In most cases, both parties involved in a motorcycle accident might have played a role in causing the accident. This is why it can be challenging to determine who is at fault.
In Florida, a motorcycle rider who gets injured in an accident can file for compensation. Even if you were partially at fault, you could file for compensation. Below is vital information you need to know to help you make informed decisions when you get injured in a motorcycle accident in Florida.
Proving the At-Fault Party in a Motorcycle Accident
A motorcycle accident can occur because of negligence from one or more parties. The accident might have happened because of speeding, drunk driving, texting while driving, or failure to obey traffic rules.
If you decide to file a lawsuit, you must prove the other party’s negligence. Negligence means that the other party’s behavior caused the accident.
If you do not provide concrete evidence, you may not get your compensation. This can be a challenging task, and you may want to get help from an experienced lawyer such as Stevenson Klotz Injury Lawyers.
Courts in Florida determine the at-fault party using the “totality of the circumstances.” This means that the court considers various factors that could have caused the accident instead of focusing on one side of the claim.
The jury may assign a certain percentage of the claim to the involved parties, where each person is responsible for the portion of the damages they caused. For instance, if you contributed to 10% of the accident and the other party contributed to 90%, you will recover 90% of the damage. This is called comparative negligence.
An experienced lawyer such as Stevenson Klotz Injury Lawyers can help you handle the process by gathering concrete evidence to file a strong case.
Elements of a Negligence Claim
You must prove several things to the court when filing a lawsuit against the at-fault party.
- You must prove that the other party failed to exercise caution.
- You must prove that the other party’s behavior caused the accident.
- You show the injuries and damage suffered due to the defendants’ carelessness.
- You must also present medical records showing the treatment received after the accident.
This is why it is always best to collect concrete evidence once you get involved in a motorcycle accident. Note the other driver’s contact number, motorcycle tag number, insurance details, location, date, time, injuries and damage suffered, photographs, and statements from witnesses.
Contact a Pensacola Motorcycle Accident Lawyer Today
Handling motorcycle accident lawsuits can be challenging if you lack legal expertise. Get in touch with us today, and let us initiate a seamless compensation process for you.
What happens if I hit a motorcyclist?
If the other motorcyclist proves that you caused the accident, you can be liable for the damage and injuries.
Can I file for compensation if I was speeding?
Speeding doesn’t rule out your ability to file for compensation for your damages and injuries. The court may analyze the circumstances and determine how the speeding contributed to the accident.
Do I still file for compensation if I didn’t have a helmet?
If you’re younger than 21years in Florida, you must wear a helmet. Anyone above 20 years does not need a helmet but is required to carry certain motorcycle insurance.
Following graduation from Cumberland School of Law at Samford University, Eric Stevenson held a number of positions including Assistant State Attorney in the First Judicial Circuit of Florida. Eric has been practicing with partner Christopher Klotz since 2015 litigating personal injury and car accidents in Alabama and Florida.