Motorcycles are popular in Lakeside and throughout Florida, and it is vital for every rider to know the risks they face on the road and what they should do after an accident. Motorcycle accidents are only less common than standard passenger vehicle crashes because there are fewer motorcycles on the road than standard cars. These accidents happen for many of the same reasons that all other vehicle crashes occur, but they often result in far worse damages.
If you or a loved one suffered injuries in a motorcycle accident in Lakeside, Florida’s no-fault rule dictates that you must file a claim against your own auto insurance to recover your losses. This may seem like a barrier to recovery if your damages exceed the scope of your insurance coverage, but this is not necessarily true. State law allows you to file a personal injury claim against the at-fault driver if you suffered severe injuries and your insurance cannot fully compensate your losses.
Ultimately, any motorcycle accident has the potential to evolve into a complex legal battle, and it is vital to have legal counsel you can trust on your side during your recovery efforts. Spohrer Dodd Trial Attorneys is an experienced team of attorneys with an excellent record of many successful personal injury cases. We are committed to client-focused legal counsel in every case we accept. If you need help recovering from your recent accident, we are standing by to assist you.
Florida’s no-fault rule for vehicle crashes only means that you must file a claim against your own insurance after an accident, regardless of who caused the accident. This rule does not prevent you from filing a personal injury claim against an at-fault driver if you suffered severe injuries and your insurance cannot fully compensate your damages. If you believe that you meet these criteria, the first major legal challenge you will face in your recovery efforts is proving the exact cause of your motorcycle accident and identifying the driver or drivers responsible for causing it.
Most personal injury cases filed in Florida arise from acts of negligence, or failure to exercise reasonable care in specific situations. Negligence takes many forms, and a few of the most common examples of negligence that can cause serious vehicle accidents in Lakeside include distracted driving, moving violations, and speeding. Successfully proving fault for an accident arising from negligence means proving that the defendant had a duty of care, which they failed to fulfill, directly causing your claimed damages as a result.
Alternatively, motorcycle accidents may also happen due to intentional and illegal misconduct. Driving under the influence (DUI) of alcohol or drugs is the most common example of this. If the defendant in your case broke the law when causing your injury, they face criminal prosecution from the state and enhanced penalties in sentencing, alongside their liability for your civil damages. Your Lakeside motorcycle accident attorney can explain how the illegal nature of the defendant’s actions may impact your recovery efforts and final compensation.
Once you recover as much compensation as your insurance can provide, and you have identified the driver responsible for your motorcycle accident, you can proceed with filing your personal injury claim, seeking compensation for any losses that your insurance couldn’t cover. Under Florida’s personal injury laws, you have the right to claim compensation for:
It is also possible for comparative liability to reduce your final case award if the facts show that you bear partial responsibility for causing the motorcycle accident in question. Florida recently adopted a modified comparative fault rule, stating that a plaintiff can only recover compensation if they are less than 50% at fault for their damages. When a plaintiff’s fault is 50% or more, they can no longer seek compensation from the defendant and will be personally responsible for their own damages.
Ultimately, any motorcycle accident has the potential to lead to a complex series of legal proceedings, and having a seasoned attorney on your side is the optimal way to enhance all the recovery efforts you pursue in the aftermath of your accident. Spohrer Dodd Trial Attorneys has years of successful cases behind us because we take time to learn each client’s unique story. We can then provide them with compassionate and meticulous legal support through all stages of their cases. If you need professional legal assistance with an impending motorcycle accident case in Lakeside, we are ready to help you and do everything we can to maximize your recovery.
A: It is crucial to seek medical attention immediately after any motorcycle accident, even if you think you only suffered minor injuries. After first responders arrive and the police allow you to leave, seek medical care immediately before contacting an experienced Lakeside motorcycle accident attorney. They can help you with the auto insurance claim-filing process and build a personal injury claim against the driver who caused your accident.
A: If you cannot fully recover all your damages from an auto insurance claim in Lakeside, you will need to build a personal injury case against the driver who caused your accident. Florida’s no-fault rule still allows you to file a personal injury claim as long as you suffered severe injuries, and your damages exceed the available insurance coverage. The total value of your personal injury claim depends on the scope and severity of the damages you suffered from the incident in question.
A: If your family member died in a recent motorcycle accident, you have the right to file a wrongful death claim against whoever caused the accident. This type of civil claim is similar to a personal injury claim and effectively replaces the personal injury claim the victim could have filed if they survived their accident. Florida law restricts the right to file a wrongful death claim to the personal representative of the deceased’s estate.
A: Although it is technically possible to file a motorcycle accident claim without legal representation, this would be very risky and more difficult than the average person may expect. Without legal counsel, you would be compelled to meet the procedural requirements of your case while also struggling with the damages of your accident unassisted. By hiring a Lakeside motorcycle accident attorney, you can approach the case with confidence. Not only could you be more likely to succeed with the claim, but you could also maximize your compensation.
A: Spohrer Dodd Trial Attorneys can take your motorcycle accident case on contingency, meaning you will only pay a fee if we win your case. Additionally, the contingency fee is a percentage of the total compensation we secure on your behalf. This billing policy ensures that our client does not pay more for legal counsel than they win in compensation for their damages, and there is no fee at all if our team is unable to win a case award on your behalf for any reason.
An experienced Lakeside motorcycle accident attorney is an invaluable asset no matter what your case entails. The lawyers at Spohrer Dodd Trial Attorneys have successfully helped many past clients overcome a wide range of difficult civil cases, including those pertaining to motorcycle accidents. When you need legal counsel you can trust to guide you through the aftermath of this kind of damaging incident, we are ready to assist you. Contact Spohrer Dodd Trial Attorneys today to schedule a consultation with a Lakeside motorcycle injury lawyer and learn how we can empower your recovery efforts.