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When a man in Tampa fractured his pelvis and clavicle and tore a carotid artery as the result of a motorcycle accident, he turned to Morgan & Morgan for help receiving compensation. We gave him the help he needed, and he came away with an $800,000 settlement.
After a motorcycle accident, facing insurance companies and attorneys on your own can be difficult and stressful. However, our specialized motorcycle accident attorneys advocate on your behalf, providing you with resources and making it easier for you to recover financial compensation. Motorcycles may not be the most frequently used vehicle in Florida, but it’s one of the biggest causes of injuries and deaths in Florida accidents.
If you or a loved one has been injured in an accident and unsure of your next steps, our attorneys are here to guide you. To learn more about how a motorcycle accident lawsuit can help you at this time, please fill out our free case review form today.
How a Tampa Attorney Can Help
If you or a loved one has been injured in a motorcycle accident, your attorney will essentially be the voice of your case, following protocol and filing documents in an attempt to recover compensation for your losses.
Our Tampa lawyers are familiar with the tactics insurance companies and defense attorneys use to try and pay out as little as possible, and we’re committed to helping clients recover the amount they are rightfully owed. This can be done through negotiations, but we’re also not afraid to take it to court.
Your attorney will begin by compiling evidence, constructing a claim for damages based on that evidence, and using your claim as leverage against insurance companies and/or the defendant in negotiations or litigation. Constructing a claim which best reflects your case will hinge on your attorney’s ability to collect as much relevant information as possible. Your attorney may gather information by:
- Evaluating the scene of the accident
- Reviewing reports from Tampa police, photographs, and sobriety tests, if available
- Reviewing your medical records
- Questioning witnesses
- Recreating the accident
- Contacting experts in the areas of accident injuries, motorcycle performance, collisions, and scene investigation
- Contacting insurance companies
- Review your driving history
- Reviewing the driving history of any other drivers involved in the accident
Your claim will aim to prove that the other party was at fault, and is therefore responsible for your losses. For example, your attorney may consult a medical expert to understand exactly how your injury was sustained. If the opposing party claims that your injury could not be caused by the type of crash that occurred, your attorney can dispute these claims with the medical expert’s findings.
If insurance negotiations are unsuccessful, your attorney may file the claim for damages against your insurance company, the party negligent in causing the crash, or the negligent party’s insurance company.
Determining Fault in Florida Motorcycle Cases
Most motorcycle accident lawsuits are pursued under the theory of negligence. Your attorney can prove that another individual or entity was negligent by establishing that a duty of care exists; the duty of care was breached by some act or omission; an injury was sustained; and the breach was the direct cause of the injury.
Tampa, however, is in a comparative negligence state, which means that a percentage of fault can be attributed to more than one party.
Traditionally, the party determined to be at fault for the accident would most likely be responsible for all damages the victim endured. Tampa, however, is in a comparative negligence state, which means that a percentage of fault can be attributed to more than one party. If the accident is solely due to the negligence of another driver, that individual would most likely be responsible for damages.
All parties sharing the roadway have a duty of care to one another; therefore, the degree of fault each party contributes to the crash will depend on the severity of their breach to drive in a safe and reasonable manner. If the motorcyclist is 20% at fault for the crash, and the other driver is 80% at fault, the motorcyclist’s award would be reduced by 20%. For example, a car fails to yield to a motorcyclist who has the right of way and causes an accident.
If the motorcyclist is injured in the accident, the driver of the car may be liable for any related damages. If the motorcyclist did not have his helmet strapped on, he may be found to be comparatively negligent; therefore, the compensation to which he may be entitled would be reduced by his percentage of fault.
Parties which may be liable for a motorcycle accident include the motorcyclist, the driver of another car, pedestrians, the municipality in which the accident occurred, and bicyclists.
Causes of Tampa Motorcycle Accidents
Our attorneys handle accident claims involving, but not limited to the following:
- Changing lanes without looking
- Following a motorcyclist too closely
- Turning left into the path of a motorcyclist
- Failing to yield to the biker
- Using a cell phone while driving
- Collisions with fixed objects
- Improperly maintained roadways
- Pulling out in front of a motorcycle without enough time or space
- Failing to pay attention to the surroundings
Injuries and Compensation
Injuries: Serious injuries which can result from a motorcycle crash include road rash, fractured bones, burns, internal bleeding, disfigurement, amputation, brain damage, neck injuries, and spinal cord injuries. If a biker suffers an injury which they believe is due to another’s negligence, compensation may be available through a personal injury lawsuit.
Compensation: Economic damages and non-economic damages, which cover intangible losses, may be available to the injured party and/or their family. These damages include:
- Medical Expenses (hospital bills, rehabilitation, therapy, transport, and home care, etc.)
- Lost Wages
- Future Lost Wages
- Pain and Suffering (mental anguish, fear, anxiety, etc.)
Wrongful Death: If a motorcyclist is killed in an accident, their family may have the right to file a wrongful death suit against the party negligent in causing the crash. If the suit is successful, the family may be able to collect compensation for loss of consortium, mental anguish, and funeral costs.
If you are a motorcyclist who was injured in an accident, contact us today to learn about your available options. Complete the free case review form and your claim will be reviewed by an experienced Tampa motorcycle accident attorney, at no cost to you.