Representing Motorcycle Accident Victims in Fort Myers and Naples
Motorcycles offer a lot of freedom on the road, but that freedom comes with risk. Motorcyclists are more likely to sustain catastrophic injuries in a collision with other vehicles. This risk is even more pronounced because other drivers often fail to give motorcyclists a proper level of respect and caution.
If you have suffered injuries in a motorcycle accident, you are likely struggling to get your life back on track. You may be facing ongoing medical bills you cannot hope to repay on your own. You may be unable to return to work, and, depending on the severity of your injuries, your ability to complete everyday tasks may be compromised. When these injuries are caused by someone else’s negligence, you deserve to recover just compensation, and our team at Lusk, Drasites & Tolisano can help. Our Cape Coral motorcycle accident lawyers have been handling these cases locally for over 40 years. Our communities regularly put their faith in us, and we do everything in our power to deliver. We are ready to fight for you and provide the capable, compassionate support needed to win.
Who Is Liable for a Motorcycle Accident in Florida?
All drivers, including motorcyclists, owe one another a duty of care. They become responsible for any injuries they cause when this duty of care is violated. Many motorcycle accidents are caused by negligent drivers who fail to follow the rules of the road, which include looking out for other vehicles.
In other words, if another driver fails to see a motorcycle when turning, changing lanes, stopping, or accelerating – consequently causing a collision – the driver is likely liable for the accident. A driver also is likely to be found liable if their violation of a traffic law (such as failing to signal or running a stop sign) results in an accident. Due in part to the relatively small size of their vehicles, motorcyclists are more likely to be hit from behind or the side. Many drivers also turn in front of motorcycles without proper clearance.
Motorcyclists must also abide by traffic laws that apply to their vehicles, and failure to do so can trigger partial liability. For example, motorcyclists cannot “lane split” in the state of Florida. If an accident occurs because a motorcyclist was attempting to lane split, they may be found partially responsible for the crash. Similarly, Florida motorcyclists can only ride in the state of Florida without a helmet if they are at least 21 years old and have a sufficient level of insurance.
If you are concerned about liability or are not sure whether you have a case, turn to our Cape Coral motorcycle accident attorneys. We will thoroughly analyze your circumstances and walk you through your legal options.
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.
What Compensation Can I Recover in a Florida Motorcycle Accident Lawsuit?
To get compensation for economic and non-economic losses after a Florida motorcycle accident, you will need to act quickly. You have four years from the date of the crash to file a personal injury lawsuit. You cannot get any compensation if you miss this deadline, so it is important to get legal advice as soon as possible.
Because motorcyclists are more exposed than drivers of closed vehicles, victims are more vulnerable to catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and injuries to internal organs. Some of these injuries could become fatal. In these instances, survivors of the victim have two years from the date of the deceased’s passing to file a wrongful death lawsuit.
Our Cape Coral motorcycle accident lawyers will seek compensation for all losses, including:
- Past, current, and future medical bills
- Lost wages and earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
What If I Am Partially Responsible for a Motorcycle Accident in Florida?
Motorcyclists sometimes worry that they will be denied damages if they are partially to blame for an accident. As a result, they never speak to an attorney and do not pursue a case that could support their recovery.
Even if you were partially responsible for a Florida motorcycle accident, you may still be eligible for compensation. So long as you can prove that the other driver contributed to the accident, you can still take your case to court and potentially recover some damages to cover medical care and other critical expenses.
Florida uses “comparative negligence” rules, meaning your level of fault determines how much you recover. The court will decide both the plaintiff’s and the defendant’s level of fault and assign a corresponding percentage. The plaintiff’s total damages are then reduced by this percentage of responsibility.
For example, say the court determines the plaintiff motorcyclist is 40% at fault, while the defendant is 60% at fault. The plaintiff’s damages total $100,000, which are reduced by 40%, meaning they get $60,000. Unlike some states, Florida does allow plaintiffs to recover some damages even if they are more than 50% to blame. So, a plaintiff could be found 80% responsible and still be entitled to some damages.
We understand how courts evaluate allegations of partial liability and can advise how your share of the blame could affect your recovery. No matter the circumstances, our legal professionals at Lusk, Drasites & Tolisano will fight to put you in the best possible position and maximize what you recover.
No Fees Until We WinWe offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
Prioritizing Your Experience
As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases.
In Practice Since 1982We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.
"Answering all my questions and making me feel very important."Shannon D.
"Highly recommend."Rebecca M.
"There isn't enough stars for me to give."Lynn E.