Taking effective legal action over any traffic accident can be a complicated and time-consuming endeavor due to the restrictions Florida state law places on these types of civil claims. When you get hurt in a wreck while riding a motorcycle, you may have to contend not only with obstacles put in your way by state law but also with biases held by insurance companies and civil court authorities about the reckless and thrill-seeking tendencies of motorcyclists.
Guidance from an experienced personal injury attorney could be necessary for overcoming both kinds of procedural roadblocks. No matter how your accident happened or what specific losses you need to seek financial restitution for you, a Coral Gables motorcycle accident lawyer from Shirazi and D’Escoubet Law Group could work tirelessly to enforce your rights and ensure your case has a favorable resolution.
While Florida state law requires all commuter car operators to purchase a minimum amount of personal injury protection insurance from which they can seek compensation in the event of a crash, the law does not place the same requirements on motorcycle riders. Unfortunately, this means that motorcycle riders often do not have access to the same insurance benefits as other types of drivers, and they may not have standing to file suit over their accident unless it directly led to a severe injury.
Even if a motorcyclist has a legal right to sue someone else over a wreck, they will not be able to compel that other person or their insurance company to pay for their wreck-related losses unless they can prove that the other person directly caused the accident. Establishing negligence in this way through a preponderance of available evidence is one of many things a Coral Gables motorcycle collision attorney could provide irreplaceable assistance with during this time.
Unfortunately, both members of the public and civil court judges often tend to assume motorcyclists are more likely to act negligently on the road than other drivers. People who cause crashes involving motorcyclists are usually happy to take advantage of that prejudice during civil proceedings against them. This usually manifests as accusations of comparative fault, which are allegations that a motorcyclist is partly at fault for causing their injuries because they were reckless or careless while riding.
As per Florida Statutes § 768.81, any percentage of comparative fault assigned to an injured person by a court will result in a proportional reduction from the value of their final damage award. While Florida’s pure comparative fault approach to this legal principle means there is no amount of fault other than 100 percent that completely bars an injured person from seeking at least some compensation, this is still a significant obstacle to many motorcycle accident claims in Coral Gables that a seasoned lawyer could assist with navigating.
Motorcyclists are uniquely vulnerable to sustaining severe injuries in traffic accidents that were not their fault. However, you have help from a Coral Gables motorcycle accident lawyer who understands how upsetting this kind of experience can be and knows through years of experience how to fight and win claims.
Contacting our well-versed lawyers should be a top priority for anyone injured while riding due to a wreck caused by someone else’s negligence. Call today to set up a consultation meeting to discuss your potential claim.
(786) 518-3668