According to the National Highway Traffic Safety Administration, thousands of motorcycle deaths happen every year in the United States. These accidents, even if there is no actual physical collision between the two vehicles, can cause catastrophic injuries like spinal cord injuries, paralysis, and quadriplegia.
If you or a loved one have suffered a personal injury in a motorcycle accident due to the negligence of another driver, Florida’s personal injury laws provide recourse and compensation. A LaBelle motorcycle accident lawyer with The Landau Law Group can help you understand your legal rights and financial options: call (866) 703-4878 today.
Types of Motorcycle Accidents
There are many types of motorcycle accidents, including those that involve no actual physical collision between vehicles. The following are the most common types of motorcycle accidents:
One of the most common causes of roadway accidents involves speeding. The greater the speed, the greater the chances a more serious or deadly impact could occur.
Driving Under the Influence
Alcohol and drugs impair a driver’s ability to make sound decisions and avoid collisions due to impaired judgment. Both civil and criminal liability is at risk when a driver operates a motor vehicle impaired.
Dangerous Road Conditions
Motorists often take an abundance of care and yet may still have a collision with a motorcycle due to dangerous road conditions. Also, motorcyclists have more difficulty maintaining control over their motorcycles when there are dangerous road conditions.
Dangerous and Unsafe Driving
Any dangerous or unsafe driving can increase the chances of an accident. Unsafe driving might involve:
- Unsafe lane changes
- Left turn accidents
- Inexperienced drivers
- Car doors opening unexpectedly
Motorcyclists will often drive between two lanes of traffic in order to reach their destination quicker. This practice, known as “lane splitting,” is illegal in Florida (Statute 316.209) and is dangerous in any state that it occurs.
If a motorcycle has any defect or faulty manufacturing design, injuries and deaths can occur due to the defective part. These types of crashes can occur on the roadways and lead to death or injury not only to the motorcyclist but other drivers as well.
No-Contact Motorcycle Accidents
When an accident occurs between a motorist and a motorcycle without any actual collision between the two vehicles, it is considered a no-contact motorcycle accident. A motorist may be legally responsible even if their vehicle did not touch the motorcycle physically.
A typical no-contact motorcycle accident scenario is when a car or truck changes lanes and does not check their mirrors to see if there are any motorcycles. Attempting to avoid the collision, the motorcyclist will either lay down the motorcycle or skid off the road, both of which can still cause considerable damage to the rider and the motorcycle.
No-contact motorcycle accidents are complex because typically the driver of the vehicle had no knowledge that they caused an accident. These drivers may not stop as they may be unaware that they just caused injury to either the motorcyclist or his property. Contacting a motorcycle accident lawyer for your no-contact motorcycle accident case can help you understand your rights, help you find the motorist responsible, interview witnesses of the motorcycle accident, and, if necessary, bring your case to trial.
Establishing a Motorcycle Accident Case
Certain legal elements are necessary in any motorcycle accident case. We must prove that your case meets the following four elements:
- Duty: in the case of a motorcycle accident, there was a duty by the motorist not to cause harm or drive recklessly on the highway.
- Breach: negligence is a legal term indicating that there was a failure to act appropriately and with care as an ordinary person would in the same circumstances. If a driver’s negligence caused your motorcycle accident, we can help you establish your case.
- Causation: we must prove that your injury from your motorcycle accident was a direct result from the other driver’s negligence, whether there was a collision between the two vehicles or not.
- Damages: to successfully bring a lawsuit, you must have suffered actual damages (physical, emotional, or financial harm) in the motorcycle accident due to another’s negligence.
Contact a LaBelle motorcycle accident lawyer at The Landau Law Group at (866) 703-4878 to get started with a free consultation regarding your motorcycle accident case.
Florida’s Comparative Negligence Law
Even if you are partially at fault for the motorcycle accident, Florida statute section 768.81 establishes Florida’s pure comparative negligence rule. This Florida statute protects your legal right to pursue compensation even if you are partially at fault for the accident. For example, if you are found at fault for 15% of the motorcycle accident, you may still be awarded 85% of compensation owed to you.
Florida Statute of Limitations
You must file your personal injury lawsuit before a certain deadline called a statute of limitations. No matter what injuries you suffer, if you fail to file your lawsuit by this date, the Florida courts will likely dismiss your case. In Florida, according to Florida Statute section 95.11(3)(a), you have four years from the date of the motorcycle accident to file a lawsuit.
The Landau Law Group can help you understand your rights under Florida laws and how these laws apply to your case.
Contact an Attorney Today
Motorcycle accidents can be devastating and even deadly. If you have suffered a personal injury in a motorcycle accident due to someone else’s negligence, contacting The Landau Law Group will help you understand your legal rights.
Call The Landau Law Group at (866) 703-4878 to get started with a free consultation a with a LaBelle motorcycle accident lawyer regarding your case today.