Motorcycle Accident Claims
Aggressive driving and driver impatience often create tragic outcomes on the road. Sadly, many motorists do not wait for a safe passing zone or a lawful passing area to overtake a motorcyclist and often try to pass at the worst possible moment. The outcome of an unsafe passing maneuver is never good for the motorcyclist and usually results in vehicle contact with the rider which can lead to life threatening injuries. That is why motorcycle enthusiasts must always protect themselves while on the road. In this blog post, I will explain how to determine if you have a valid motorcycle accident claim.
Liability in Motorcycle Accident Cases
Like any case, the primary issue that must be addressed is the issue of fault or liability. Imagine being the victim of a motorcycle accident. You were properly equipped and following the rules of the road when a driver turns directly into your path. Now you’re injured, strapped with medical bills and missing time from work. To make matters worse, the other driver’s insurance company is denying your damages claim. Proof that the motorist caused your accident is important. Without sufficient evidence of fault, your claim may be denied, or the case could be dismissed. Florida employs pure comparative fault when determining liability or fault in motorcycle accident cases. In other words, a judge or jury can apportion any percentage of fault it deems appropriate to the responsible driver or the injured motorcyclist who is making the claim. Thus, if a judge or jury determines that you were inattentive, traveling too fast for the conditions, or not riding in a reasonable manner before the crash, some or all the liability could be allocated to you. During the pre-litigation claims process, the defendant’s insurance adjuster, the claims representatives and defense attorneys are going to look for ways to demonstrate that your own actions or inaction caused or contributed to your injuries. The overriding standard in any motorcycle accident case is reasonable care. In other words, a motorcyclist is expected to always operate a bike in a safe and careful manner. So, it is vital that the issue of liability be closely examined before going forward with the case. Failure to secure solid evidence supporting a theory of liability could expose you to a lawsuit that does not have any likelihood of resulting in a financial recovery.
Nature and Extent of Injuries from Motorcycle Accident
Once the issue of liability is properly evaluated and it is determined that the motorist is at fault or more at fault than you are then it is really a matter of closely evaluating the nature and extent of your injuries. Thus, it is imperative that you get medical treatment and care immediately after a motorcycle accident. It is also important that you do everything you can to recover from your motorcycle accident. Post-accident medical treatment is not only essential to one’s well-being but is also critical to properly establish damages in a motorcycle accident claim. This is not the time for an accident victim to be a hero, tough out injuries or ignore proper treatment protocol. A delay or failure to obtain the appropriate treatment for an extended period can create a situation where the defendant will have an argument that the injured you did not do everything possible to mitigate or to reduce the nature and extent of the injuries and damages. Gaps or delays in seeking medical care can also result in issues involving causation. In other words, lack of consistent treatment or a significant delay in treatment after the accident can raise doubts as to whether the injuries claimed are even related to the motorcycle accident.
Accident Attorneys in Miami & Broward
There are many different types of personal injury cases. Motorcycle accidents are among the most common types of injury or tort cases. These cases can be difficult for attorneys who are not familiar with motorcycle accident claims. Apart from experience, it is also important to find an attorney who has the skills and experience needed to resolve your motorcycle accident claim. The motorcycle accident lawyers at Suarez and Montero are ready to provide you with top-notch legal services. We take all types of personal injury matters including motor vehicle accidents involving trucks, government vehicles, cars, motorcycles, motorcycles, ATVs, pedestrians, etc. We have the tools and legal experience and would like to put it to work for you! At Suarez and Montero, we would like to help our clients focus on recovering from their injuries while we focus on protecting their legal rights under the law. Our personal injury lawyers are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
