If you or a loved one were seriously injured in a motorcycle accident, you may be eligible to receive compensation for medical bills, lost wages, lost earning capacity, wrongful death, and other damages.
Our motorcycle accident lawyers will fight aggressively for your rights so you can hold the responsible parties accountable for negligence. Continue reading to learn more!
Causes of Intersection Collisions
Intersection collisions are often caused by people who fail to pay attention to or follow traffic signals. For example, a driver may run a red light before hitting you on your motorcycle. Intersection collisions can also happen when people make unprotected right and left turns or change lanes. If you or someone you know has been injured in a motorcycle accident, your first call should be to an experienced personal injury attorney.
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.
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.
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
Our motorcycle accident attorneys will fight aggressively for your rights so you can get the compensation you deserve from the responsible driver and insurance company. We’re proud to serve clients near Cape Coral, Fort Myers, and Naples.
To request your free legal consultation with one of our Florida motorcycle accident lawyers, call Lusk, Drasites, & Tolisano PA toll free at (800) 283-7442.