Cape Coral Attorneys Representing Injured Motorcyclists
While many people enjoy an exhilarating ride on a motorcycle, they are subject to heightened risks not faced by car or truck drivers. For example, some accidents occur when a driver or passenger in a parked car opens a door into the path of an oncoming motorcycle. These open door accidents can cause significant injuries that require costly medical treatment. If you were injured in an open door accident and are seeking damages from the parties that caused your injuries, contact the knowledgeable Cape Coral motorcycle accident lawyers of Lusk, Drasites & Tolisano, P.A. regarding the claims you may be able to pursue in a civil lawsuit. We regularly represent people injured riders in Cape Coral, as well as Naples and Fort Myers.
Florida Law Regarding Open Door Accidents
Many people do not realize that opening the door of a vehicle can pose a danger to others traveling next to the car, such as a person on a motorcycle or bicycle. Because open vehicle doors cause accidents so frequently in Florida, the legislature drafted a law to address this hazard. Specifically, the law states that no one is permitted to open any door on a motor vehicle unless the it can be opened without interfering with the flow of traffic, and it is reasonably safe to do so. Additionally, the law prohibits people from opening a vehicle door on the side of the vehicle that is adjacent to moving traffic for longer than is necessary to allow people to enter or exit a vehicle. People who violate the law can be cited for a traffic violation.
Recovering Damages for Open Door Accidents
Lawsuits arising out of open door motorcycle accidents will usually allege that the defendant should be liable for the plaintiff’s harm because the defendant acted negligently. In order to prove negligence under Florida law, a plaintiff must show that the defendant had a duty to act with reasonable care given the circumstances, but that the defendant acted in a manner that constitutes a breach of the standard of care. The plaintiff must then show that the breach caused the plaintiff to suffer calculable harm. Thus, in cases in which a plaintiff suffered harm due to an accident caused by an open door, the duty owed would be the duty to refrain from opening the door until it is safe to do so, and the plaintiff can refer to the defendant’s violation of the open door statute as evidence of the defendant’s negligence.
Typically, in lawsuits in which the plaintiff was injured by an open door accident, the defense attorney will allege that the plaintiff caused the accident by failing to keep a lookout or driving too fast, and will, therefore, argue that the plaintiff should not be awarded damages. In Florida, though, a plaintiff that is deemed partially responsible for an accident will not be barred from recovering damages. Any damages awarded to an at-fault plaintiff will be reduced proportionately to his or her fault, however.
Damages Awarded in Lawsuits Arising Out of Motorcycle Accidents
A plaintiff that proves a defendant’s liability for an open door accident will usually be awarded damages for the financial losses caused by the accident. In other words, the plaintiff may be compensated for the cost of any medical treatment needed after the accident, as well as for lost wages and out of pocket expenses. A plaintiff may also be awarded damages for the intangible harm caused by the accident as well, such as the trauma, mental anguish, suffering, and pain the plaintiff endured.
Discuss Your Accident with a Skilled Lawyer in Cape Coral
Open door accidents can cause serious brain injuries, broken bones and other lasting impairments to motorcycle riders. If you were injured while on a motorcycle, you should meet with the attorneys at Lusk, Drasites & Tolisano, P.A. to discuss your legal rights. We are experienced at helping injured parties seek damages from those responsible for their injuries. We frequently represent people in lawsuits arising out of motorcycle accidents in Cape Coral, as well as in Naples and Fort Myers.
You can contact us at our offices via our form online or by calling us at (239) 908-4930 to set up a meeting.
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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.
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