a driver of a car, truck or other vehicle fails to operate their vehicle with reasonable care or caution, causing harm or injury to a motorcyclist or other road users, they could be found negligent. For example, they may fail to check their blind spots before changing lanes, run a red light, drive distracted or impaired, or exceed the speed limit.
In both cases, negligence can result in serious and even fatal injuries. However, motorbike riders may be at a higher risk of injury because they lack the protection of a vehicle around them.
Ultimately, whether a motorcyclist or motorist is at fault for an accident depends on the specific circumstances surrounding the incident. If you are involved in a motorcycle accident, you should contact The Law Place, our experienced Orlando personal injury lawyers can help determine liability and advise you on your legal options.
Other Negliegent Parties
Many motorcycle accidents are caused by the negligence of another driver. Drivers may not see a motorcyclist, cut them off, or be distracted. In some cases, the driver may be drunk or under the influence of drugs.Regardless of the reason, if another driver caused the accident, they can be held responsible for the damages they caused.
Poor road conditions can also lead to motorcycle accidents. Potholes, loose gravel, or other debris can cause a motorcycle to lose control. If the road conditions were known to be dangerous, the city or state may be held responsible for the accident. Our team of experienced lawyers can help you navigate the complex process of suing a government agency.
In some cases, motorcycle accidents may be caused by faulty equipment or defective parts. Manufacturers may be held responsible for an accident if the equipment or parts they provided caused the accident. Our lawyers at The Law Place have experience working with product liability cases and can help you get the compensation you deserve.
What to Do After A Negligent Motorcycle Accident
If you are involved in a motorcycle accident that was caused by the negligence of another person, it’s important to take certain steps to protect yourself and ensure that you receive the compensation you deserve.
Here’s what to do after a negligent motorcycle accident:
- Seek Medical Care – Get medical care as soon as possible. Motorcycle accident injuries can leave you in a state of shock, even if you don’t feel injured. Some injuries may not show up immediately after the accident but can become serious if left untreated.
- Document the Scene – Take pictures of the motorcycle accident scene, including any damage to vehicles and any injuries you sustained. Obtain contact information from any witnesses to the accident.
- Contact the Police – Report the accident to the police and obtain a copy of their report if possible.
- Contact The Law Place – Consult with a personal injury lawyer who has experience in motorcycle accident cases. By consulting with a motorcycle accident attorney, we can advise you on your legal rights and represent you in negotiations with insurance companies ensuring you receive justice and the compensation you deserve.
- Notify Your Insurance Company – Notify your insurance company about the accident, but do not admit fault or give a recorded statement without first consulting with the The Law Place.
- Keep Records – Keep track of all medical bills, lost wages, and other expenses related to the accident. This documentation will help The Law Place negotiate a fair settlement for your case.
Remember, the most important thing is to prioritize your health and safety after a motorcycle accident. Seek medical care and follow your doctor’s orders.
Then, consult our team of experienced Orlando motorcycle accident lawyers who can help you navigate the legal process and protect your rights.
Orlando Motorcycle Lawyers FAQ
What Should I Do Immediately After a Motorcycle Accident?
If you’ve been injured in a motorcycle accident, it’s important to seek medical attention immediately. Even if you feel okay, it’s possible that you’ve sustained injuries that aren’t visible. Some injuries may not appear for days or even weeks after the accident. Seeking medical attention will ensure that you receive the care you need and help document any injuries you have sustained.
After seeking medical attention, it’s important to contact an experienced Orlando motorcycle accident lawyer. Call The The Law Place as soon as possible. The sooner you contact us the better your chances of getting the compensation you deserve.
How Long do I Have to File a Lawsuit After a Motorcycle Accident?
In Florida, the statute of limitations for personal injury cases, including motorcycle accidents, is typically four years from the date of the accident. It’s important to consult with a motorcycle accident attorney at The Law Place as soon as possible to ensure that you meet any applicable deadlines.
Can I Still Recover Damages If I Was Partially at Fault for the Accident?
Yes, Florida follows a comparative fault system, which means that multiple parties may be assigned a percentage of fault for an accident. As long as you were not more than 50% at fault for the accident, you may still be able to recover damages.
What Kind of Damages Can I Recover After a Motorcycle Accident?
You may be able to recover damages for medical costs, lost wages, pain and suffering, property damage, and other expenses related to the accident. Our dedicated team at The Law Place can help you determine the kinds of damages and motorcycle accident claims you may be eligible for.
Do I Have to Go to Court If I File a Lawsuit?
Not necessarily. Many personal injury cases are resolved through negotiations with insurance companies and do not go to trial. However, if a settlement cannot be reached, your case may go to trial. At The Law Place, an accident attorney in Orlando will discuss your options and guide you through the whole process.
How Much does It Cost to Hire a Motorcycle Accident Attorney?
Many personal injury attorneys work on a contingency fee basis, which means that they only get paid if you receive a settlement or judgment in your favor. The fee is typically a percentage of the recovery, and you will not have to pay any upfront costs.
These are just a few examples of the types of questions that Orlando motorbike rider accident lawyers may encounter. It’s important to consult with our team of motorcycle accident attorneys at The Law Place, who can answer any questions you may have and provide guidance throughout the legal process.
Call The Law Place for a Free Consultation Now!
Riding a motorcycle can be a thrilling experience, but unfortunately, it can also be dangerous. Due to their small size and lack of protection, motorcycles are more vulnerable to accidents and can result in serious injuries or even death.
There are several factors that can lead to motorcycle accidents, including driver negligence, poor road conditions, or faulty equipment. Due to the complexity of these cases, it’s essential to consult with a motorcycle accident attorney.
Our team of dedicated and experienced lawyers at The Law Place will work tirelessly to investigate the accident, gather evidence, and build a strong case on your behalf.
At The Law Place we have a combined experience of over 75 years. An experienced Orlando negligent motorcycle rider accident lawyer can help you understand your rights, navigate the legal process, and get the compensation you deserve.
We understand the unique challenges that motorcycle accident victims face. We have decades of experience helping clients who have been injured in motorcycle accidents and know what it takes to get the justice our clients deserve. We are dedicated to helping motorcycle accident victims in Orlando and throughout the state of Florida.
At The Law Place, we offer a free consultation to all potential clients. During the consultation, we’ll listen to your story, answer your questions, and help you understand your legal options.
So don’t wait – call The Law Place at (941)-444-4444 and consult with an experienced motorcycle accident lawyer today!