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Motorcycle Accidents

Motorcycle in Sunet 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.

Motorcycle Laws

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.

Proving Negligence

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.

Client Reviews
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
"Very professional staff. They treat you like family." - Karen R.