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Have you been injured in a motorcycle accident you didn’t cause? You likely have grounds to file a motorcycle accident claim against the at-fault party. What if you’re not sure if you contributed to the motorcycle crash? Thanks to Florida’s vehicle accident laws, your case could get a little more complicated.
Proving fault in a motorcycle accident claim requires a different approach depending on who the at-fault party (the defendant) is. A Palm Beach Gardens motorcycle accident lawyer can review your situation and advise you of the viability of your claim.
Legal negligence and its applications in motorcycle accident claims
For you to have grounds to seek damages after a motorcycle accident, you must prove negligence on the other party’s part. Usually, it’s another driver, but other defendants could include the municipality responsible for maintaining the road conditions or a mechanic who failed to repair your bike properly.
Negligence is a four-part legal concept:
- The other party owed you a duty of care (driving responsibly, repairing your motorcycle correctly, etc.)
- They failed to act as a reasonable person would have in the situation
- This failure directly led to the accident and your harm
- You suffered financial losses from your injuries
If all four elements of negligence are present in your situation, then you likely have solid grounds to seek compensation from the at-fault party. However, Florida vehicle accident laws affect the outcome of your claim.
How Florida vehicle accident laws impact your motorcycle accident case
Florida’s modified comparative negligence laws for vehicle accidents determine whether you recover compensation. If you carry less than 50% fault for the wreck, you can recover damages, minus the percentage of fault you contributed to the wreck. So, if your total damages are $25,000, and you’re determined to have contributed 25% of the blame for the wreck, then you’ll receive $20,000 (25% less).
Motorcyclists enjoy a special exception to Florida’s Personal Injury Protection (PIP) insurance requirements; they’re not required to carry PIP insurance (but are required to have general liability insurance). So, you have the right to file a suit for damages even if your injuries don’t reach the state’s definition of “serious.”
Proving fault in Florida Motorcycle accident claims
To win your case and the compensation you’re entitled to, you must prove that another party’s negligence caused the crash. The most common defendants (the at-fault party) in a motorcycle accident crash are other drivers, a mechanic or motorcycle manufacturer, and a city or county responsible for keeping the roads in a safe condition, so let’s look at how an experienced motorcycle accident attorney proves negligence in each situation.
Proving negligence against another driver
The official police report of the accident will have much of the information personal injury attorneys need to build their case. While these may not be admissible as evidence in court, they do contain plenty of information your lawyer can use, like the names of witnesses and photos of the crash.
Proving that the other driver caused the wreck involves reviewing gathered evidence such as the physical damage to each vehicle involved, obtaining witness statements from passengers and passersby, and evaluating the accident scene to determine if any traffic laws were violated, including failure to yield, which may have contributed to the wreck.
Proving negligence against a city or county
Potholes, cracks in the pavement, and other debris that wouldn’t affect the momentum of a car or truck pose a serious danger to someone balancing on two wheels. Or, perhaps the accident was due to malfunctioning traffic signals or other infrastructure damage that the city of Palm Beach Gardens or Palm Beach County should have kept in good working order.
In this type of case, your lawyer may use photos of the accident scene, the county’s maintenance records, and testimony from transportation experts to build your accident case.
Proving negligence against a mechanic or manufacturer
Your bike is the main piece of evidence in this type of case. An expert examines the motorcycle, pointing out where a repair was incorrectly completed, or reviews the manufacturing run of your bike model to determine if there was a flaw in the design, a defective tire, or a manufacturing error that rendered the bike fundamentally unsafe.
Once your lawyer has evidence proving that the other party could have taken reasonable steps to avoid an accident or creating conditions where an accident is highly likely to occur (such as failing to fix a pothole that caused you to lose control of the bike), they can negotiate a fair settlement with the defendant, or take the case to trial and present the evidence to a jury.
Talk to a Palm Beach Gardens motorcycle accident lawyer today
Motorcycle crashes can lead to serious injuries, pain and suffering, and overwhelming medical bills. If you’re unsure whether you have a valid claim or are ready to take the next step, talk to an experienced motorcycle accident lawyer in Palm Beach Gardens. We’ll review the facts of your case and help you build a strong claim.
We know how to fight for the compensation you deserve. Contact Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation.