Motorcycle Accident Liabilities
It is no secret that Florida is the most dangerous state in the United States for motorcycle riders. Additionally, motorcycles are inherently more risky to operate than a car because of the lack of protection, the ease with which another driver can lose a motorcycle in their blind spot, and the power and speed that many consumer motorcycles operate with. Many new or inexperienced motorcycle operators may not be completely aware of the risks, and the way that they must operate their vehicle in order to stay safe. At the same time, many new or inexperienced car drivers may not be aware of how to check for motorcycles either, adding to the unsafe environment motorcyclists find themselves in.
In the event of an accident involving a motorcycle, it is important that the insurance companies (and possibly the police) determine who was at fault for the accident in order to handle their claims or charges.
Who Is Liable For My Motorcycle Accident?
In most cases, the answer to this question is simple: the driver who acted negligently caused the accident, and is therefore liable. However, if there is a question about who was acting negligently, or if there are conflicting reports, it is strongly suggested that you contact our team of experienced motorcycle accident attorneys in Fort Lauderdale to represent your case.
In many unfortunate cases, motorcycle drivers are injured or killed by people driving cars under the influence of drugs or alcohol. In these cases, the issue of determining liability is fairly straightforward.
Disputes About Liability
In cases where there are disputes about who is liable, we will work to gather all relevant information and prove your case clearly. However, in some cases, we may need to negotiate or argue based on a percentage of liability, in which case the two drivers will divide responsibility, and the injured party will receive damages based on these percentages. This is called “comparative negligence.” Below are a few examples:
Lack of Helmet
If the motorcycle driver did not have a helmet on (which is allowed in Florida since 2000), the other driver may make the argument that while, yes, they were responsible for the accident, the injuries would not have been as severe had the rider had a helmet on. This may contribute to a reduction of damages recovered.
If a car had to swerve to avoid debris on the road, or possibly an animal crossing the highway, and struck a motorcyclist, then they certainly caused the accident, but were they negligent? While as the motorcycle driver you may think that this answer is obvious, there is a possibility that the insurance company will try to claim that you were partially at fault for failing to swerve, allege that you were speeding, or any other number of factors.
Hire a Motorcycle Accident Attorney
If you were involved in a motorcycle accident, contact us today to begin building your case for the damages you are entitled to. While it may seem from your perspective that recovery of all damages will be straightforward and simple, you may find that this is not the case as you try to work through a personal injury claim. With the help of the team at Friedland & Associates, you can be confident that there is a team of legal professionals working on your case to ensure that you get the money you deserve. Contact us today to schedule an initial consultation and we can begin this process as soon as possible.