Motor accidents are common in Florida, where 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.
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.
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%.
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.
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.
- 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 specialized 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.
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.