According to consumersafety.org Florida had 595,946 registered motorcycles in 2017, placing it among the most popular states for riders. The large number of motorcycles and the heavily populated streets and highways contribute to the high occurrence of serious accidents. Those injured due to the negligence of another have the right to receive compensatory damages. Our Miami personal injury attorneys offer advice to determine fault and the feasibility of filing a lawsuit in the event of a motorcycle accident.
Frequent Causes of Motorcycle Accidents
Motorcycle collisions are especially dangerous due to the fact that the rider lacks the same protections afforded by a car, such as a metal enclosure, seat belts, and airbags. Additionally, Florida law states that any person over the age of 21 is permitted to operate a motorcycle without a helmet, so long as the driver has insurance coverage of a minimum of $10,000 in medical benefits for injuries sustained in a crash.
Common causes of collisions between motorcycles and cars include:
- Cars making left-hand turns at intersections
- Head-on collisions
- Passing vehicles
- Encountering road hazards
Determining Fault in a Motorcycle Accident Case
Legal cases use the theory of negligence to determine liability in an accident. The burden of proof falls on the plaintiff to establish the fault of the defendant by demonstrating carelessness. Liability is determined upon evaluation of whether one individual in the accident acted more carelessly than another. Once the fault is established, the individual will be responsible for partial payment of the damages suffered by the more careful individual.
Elements of Negligence in a Motorcycle Accident Case
Once liability is determined, the injured person can pursue a negligence claim. In order to prove the eligibility of a lawsuit, the plaintiff must demonstrate that:
- The defendant was required by law to act with reasonable care.
- The defendant did not exercise caution.
- The injuries sustained were the result of the defendant’s carelessness.
It should be noted that negligence on the part of the injured individual can lead to a reduction in compensation. If carelessness by the injured person can be proven, it can be raised as a defense in the lawsuit by the defendant.
If you or someone you know has been injured in an accident due to the negligence of another driver, contact the Miami personal injury attorneys at Graham Legal, P.A., today.