American roads today are rife with personal injury and accident risks. These risks are even greater when there is a motorcycle involved. In motorcycle accident cases, the rider is less visible and more exposed to outside elements due to a lack of safety features found in cars, such as airbags and crumple zones. Sarasota, Florida, has the second-highest number of registered motorcycles in the U.S. Therefore, motorcycle collisions are also unfortunately common.
If you have been in an accident involving a motorcycle in Sarasota, Florida, and have suffered injuries. As a result, you will need to know how negligence is established in this sort of case.
The process of establishing negligence and claiming compensation for damages and suffering caused can be daunting. Contact our team at The Law Place today for free legal advice from our experienced team of personal injury lawyers. Our phone lines are open 24h a day, so call now at (941) 444-4444 for a free consultation.
What Are the Most Common Causes of Motorcycle Accidents in Sarasota?
Accidents involving motorcycles can be the result of a split-second decision or mistake that can cause life-changing injuries and extensive suffering. Accidents involving a motorcycle can occur due to various reasons. Some of the most common are:
- A car turning left when a rider attempts to carry on straight at an intersection.
- A car turning left when a rider attempts to overtake the car.
- When a rider tries to pass traffic by riding between two cars, also known as motorcycle lane splitting.
- A driver failing to notice a motorcyclist due to distraction or poor visibility.
- Use of drugs or alcohol by any involved drivers.
- Reckless driving.
Duty of Care for Florida Motorcyclists
In accordance with Florida Statute 316.208, driving laws apply to all vehicles, including commercial vehicles, passenger vehicles, and motorcycles. Therefore, if you are a motorcyclist in Sarasota, Florida, you have the same duty of care as all other vehicles on the road. Duty of care is the moral and legal obligation to ensure the safety and wellbeing of others on the road at all times. Although there are many safe drivers who follow road regulations, collisions occur on a daily basis due to neglect of this duty of care. Following an accident involving a motorcycle, as with other types of vehicles, it is important to establish who was at fault in neglecting their duty of care so that the victim can seek compensation for pain and suffering caused as a result.
For this, we recommend a personal injury lawyer who can guide you through the process. Contact The Law Place today for a free case evaluation.
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How Do I Prove Negligence in a Motorcycle Accident Case?
After a motorcycle accident, determining who was to blame can be complicated. If you wish to pursue a personal injury claim, you and your attorney must be able to prove negligence on the part of the other party. In order to prove that the other driver acted with negligence, four factors need to be established:
- The victim was owed a duty of care.
- Another driver breached this duty of care.
- The breach of duty of care resulted in injuries to the victim.
- The damages suffered were caused by this breach.
With accidents involving motorcycles, there are a couple of extra factors to take into consideration. For example, according to Florida Statute 316.209, a motorcyclist has the right to use the entire lane without another vehicle driving alongside them. This is a fact often ignored by non-motorcyclists and would be an example of negligence. It is also important to remember that in Florida, weaving in and out of traffic is not permitted. Therefore, a motorcyclist that suffers an accident due to this behavior could be found to have been acting negligently.
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Florida’s Comparative Negligence Laws
In accordance with Florida Statute 768.81, Florida is a comparative negligence state. This means that a victim’s share of the blame in an accident will be considered in a court of law, and more than one party can be found to be at fault in a collision. This will be calculated as a percentage, and this percentage will then be deducted from the total sum of the final settlement amount.
If, for example, during a collision with a motorcycle, the car driver failed to notice the rider, but the rider was also speeding, then both parties can be found to be partly at fault. If your blame is found to be 10%, then your final settlement would be reduced by 10%. However, if you are found to be more then 50% at fault, you will not be able to claim anything.
If you have been in an accident in Sarasota involving a motorcycle, then pursuing a personal injury lawsuit with the help of an experienced lawyer will give you the best chance of establishing who was to blame and recovering costs caused by the accident. Contact The Law Place today for no-obligation legal advice about your case.
From the initial call to updates on your case status, we are here to get you answers.
How Can a Personal Injury Lawyer Help Me?
Here at The Law Place, we know how stressful life can be following a collision. Motor collisions can lead to serious injuries, which in turn can lead to other types of suffering and mounting costs. If you have been injured in a collision involving a motorcycle, one of our attorneys may be able to help you claim compensation for a number of damages, including:
- Medical bills.
- Pain/suffering.
- Lost wages and loss of potential future wages.
- Property damage.
- Wrongful death.
If you have suffered due to another party’s negligent driving, one of our personal injury lawyers will be able to help you calculate the extent of damages caused and calculate how much you could be owed in compensation. If, after a free consultation with one of our attorneys, you decide to pursue a personal injury lawsuit with our help, we will help you every step of the way.
Your assigned attorney will go through your case with you in detail and give you advice on how to proceed. They will collect relevant evidence required to establish negligence, such as CCTV footage and witness reports, and contact all relevant parties, including insurance companies.
