Knowledgeable Motorcycle Accident Lawyers in Fort Walton, FL
If you’ve been injured in a motorcycle accident due to the fault of another party, then Florida law may entitle you to sue and recover damages. Motorcycle accident cases may involve unique opportunities and challenges, however, and it’s worth exploring these unique elements to better understand how your case may progress over the course of litigation.
Let’s take a closer look at some of the common challenges that plaintiffs are likely to face in a motorcycle accident dispute.
Severe Injury and Fatality Risks
According to the National Highway Traffic Safety Administration, motorcyclists are at higher risk of suffering a severe injury — or even death — in the event of an accident.
This makes sense. Motorcyclists have no protective buffer of material when they are involved in an accident (unlike, say, a car, where there is material between occupants and the outside that can absorb the force of impact). As a result, motorcyclists bear the full force of an impact in a collision. This can lead to severe injuries or death in a collision that would have otherwise been survivable for the occupants of a car or truck.
Due to the severity of motorcycle accident injuries, litigating the case may become difficult by virtue of identifying defendants who have the insurance coverage (or personal assets) necessary to cover the losses.
Contributory Negligence Concerns
Unfortunately, motorcyclists have a reputation as daredevils and risk-takers. As such, the defendant is very likely to attempt to argue that you — the motorcyclist — were at least partially at-fault for your own injuries. They may point to the possibility that you split a lane, or they may attempt to paint you as having been reckless.
If you contributed to the accident by virtue of your own negligence, Florida law does not prevent you from recovering — but it may reduce your overall damages recovery by the percentage of fault that you contributed. For example, if a judge finds you 10 percent at-fault, then your $100,000 damage recovery will be reduced to $90,000.
Drivers May Not Notice Motorcyclists
Drivers often do not expect to encounter motorcyclists on the roadways, and therefore are not “primed” to notice them. This can lead to accidental collisions in situations where the motorcyclist is not doing anything wrong or risky — through no fault of their own, they are put in danger by drivers who cannot pay sufficient attention.
Motorcyclists can limit this danger by riding extra-cautiously, by making themselves “visible” to drivers through the use of the horn (or by ensuring that there is enough space for drivers to see them well ahead of time when maneuvering, such as when changing lanes).
Contact the Fort Walton Motorcycle Accident Lawyers at Powell Law Firm for Legal Assistance
Powell Law Firm is a Florida personal injury firm founded nearly seven decades ago. Over the years, we have successfully represented numerous plaintiffs, helping them in a wide range of disputes, including motorcycle accident cases.
We believe that our experience — and our willingness and ability to take a case to trial — helps us to effectively secure compensation for our clients. Thanks to our litigation-readiness, we often have the leverage necessary to push for an early and favorable settlement.
If you’d like to speak to one of our experienced Fort Walton motorcycle accident lawyers, call us at 850-682-2757 or send us a message online to schedule a free and confidential consultation today.