MOTORCYCLE ACCIDENT ATTORNEY IN GAINESVILLE

Many of the same factors that cause car accidents also cause motorcycle accidents.

Distraction

Motorcyclists succumb to the same temptations that distract the drivers of automobiles. Texting and riding a motorcycle is a huge problem because the rider focuses on an electronic device held in the hand instead of the traffic moving around the motorcycle. Other types of distractions include eating, talking on a phone, and taking in the scenery.

Reckless Driving

Operators of motor vehicles that recklessly drive their cars put other drivers and riders of motorcycles in danger of getting involved in a serious accident. Reckless driving includes speeding, making an illegal turn, and moving in and out of traffic. The team of motorcycle accident lawyers in Gainesville from Morgan and Morgan analyzes physical evidence and speak with witnesses to establish reckless behavior.

Under the Influence

The consumption of drugs and/or alcohol before driving a car or operating a motorcycle slows down reaction times, as well impairs the judgment required to make sound operating decisions. One of the first things a law enforcement officer does after arriving at the scene of a motor vehicle accident is to determine if any of the operators of the motor vehicles involved in the crash are under the influence of drugs and/or alcohol.

One of the most effective ways to prove negligence for a motorcycle accident is to demonstrate that at least one other party violated one or more Florida motorcycle laws. The Morgan and Morgan attorney who works on your case has a deep understanding of the motorcycle laws that apply to Florida operators. As an owner of a motorcycle, you should know the Florida laws that apply to motorcyclists.

Mandatory Motorcycle Endorsement

Just because you earned a driver’s license does not mean you have the right to operate a motorcycle in Florida. You also need to acquire a motorcycle endorsement, which requires aspiring motorcyclists to complete the Basic Rider Course, as well as pass the course test as presented by the Motorcycle Safety Foundation. Once an applicant fulfills the proper requirements, Florida adds a motorcycle endorsement to the applicant’s driver’s license.

Helmet Law

Florida requires riders younger than 21 years old to wear a state-approved helmet while operating a motorcycle. Motorcyclists older than 21 years old have the option to wear a state-approved motorcycle helmet, but they are not required to wear one. If a motorcyclist is older than 21 years old and opts not to wear a helmet, the motorcyclist must purchase at least $10,000 in health insurance coverage that is directly associated with operating a motorcycle.

Lane Splitting

Traffic comes to a standstill on Interstate 75 just outside of the Gainesville city limits. A motorcyclist begins to move forward between the stalled vehicles. Florida has outlawed this practice, which is called lane splitting, because of the potential dangers of making such a risky maneuver. The same lane splitting law also states that motorcyclists have the right to occupy a full lane, without having a motor vehicle encroach inside the same lane.

Unlawful Stunts

Florida makes it illegal for motorcyclists to attempt stunts while operating a motorcycle. The Sunshine State addresses the most popular type of stunt called a wheelie by mandating that all motorcyclists must keep both wheels of their bikes on the ground at all times. Motorcyclists that get involved in an accident while trying a stunt lose the legal advantage when filing a civil lawsuit seeking monetary damages.

Headlights

Motorcyclists must leave their headlights on at all times, even while riding on a clear day. Florida addresses the headlight law by requiring owners to purchase bikes that automatically turn on the headlights. One of the leading causes of motorcycle accidents happens when another motor vehicle operator turns into the path of a motorcycle because the motor vehicle operator did not see the motorbike.

Mirrors

Every registered motor vehicle in Florida, including motorcycles, must come equipped with properly functioning mirrors. The mirrors installed on a motorcycle must provide the rider with a rear view of at least 200 feet. Florida motorcycle mirror law helps riders increase their awareness of what goes on around them while they navigate state roads and highways.

You have several reasons to hire one of the best motorcycle accident lawyers in Gainesville. One of the most important reasons is to file a civil lawsuit before the expiration of the statute of limitations.

Most states have established a deadline for filing a personal injury lawsuit between two and four years, although a few states go as high as six years and as low as one year. Florida has set the statute of limitations for filing a personal injury lawsuit at four years. The clock starts ticking on the day when you sustained injuries caused by a motorcycle accident.

