When a motorcyclist is struck on his or her bike, the outcome may be devastating even if the accident occurred at low speeds. Unlike people riding in cars, a motorcyclist is mostly unprotected against the force of a collision. While a helmet and heavy jacket may be helpful, they cannot fully protect against the catastrophic injuries that may occur on the highway or in a collision with a much larger vehicle. At the Martin Law Firm, our attorneys understand motorcycle culture and compassionately assist people hurt in these accidents as if they were part of our family. Led by the husband and wife team of Steven and Eviana Martin, our Cape Coral and Fort Myers motorcycle accident lawyers represent victims who have been struck by careless drivers. Our injury attorneys are ready to work diligently in pursuing compensation from a driver whose carelessness has harmed you.Holding a Negligent Driver Liable for Damages
Many motorcycle accidents occur because the driver of a car or truck was not paying attention and failed to properly share the road with a smaller vehicle. Drivers of passenger cars or trucks may be fatigued, texting while driving, speeding recklessly, impaired by alcohol or drugs, or simply not paying attention. The result of a moment's inattention can be catastrophic or even tragically fatal for a motorcyclist.
In most cases, accident victims must prove the elements of negligence to recover compensation for their injuries. This means that they will need to establish that the defendant owed a duty of care, the defendant breached this duty, the breach directly and foreseeably caused the plaintiff's injuries, and the plaintiff incurred actual damages.
Each person is expected to handle a vehicle with reasonable care and refrain from creating unnecessary risks of harm for those around them. If someone fails to meet this standard, such as by running a red light or failing to signal before changing lanes, the breach element likely would be satisfied. The accident victim then would need to show that he or she would not have been hurt if the defendant had not acted carelessly.
Florida follows the doctrine of pure comparative negligence. This means that a victim may be able to receive damages even if he or she was partly at fault for causing a crash. Any damages award would be proportional to the degree of liability associated with the defendant. For example, a driver who was 80% responsible for a crash that caused $200,000 in costs and losses probably would be liable to the victim for $160,000.
Compensation that may be recovered in a motorcycle accident case typically includes both economic and noneconomic damages. Economic damages consist of tangible, documented losses such as lost wages, medical bills, and household services. Noneconomic damages may include more subjective elements like pain and suffering, emotional anguish, scarring and disfigurement, and loss of consortium.
Some motorcycle accidents result in an untimely loss of life. Through the personal representative of the victim’s estate, a motorcyclist's family can potentially recover certain damages such as medical expenses, loss of support and guidance, and lost income by filing a wrongful death lawsuit.Consult a Motorcycle Accident Lawyer in Fort Myers or Cape Coral
At the Martin Law Firm, we gain great satisfaction from helping injured individuals assert their rights and get their lives back on track after a devastating accident. Our Fort Myers and Cape Coral motorcycle accident attorneys can advise you at each stage of the legal process. Our personal injury and wrongful death lawyers exclusively represent ordinary people rather than businesses. Our firm also maintain offices in Naples, Tampa, and Miami, from which we can assist accident victims throughout South Florida. Call us toll-free at 844-465-4357 or use our online form to set up a consultation.