Intersection accidents commonly take place in the state of Florida and throughout the United States. Multiple traffic lanes, signals, and pedestrian crossings are among the reasons that they are widespread. While intersections can be dangerous for all drivers, motorcycle riders are particularly susceptible to injury due to the lack of structural protection their vehicles offer. If you or a loved one has been the victim of a driver’s negligence in Fort Myers or the surrounding area, the dedicated motorcycle accident lawyers at Lusk, Drasites & Tolisano can help.Bringing a Negligence Claim against a Careless Florida Driver
The National Highway Traffic Safety Administration (NHTSA) estimates that 96 percent of intersection collisions are caused by driver error. The NHTSA also reports that in 2013, there were 764 traffic fatalities at intersections in the state of Florida. Intersection accidents take place for a number of reasons, including a driver running a red light, a driver failing to stop at a stop sign, poor weather conditions, mechanical failures, or failing to yield to someone else’s right of way.
Motorcycle intersection accidents can be extremely dangerous and even fatal to bikers. This is partly because the rider’s body is vulnerable from all sides with no metal cage, airbags, or even seat belt. If you have been hurt in an intersection accident that was not your fault, you may be able to recover compensation for your harm. An injured victim can take legal action against the at-fault party by filing a negligence claim. Negligence is the failure to exercise reasonable care while behind the wheel of a motor vehicle. Reasonable care is defined as how the ordinary driver would behave in the same circumstances. For example, if someone is speeding excessively and causes an accident, he or she will likely be liable for the resulting harm because a prudent person would understand the risks that come with excessive speeding and refrain from engaging in that behavior.
In order to succeed on a negligence claim, the plaintiff must demonstrate that the defendant owed the victim a duty to exercise reasonable care while driving and that the defendant breached this duty, such as by failing to yield at an intersection or violating another traffic rule. Also, the defendant’s breach must have been the direct cause of the accident, and the plaintiff must have sustained damages.
An injured motorcycle rider may seek compensation for past and future medical costs, rehabilitation expenses, long-term nursing care costs, lost income, pain and suffering, property damage, and any other costs and losses stemming from the incident. The exact amount of money a victim will receive will depend on the type and degree of the injuries sustained.Discuss Your Motor Vehicle Collision Case with a Fort Myers Lawyer
At Lusk, Drasites & Tolisano, our injury attorneys can assist individuals in Fort Myers, Naples, and other cities with investigating the details of a case and developing a legal strategy accordingly. We offer vigorous representation, whether it is in the context of a settlement or in the courtroom. Our firm also assists accident victims from Lehigh Acres, Sarasota, and communities throughout Collier and Lee Counties. For more information, call us toll-free at (800) 283-7442 or contact us through our online form today.