Motorcycles are extremely dangerous and can cause catastrophic injuries. Suffering from an injury could be an uphill battle. Along with the physical and emotional pain, the financial impacts that come with sustaining a serious injury could be overwhelming.
If you or a loved one were severely injured in a motorcycle accident due to the reckless actions of another, you might benefit from the assistance of a dedicated personal injury attorney. Pursuing relief alone could be a daunting task. A Seminole motorcycle accident lawyer could help you overcome the obstacles of pursuing a legal recovery.
Proving Negligence for a Crash
When a motorcycle crash occurs due to the negligent actions of another, the injured party may bring a personal injury lawsuit against the at-fault driver. Since Florida is a no-fault state, those injured in motorcycle accidents must meet a serious injury threshold. If a plaintiff meets the threshold, they may bring a negligence claim to recover economic and noneconomic damages.
Four elements must be proven to bring a successful negligence claim. First, the plaintiff must show that the defendant owed them a duty of care. All motorcyclists and drivers have a duty to act with reasonable care and to prevent unreasonable risk of harm to others they encounter. Second, the defendant must have breached their duty of care. Speeding, texting while driving, or running a red light would all be examples of breaching their duty of care.
Third, the defendant’s negligent acts have to be the proximate and actual cause of the plaintiff’s injuries. Put simply, the plaintiff’s injuries must be reasonably related to the defendant’s actions, and but for the defendant’s actions, they would not have suffered injuries. Finally, the plaintiff must have suffered harm that may be compensated by damages.
State Regulations on Motorcyclists
States enact specific motorcycle laws in order to protect motorcyclists and other drivers on the roadways. The State of Florida requires that motorcyclists use their headlights at night and during the day per Florida Statutes §316.405. The law continues to state that if a rider fails to use a headlight, and that failure is the proximate cause of the accident, it could be used as evidence to prove negligence.
Additionally, bikers must abide by the rules of the road. Traffic signals, stop signs, and speed limits apply to motorcyclists and drivers alike. Florida requires riders under the age of 21 to wear a helmet. In addition, motorcyclists may share the same lane with another motorcyclist, with a few exceptions. Per Florida Statutes §316.209, other drivers must allow bikers to have full access and use of a lane. Bikers may not ride between lanes.
Filing an Action for Motorcycle Accidents in Seminole
When an accident occurs, injured claimants may have limited time to file a lawsuit. These time limits are known as statutes of limitation. The purpose of a statute of limitations is to limit the potential liability that a defendant may have for their wrongful actions.
In the State of Florida, the statute of limitations for personal injury actions is four years. If a motorcycle accident plaintiff in Seminole fails to file on time, they may be unable to recover compensation from the negligent party.
Speak to a Seminole Motorcycle Accident Attorney Today
Motorcycle accidents have the potential to be very dangerous for everyone involved. While drivers have the potential to suffer great damages from accidents, bikers are even more vulnerable to suffering severe injuries.
It could be challenging to file a personal injury claim alone. It could take a tremendous amount of resources, effort, and experience to pursue a claim successfully. An experienced Seminole motorcycle accident lawyer could be there to help take on that effort and help you hold the negligent party accountable for their actions. To learn more about your options, call now for a consultation.
