Traveling by motorcycle is a widespread practice.
However, due to distracted and negligent drivers on our roadways, motorcyclists may be at greater risk of an auto accident than ever.
The requirements in a Florida motorcycle accident case may appear to be straightforward, but a defendant and his or her insurance company will challenge most claims. Our motorcycle accident attorneys recognize how devastating these injuries can be for the victims, as well as their families.
Motorcycle Accident Attorneys
Motorcyclists are expected to follow the same traffic laws as any other driver and exercise caution in order to prevent an accident. For example, motorcycles are prohibited from riding between lanes or passing unlawfully in a lane. However, many car and truck drivers fail to recognize that motorcycles and their riders are afforded the same rights as any people in standard vehicles.
Under Florida law, motorcycles are entitled to utilize a full traffic lane, and other motor vehicles are prohibited from depriving a motorcycle of the full use of a lane. Likewise, every driver must yield the appropriate right-of-way to other vehicles, including motorcycles, at traffic signals and signs.
In any auto accident case, the criteria for establishing liability are the same. A victim must prove that another motorist was negligent by breaching an established duty of care, and that the breach caused injuries and quantifiable damages. Motorcycle accident cases are no different.
In order to go forward with a claim, an injured rider must show that a particular defendant, usually another driver, owed him or her a duty of care. This can often be accomplished by asserting well-established Florida law that requires a driver to use reasonable care in operating a vehicle in order to avoid foreseeable risks of harm. Once that duty is established, the motorcyclist must set forth sufficient evidence that the other driver breached the duty.
Filing a Wrongful Death Claim
In some serious cases, a motorcycle rider may suffer catastrophic injuries or even death as a result of another person’s negligence. While no amount of money can make up for the death of a loved one, a claim for wrongful death may provide monetary compensation to assist with medical and funeral costs as well as the lost potential to earn income.
Wrongful death cases have several requirements in addition to proving negligence. Most importantly, a personal representative must be appointed within a certain amount of time in order to assert the claim. A surviving spouse or family member may seek damages for loss of support, loss of companionship, emotional pain and suffering, and medical expenses.
Statute of Limitations for Motorcycle Accidents
If you have been involved in a motorcycle accident, it is critical to act promptly to assert your claims against any negligent drivers and their insurance companies. The laws of Florida set forth time frames for filing various types of lawsuits. These rules, known as statutes of limitations, require a victim to initiate a case within 4 years of the date of the accident. A failure to do so could completely bar recovery of damages.
Our Legal Team
If you or someone you know has been involved in a collision near Cape Coral, Fort Myers, or Naples, the motorcycle accident lawyers at Lusk, Drasites, & Tolisano are on hand to help.
Claims we handle include:
We can facilitate communications with insurance companies and work to assert your right to the damages you deserve. To speak to one of our Florida motorcycle accident attorneys, call us toll free at (800) 283-7442.