There are few experiences more thrilling than a motorcycle ride with the wind at your back and the Florida sunshine on your face. Yet when there is an accident, the lack of protective enclosures provided by cars can lead to serious injuries.
According to data from the NHTSA, the number of deaths on motorcycles is around 27 times greater than those in automobiles. Also, the age of riders has been slowly increasing, with the average age of a motorcycle owner currently at 50 years old. Mature riders may be at a larger risk of injury in a motorcycle accident because their bodies may respond more harshly to an impact or fall.
At Tonya Stewart Law PA, I am well-informed about these changes in rider statistics and their implications in a personal injury lawsuit. I serve clients in Lake Wales and Lakeland, as well as Winter Haven, Davenport, and Haines City.
Motorcycle accidents can be more complex than an ordinary car crash. Motorcycle accidents have unique considerations such as:
Who was at fault? (i.e. Was the driver of the car driving distracted?)
Was the motorcyclist adhering to safety laws?
How do these ideas affect a case or your potential to recover compensation?
Whether you are a motorcyclist who was hit by a driver or a motorist who crashed into a motorcycle, it is important to hire a lawyer who has experience with such accidents. Attorneys who have handled numerous accident cases involving motorcycles are able to better strategize a case for a client.
After a motorcycle accident, generally, the parties involved want to blame the other person. Several factors may help to determine liability in a motorcycle accident.
Florida courts follow rules of pure comparative negligence. This means that a motorcyclist’s compensation can be reduced by the amount that they were at fault for their own harm. For example, if the at-fault driver is 80% liable and the victim is 20% liable, the at-fault driver will pay for 80% of the damages and the victim will be responsible for covering their own 20%. An injured party may be found to be partially at fault for the following reasons:
Failure to obey the rules of the road
Lack of required safety equipment
Another consideration in determining liability is whether the title-owner of the motorcycle themselves was driving. Many times, the owner of the motorcycle will allow someone else to use their bike. This could affect the outcome of liability.
After a motorcycle accident, there can be claims for both property damage and personal injuries. This means that a crash victim may need to repair or replace their motorcycle, as well as tend to their bodily harms.
My team and I at Tonya Stewart Law PA are experienced with investigating the accident, analyzing property damage estimates, and referring clients for medical treatment. I can negotiate with your insurance company and provide advice on your next steps. My office is conveniently located in the Lake Wales area.
Standing up to large insurance companies who are only focused on the bottom line is often difficult and intimidating. I will use my years of experience and knowledge to help you fight for fair compensation. If you were involved in a motorcycle accident in Florida, contact Tonya Stewart Law PA. I will guide you through the claims process and discuss your next steps. My offices are in the vicinity of Lake Wales, Lakeland, Winter Haven, Davenport, and Haines City.