Florida roads are often fraught with dangers that could potentially be the source of a serious accident, leaving you with injuries that were not your fault and bills you do not know how to pay. In these kinds of circumstances, a dedicated Kenneth City motorcycle accident lawyer could be the help you need to seek relief. A local personal injury attorney could go over all your legal options and help you pursue the best one for your circumstances. Whether it entails filing a lawsuit to take to civil court or pursuing a private settlement out of court, having an experienced attorney at your side could make the difference in your case.
Assigning and Avoiding Civil Fault in Kenneth City
In order to file suit and collect damages after a motorcycle accident, a prospective civil plaintiff must identify at least one defendant and prove them to be civilly liable based on a preponderance of available evidence. Usually, these cases are based on negligence which requires that:
- The defendant owed the plaintiff an implicit or explicit duty of care
- By virtue of some reckless or careless action, the defendant breached their duty of care
- The defendant’s breach of duty caused the accident in question
- The accident led directly to the injuries the plaintiff is filing suit over
In a case based on a motorcycle accident, the most common defendant is another driver who crashed into the biker filing suit because they were speeding, distracted, intoxicated, or negligent in some other way. However, it can be just as important for plaintiffs to prove that they themselves are not liable as they may otherwise have to share responsibility and see their damages reduced.
Under Florida Statutes, anyone found to bear some degree of liability for an accident they are filing suit over may have whatever damage award they receive reduced by the court hearing their case in proportion to their degree of fault. Comparative fault can come in varied and sometimes innocuous forms. Even though Florida state law does not require adult motorcycle operators to wear helmets if they have more than $10,000 of medical insurance coverage, a defendant might argue that a plaintiff’s failure to wear a helmet contributed partially to the injuries they suffered.
Potential Limitations to Filing a Motorbike Crash Claim
Anyone seeking to file civil suit in Kenneth City over any kind of roadway accident should know that Florida is a no-fault insurance state meaning that victims must seek recovery through their own insurance first rather than filing suit against another party. Within this system, a lawsuit can only be filed under specific circumstances and non-economic damages typically cannot be recovered through an insurance settlement.
Additionally, all civil injury suits in Florida must adhere to a statute of limitations. All lawsuits based on negligence in Kenneth City must be filed by either the plaintiff or their motorcycle accident lawyer within four years of the incident or the case may be thrown out and recovery made impossible.
Consult a Kenneth City Motorcycle Accident Attorney Today
It is hard to know what to do after a motorcycle accident, especially if you are also suffering from serious injuries. Fortunately, a knowledgeable Kenneth City motorcycle accident lawyer could help you navigate this system, work with you to construct a strong case, and pursue the compensation you need and deserve. To learn more about your legal options, call today.