If you fail to submit a civil lawsuit that seeks monetary damages for a motorcycle accident before the deadline, the court clerk processing your claim dismisses it. The attorney representing the other party informs the court clerk about your failure to meet the statute of limitations. Although four years gives you more than enough time to file a civil lawsuit, you should file your lawsuit as soon as you can. Medical bills often pile up quickly and if the accident has prevented you from working, you need to find another source of income to recover your financial losses.

Auto insurance companies are notorious for delaying payment and/or undervaluing insurance claims. When you work with one of the experienced motorcycle accident lawyers in Gainesville from Morgan and Morgan, you can expect to receive several helpful legal services.

Communicates With Your Insurance Company

Hiring a personal injury attorney from Morgan and Morgan lets your insurance company know that you are serious about receiving fair value for an auto insurance claim. Your lawyer acts as an intermediary by communicating with the insurance adjuster assigned to your case. Instead of you haggling over an undervalued claim, your attorney submits the evidence you need to receive compensation.

Conducts a Thorough Investigation

One of the many advantages of hiring a personal injury lawyer at Morgan and Morgan is our law firm has several investigators ready to help your personal injury attorney gather and organize medical and physical evidence. Your insurance company wants to examine medical records to confirm the seriousness of your injuries, as well as get an idea about how much money you have spent on healthcare. Physical evidence comes in the form of traffic camera footage, as well as photographs of the accident scene.

Calculate a Reasonable Value

Whether it is an auto insurance claim or a civil lawsuit that seeks monetary damages, your motorcycle accident attorney has to calculate a reasonable value for compensation. Filing an insurance claim that requests an unreasonable value for compensation might force your insurer to deny your claim. The motorcycle accident lawyers in Gainesville from Morgan and Morgan calculate fair values for compensation that help our clients recover financial losses.

Negotiate a Favorable Settlement

Because there frequently is a difference between what a lawyer submits as a compensation offer and what an insurance company submits as a compensation offer, your personal injury attorney might have to negotiate a settlement. Your legal counsel submits an initial offer that your insurance company either accepts, rejects, or makes a counteroffer. Negotiations can go through several rounds of back and forth counteroffers until both parties reach a settlement or your lawyer decides to take additional action to get a resolution to your claim.

Your personal injury lawyer must prove four elements of negligence: duty of care, breaching the duty of care, causation, and damages.

Duty of care for a motorcycle accident means the other party had a legal duty of care to avoid causing you harm. For any type of motor vehicle accident, proving the legal principle called duty of care is relatively easy to do.

The most difficult element of negligence to demonstrate is breaching the duty of care doctrine. Your Morgan and Morgan lawyer must connect the actions of another party to the breaching of the duty of care principle.

A violation of the duty of care doctrine must have caused your injury or injuries. The attorney representing the other party might try to convince the judge hearing your case that you sustained your injuries as a result of another event.

Finally, sustaining your injuries must have caused you to suffer from financial losses in the form of medical expenses, lost wages, and/or property damage. This element also is relatively easy to prove because of the paper trail generated by medical bills, personal bank statements, and receipts for making repairs or replacing your property.

Florida operates under the comparative negligence doctrine when assigning blame to personal injury cases. Although you might have a clear-cut case of negligence against the other party, the  judge hearing your case might assign to you part of the blame for causing the accident. For example, let’s assume a vehicle made a maneuver that forced you to swerve and hit a stationary object. The judge hearing your case assigns most of the blame to the driver of the motor vehicle for reckless driving. However, the judge declares you should assume some of the fault for failing to pay attention.

If the judge awards you $50,000 in monetary damages and assigns you 20 percent of the blame for causing the accident, the net value of your monetary damages decreases to $40,000.

Morgan and Morgan checks off all the boxes you need to be checked off before hiring a personal injury attorney. We offer experienced litigators that respond to all communications promptly. You can expect the lawyer assigned to your case to support you from the first day until your case gets resolved. In addition, you get to work with an attorney who specializes in litigating motorcycle accident cases.

Learn more about how Morgan and Morgan can help you with a motorcycle accident insurance claim and a civil lawsuit that seeks monetary damages by scheduling a free case evaluation.