Motorcycle accidents are similar to other motor vehicle collisions, but there are unique elements. Often, motorcycle accidents are more devastating than accidents involving only larger vehicles because there is no buffer between the motorcyclist and the force of the impact. Moreover, there may be some issues when analyzing liability that are different than when analyzing liability involving larger passenger cars or trucks. If you are injured or a loved one is killed in a motorcycle accident, the Fort Lauderdale motorcycle accident lawyers at the Gainza Law Group may be able to help you.Holding a Careless Driver Accountable for a Motorcycle Accident
Motorcycles are much lighter and smaller than cars and trucks, and because of this, motorcycle riding is much more dangerous than riding in a passenger car or truck. A motorcycle accident is more likely to result in catastrophic injuries or death than is a car accident. Often, motorcyclists are less visible to drivers operating larger vehicles. What might seem like a small inconvenience to the driver of a larger vehicle —uneven road surfaces, debris, objects, or slick surfaces — can be a huge hazard to a motorcyclist. Motorcycles are less stable than vehicles with four wheels, but they are still powerful. Moreover, motorcycles have no seatbelts, and only some have airbags.
If you are injured in a motorcycle accident, you may be able to recover damages if you can show that another driver was negligent. A motorcycle accident attorney in Fort Lauderdale would need to show by a preponderance of the evidence that the defendant owed you a duty of care to drive safely, but their unsafe driving caused the accident and your injuries. Unsafe behaviors could include speeding, distracted driving, drunk driving, fatigued driving, weaving, cutting other drivers off, tailgating, or failing to obey traffic signals.
There are ways for bikers to reduce the risks of being involved in a motorcycle accident. These can include avoiding hazards and hazardous behavior, wearing a helmet, or wearing protective clothing. However, even when another party's liability is clear, that party may raise comparative negligence. When comparative negligence is raised, the jury will evaluate the arguments and evidence and assign percentages of fault to anyone found to be at fault, including the plaintiff. Your damages may be reduced by your percentage of fault. For example, if you were lane splitting, and a distracted driver made an unsafe lane change, crushing you against another car, the jury may find that you were 30% responsible and the other driver was 70% responsible for the accident. If the damages were $200,000, your Fort Lauderdale motorcycle accident attorney still may be able to recover $140,000 from the other driver. Motorcycle accidents are particularly dangerous when a motorcyclist does not wear a helmet. In Florida, there is not a general requirement that all motorcyclists must wear helmets. In some cases, however, a jury may suspect that a motorcyclist who suffered a traumatic brain injury, skull fracture, or other head trauma was partially at fault for not wearing a helmet. Sometimes it is necessary for expert testimony to be presented to show that the injury would have occurred even if the rider had worn a helmet.
Damages that you may be able to recover for your injuries include economic and noneconomic losses. Economic losses are tangible losses, such as emergency expenses, medical expenses, out-of-pocket costs, lost income, and replacement services. Noneconomic losses include pain and suffering, mental anguish, loss of enjoyment, and loss of consortium.Contact a Skillful Motorcycle Accident Lawyer in Fort Lauderdale
If you were injured or a loved one died while riding a motorcycle in South Florida, you should consult the Gainza Law Group. We provide dedicated legal representation to people throughout Broward, Miami-Dade, and Palm Beach Counties, as well as elsewhere in Florida. We represent victims in cities such as Pompano Beach, Miami, Hialeah, West Palm Beach, Coral Springs, Hollywood, Lauderhill, Miramar, Pembroke Pines, Plantation, Sunrise, Miami Beach, Miami Gardens, Boca Raton, Boynton Beach, Delray Beach, Palm Beach Gardens, Cape Coral, Tampa, Clearwater, St. Petersburg, Tallahassee, Orlando, Jacksonville, and Daytona Beach. Call us at (954) 463-1210 or complete our online form.