Riding a motorcycle can give bikers an unparalleled sense of freedom and mobility. Many people make this choice to save money on gas, to shorten a commute, or to simply enjoy the experience.
Sadly, collisions and other interactions with other vehicles can lead to devastating accidents that result in debilitating injuries. Even though motorcyclists accept a certain amount of risk by riding, the law says that they have the same rights to demand compensation from at-fault defendants as all other injured travelers.
A dedicated personal injury attorney could take the lead in claims that demand compensation from negligent drivers. These claims are able to seek payments for the costs of medical treatment, compensation for lost quality of life, and reimbursement for lost earnings. An Orlando motorcycle accident lawyer could help to demonstrate that, but for the negligence of another driver, the incident would not have occurred.
When is Another Party Responsible for a Motorcycle Crash?
Every driver in Orlando assumes a legal duty whenever they get behind the wheel. This duty obligates them to operate their vehicles in a way that does not place any other person at an unnecessary risk of harm. This duty extends to all other people regardless of their mode of transportation.
Injured bikers always have the obligation to prove that a defendant’s actions were the cause of the incident. This includes proving that a defendant was speeding or tailgating. Other claims allege that a defendant’s sudden movements forced the biker to make a sudden turn resulting in a loss of control. In fact, many motorcycle accident claims do not even involve direct contact between a motorcycle and another vehicle.
An Orlando motorcycle accident attorney could help to build a negligence case against another party. Legal professionals could evaluate how the incident has affected a biker’s life and demand the compensation needed to set things right.
Motorcycle Accidents and the Concept of Assumption of Risk
Many people think that bikers are participating in a known dangerous activity. As a result, they may believe that an injured biker is responsible for their own losses as a consequence of making the choice of riding. This can lead defendants to argue that a biker’s losses were only as serious as they were because of this voluntary decision.
As a result, defendants may raise the defense of comparative fault. According to Florida Statutes §768.81, courts must evaluate the actions of all parties to a negligence claim to assign fault, even the plaintiff. Defendants could argue that if a biker was not wearing a helmet or was violating a rule of the road in their own right, that the plaintiff is not entitled to compensation.
An Orlando motorcycle accident attorney recognizes that this is a problem in many motorcycle accident cases. However, they also understand that defendants should not be able to fully pass the blame onto a motorcyclist purely because that plaintiff was on a bike. An attorney could help to prevent this shifting of blame that could limit or even negate a claim for damages.
Let an Orlando Motorcycle Accident Lawyer Fight for the Claim
Every person who suffers injuries because of the negligence of another deserves to receive compensation. This includes motorcycle riders who are involved in collisions or other incidents that result in losses. The fact that a plaintiff was on a motorcycle may complicate a claim, but is by no means a bar to recovery.
An Orlando motorcycle accident lawyer is prepared to take the lead in your claim. Attorneys could work to gather evidence that names a defendant driver as the sole liable party. They could also help to evaluate how the incident has affected your life and to demand the compensation that is needed to set things right. There is a time limit of four years after the crash to demand payment, so contact an Orlando motorcycle accident lawyer today to give yourself the best chance for success.