While a car accident can be dangerous, a motorcycle accident can be even worse. There is far less protection on a motorcycle than there is riding in a car, and that can cause more damage when an accident occurs. Drivers of cars also sometimes have trouble seeing motorcycles, so there is more chance that a car will pull out in front of a motorcycle as opposed to another car. Motorcyclists should always pay attention to their surroundings and be aware of other vehicles so that they can anticipate problems. However, even the most diligent motorcyclist can be involved in an accident, through no fault of their own. If you’ve been injured in a motorcycle accident, you may have a claim for damages.
How Does Florida Law Affect Motorcycle Accident/Injury Claims?
Like other states, Florida has laws that affect motorcycle accident and injury claims. These are the same laws that govern cars and other vehicles. These laws are designed to protect those who ride motorcycles and to ensure that they can receive fair and just compensation if they are injured by the negligence of others. Just like the drivers of other vehicles, Motorcyclists need to obey the rules of the road to protect themselves as much as possible, and the reduce the chance that they are held at fault in an accident.
Liability and Damages
Determining liability is one of the most important things to be done in any accident. Florida is a comparative negligence state. If a motorcyclist is even partially at fault, the damages will be reduced by the percentage the motorcyclist is at fault. For example, if the motorcyclist is 50% at fault, the damages awarded by a jury would be reduced by 50%. For those who have been involved in a motorcycle accident where another driver is solely liable, there could be significant damages awarded. If you have been injured, you will naturally have damages related to that injury. Damages could include medical expenses in the past and future, lost wages or loss of ability to earn money, and pain and suffering damages.
Lost Earnings
A loss of earnings is one of the biggest issues that people face when they are injured in a motorcycle accident. How much your claim is worth can depend on what you did for a living, how long you are out of work, and whether you will be able to return to your former job and perform it at the same level you did before. You may lose a few days of earnings for a minor injury, or substantially more for a more significant problem.
Future Lost Earning Capacity
When you consider lost earnings, it’s also about what you will lose in the future. If your motorcycle accident was severe to the point that you cannot go back to your old job, or you will not be able to work full time, you could lose a lot of money over the course of time. Those future lost earnings can and should be recovered as damages, so you will have the opportunity to continue the lifestyle you had from a financial standpoint. No matter what kind of job you had, future lost earnings can be an important element of any damages claim.
Medical Expenses
The medical expenses from a motorcycle accident can be astronomical. Motorcycle injuries could be severe, and if they are you may need treatment and care for a long period of time. With that in mind, consider not just what you’re paying for medical care now, but how much you will need in the future to ensure adequate treatment for the best possible quality of life. Your attorney can help you with this concern.
Emotional Distress/Suffering
While not every motorcycle accident results in substantial emotional distress or suffering, serious accidents can and do cause these issues. If you need to seek help for emotional issues after an accident, or you are struggling with pain and other concerns, you should be compensated for that. Working with an attorney can help you determine what is fair and just in your particular case.
When you’ve been injured in a motorcycle accident and another party is at fault, seeking out the services of a competent attorney who can provide you with legal representation and advice is very important. You do not have to deal with a motorcycle accident alone.