The opposing party’s insurance company will likely try to minimize their payout by, for example, trying to establish negligence on your part or downplaying your injuries. Rest assured that here at The Law Place, we have decades of experience in dealing with cases just like this and will fight your corner to give you the best chance at the compensation you deserve.
How Can The Law Place Help?
At The Law Place, we are committed to assisting victims of motorcycle accidents through the complexities of their legal claims. Our team understands the unique challenges and dangers faced by motorcyclists on the road, and we are dedicated to providing comprehensive support to those affected by motorcycle collisions.
We recognize that every motorcycle accident case is unique. Our approach begins with a thorough evaluation of your specific situation, including an analysis of the accident scene, review of motorcycle accident statistics relevant to your case, and an assessment of the injuries sustained. This allows us to tailor a legal strategy that addresses your individual needs and goals.
Establishing negligence is crucial in motorcycle accident claims. Our experienced motorcycle accident lawyers are skilled in gathering and presenting evidence to demonstrate how the accident happened and who is the negligent party. This includes collecting eyewitness accounts, reviewing traffic laws violated during the incident, and reconstructing the accident scene to establish the at-fault party’s liability.
Navigating the insurance claim process can be daunting, especially when dealing with the at-fault party’s insurance company. Our motorcycle accident attorneys have extensive experience negotiating with insurance providers to ensure that our clients receive fair compensation for their injuries and losses.
We are dedicated to securing maximum compensation for our clients. This includes not only covering medical expenses and property damage but also addressing the broader impacts of the accident, such as lost wages, pain and suffering, and long-term rehabilitation needs. Our team works tirelessly to ensure that all aspects of your injury accident are considered in the settlement.
From the initial consultation to the resolution of your case, The Law Place offers unwavering support and legal representation. We stand by our clients at every step, providing guidance, answering questions, and keeping you informed about the progress of your motorcycle accident claim.
Understanding the financial strain that can follow a motorcycle crash, we offer a free initial consultation to discuss your case. This no-obligation meeting allows you to understand your legal options and how we can assist you without any upfront costs.
If you or a loved one has been involved in a motorcycle accident, don’t face the aftermath alone. Contact The Law Place today. Our experienced motorcycle accident lawyers are ready to help you navigate the legal process and fight for the justice and compensation you deserve.
How Negligence Is Established in a Motorcycle Accident? FAQ
How is negligence determined in a motorcycle accident claim?
Negligence in a motorcycle accident is established by proving that the at-fault party failed to act with reasonable care, leading to the accident and resulting injuries. This involves demonstrating four key elements: duty, breach, causation, and damages. An experienced motorcycle accident lawyer can help gather the necessary evidence and construct a compelling case to prove these elements.
What role does an experienced motorcycle accident lawyer play in proving negligence?
An experienced motorcycle accident lawyer plays a crucial role in proving negligence by investigating the accident scene, gathering evidence, consulting with experts, and applying knowledge of traffic laws and motorcycle accident statistics. They understand the nuances of motorcycle collisions and can effectively demonstrate how the negligent party’s actions or inactions led to the motorcycle crash.
How important is the accident scene in establishing negligence?
The accident scene is crucial in establishing negligence as it can provide vital evidence such as skid marks, debris, and witness statements that help reconstruct how the accident happened. Photographs and police reports from the scene are often used to support the claim that the other party was at fault.
What evidence is typically used to prove negligence in most motorcycle accidents?
Evidence used to prove negligence in motorcycle accidents can include witness statements, traffic surveillance footage, accident reports, and expert testimonies. Additionally, violation of traffic laws, such as speeding or failing to yield, can be used to establish the negligent behavior of the at-fault party.
How do traffic laws relate to negligence in a motorcycle collision?
Traffic laws are directly related to establishing negligence in a motorcycle collision. If the at-fault party violated any traffic laws, this violation can be used as evidence of their negligence. An experienced motorcycle accident attorney can help identify relevant laws and demonstrate how their breach contributed to the accident.
What impact do motorcycle accident statistics have on proving negligence?
Motorcycle accident statistics can provide context and support for a motorcycle accident claim by highlighting common risks and behaviors that lead to accidents. An experienced lawyer might use these statistics to establish patterns of negligence, such as common violations of traffic laws that lead to motorcycle crashes.
What should I do if I’m involved in an accident on my motorcycle?
If you’re involved in an accident on your motorcycle, it’s important to seek medical attention immediately, document the accident scene, and collect contact information from witnesses. Then, contact a motorcycle accident attorney to discuss your case. A lawyer can advise you on your rights and the best steps to take to ensure that the negligent party is held responsible and that you receive fair compensation for your injuries.
The Law Place
Here at The Law Place, we want to make the process of establishing negligence following a motorcycle accident as stress-free as possible so that you can focus on recovery. If you have suffered injury or damages due to the fault of another driver’s negligence, then you deserve justice. Contact us today for a free case consultation. Our team will review your case and offer you valuable legal advice to help you proceed with your case and get your life back to normal as soon as possible.
Our lines are open 24 hours a day, so call today at (941) 444-4444.
