Unfortunately, motorcycle accidents are too common…especially in the state of Florida. And, although car accidents can often cause devastation, injury, and death, the likelihood of these events happening in a motorcycle accident is even greater…
It may seem obvious, but motorcycles do not provide you with much protection. Taking a motorcycle safety class, wearing a helmet, eyewear, and leather clothing provide some protection, but not enough to keep you safe from injury in the event of a severe accident. Even a small rear-end tap by another vehicle may send you over the handlebars, or getting sideswiped by an unsuspecting motorist can cause you a world of hurt.
An Introduction to Motorcycle Accident Law
Motorcycle accident laws generally follow the same rules applied to car accidents. Some examples of claims that a person injured in a motorcycle accident may bring against others include negligence and violations of specific state laws regarding the rules of the road (for example, failure to stop at a red light, speeding, etc.).
When someone is negligent, it means that:
1) He or she had a duty to you (in this case as a fellow rider on the road)
2) He or she breached that duty by failing to apply the care expected from a rider on the road
3) He or she caused you personal injury.
Your Claims Against Those Who Injured You
As part of your claims against those who may have caused your motorcycle accident, you may be entitled to some or all of the following:
a purely financial award
medical expenses
lost wages
funeral expenses
loss of companionship (referred to as loss of consortium)
All of these specific claims typically will be brought in one lawsuit known as a personal injury action. Additionally, personal injury actions may be brought against more than one person, known as the defendant. Defendants in a personal injury action can be:
the driver(s) of the vehicle that caused or partially caused the accident
the employer of the driver(s) that caused the accident
the city, town or state that failed to provide adequate and safe road conditions
Important Things to Remember
If you have been injured in a motorcycle accident, it is important that you keep close track of everything that happens including, but not limited to, the following:
Your recollection of the accident, including weather conditions, what you were wearing, what you saw, etc.
Your statements given to law enforcement and any medical personnel that treat you at the scene of the accident, on the way to the hospital, and at the hospital…
You must also keep track of any time missed from work or lost wages
Record the names and locations of your health care providers as well as any medical bills you receive
Keep details of any correspondence with insurance company representatives and any other key personnel you have spoken to after your accident
Remember, consistency in any and all of your statements and records is crucial to your motorcycle accident case.
A Personal Injury Attorney Daytona Beach
If you think your motorcycle accident may have been caused by another driver’s negligence, then you should contact a personal injury attorney as soon as possible. He or she can evaluate your situation and decide if you have a case to help regain some of what you lost due to your accident.
Your attorney will take care of many of the daunting tasks that need to be handled when bringing a Florida motorcycle accident lawsuit. The attorney and his or her staff will communicate directly with the insurance companies involved, collect and organize your medical records, and will correspond directly with the attorneys that represent the defendant(s).
While you need to be actively involved in your own case, your attorney will make the process much easier, and he or she will advise you with what you should and should not be doing during your case.
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