Common Injuries in Motorcycle Accidents
Riding a motorcycle can be exhilarating, but motorcyclists, unfortunately, face a higher risk of accidents due to careless actions by other drivers. Additionally, people involved in motorcycle collisions are unlikely to walk away unharmed. In many instances, common injuries in motorcycle accidents are significant and costly to treat. Fortunately, though, those injured have the legal right to pursue damages from the parties responsible for the accident via personal injury claims. If you were hurt in a crash involving a motorcycle, you should speak to a lawyer about your options. The dedicated Cape Coral motorcycle accident attorneys of Lusk, Drasites & Tolisano, P.A. are skilled at helping injured parties pursue any damages they may be owed, and if you hire us, we will fight tirelessly on your behalf. We frequently assist parties in motorcycle accident lawsuits in Cape Coral and other cities throughout Florida.Common Injuries in Motorcycle Accidents
Motorcycle accidents can cause a variety of injuries, but some are more common than others. For example, many people involved in collisions on motorcycles suffer traumatic brain injuries, like concussions, subdural hematomas, coup contrecoup injuries, and hemorrhages. They are also likely to suffer internal bleeding and organ damage due to the impact of their accidents. People who crash while riding motorcycles frequently suffer fractures, many of which are serious and require surgical repair. Finally, other common injuries in motorcycle accidents include abrasions, lacerations, and contusions.Recovering Damages Following Motorcycle Accidents
People hurt in motorcycle accidents often need to undergo extensive medical treatment. Additionally, they are frequently unable to work due to their injuries, and in many cases, their impairment is permanent. Thus, they may seek to recover damages from the party responsible for the accident. In most lawsuits arising out of motor vehicle collisions, the plaintiff will assert a negligence claim against the defendant.
In Florida, to prove negligence, a plaintiff must first show that the defendant owed the plaintiff a duty. The duty may arise out of a statute or may be the general obligation to act with reasonable care under a given set of circumstances. Then, the plaintiff must prove that the defendant’s actions constitute a departure from the duty. Finally, the plaintiff has to prove that the defendant’s breach of the duty owed proximately caused the plaintiff to suffer actual harm. In other words, the plaintiff must produce evidence that shows it is more likely than not that the defendant’s behavior caused the collision, and therefore caused the plaintiff to sustain injuries.
In some instances, a defendant may attempt to avoid culpability by placing blame for the accident on the plaintiff. Under Florida law, though, plaintiffs who are deemed at fault for their own harm are not barred from recovering damages. Their recovery will merely be reduced in proportion to their liability.Damages Awarded in Motorcycle Accident Cases
A plaintiff that successfully proves a defendant’s fault may be awarded the cost of any past medical treatment that was necessary due to the injuries he or she suffered, as well as the cost of any treatment that will be needed in the future. A plaintiff that was unable to work may be awarded lost wages as well. In many instances, a judge or jury will grant a plaintiff damages for the intangible harm caused by an accident, like pain, suffering, and mental trauma. If the plaintiff was married when the accident occurred, his or her spouse may also be owed compensation.Meet With an Attorney in Cape Coral
Careless driving is the cause of many motorcycle collisions in Florida, and people hurt by the reckless actions of other motorists may be able to recover compensation for their damages. If you were injured in a motorcycle collision, you should speak to an attorney regarding your potential claims. The lawyers of Lusk, Drasites & Tolisano, P.A. possess the skills and experience needed to present compelling arguments on your behalf, and if you hire us, we will work tirelessly to help you seek a just outcome. We frequently assist people injured in accidents in lawsuits in Cape Coral as well as in Fort Myers, and Naples. You can reach us via our form online or at 800-283-7442 to schedule a confidential meeting at our Cape Coral, Naples, and Fort Myers offices.