Even if you wear a helmet as well as other appropriate safety gear and act as responsibly as possible, riding a motorcycle can still be very dangerous if someone else around you fails to act responsibly themselves. Even worse, filing suit against a reckless or careless driver who injured you through this type of wreck can be challenging, thanks largely to stereotypes about thrill-seeking motorcyclists that some civil judges and juries may genuinely believe.
Put simply, if you want to get paid fairly for the harm you unfairly sustained in a crash while on your motorcycle, you will almost certainly need help from a committed personal injury attorney who is not afraid to go to trial on your behalf and fight tenaciously to enforce your rights. With a Gibsonton motorcycle accident lawyer from Distasio Law Firm on your side, you could more effectively demand fair compensation while also navigating around common legal and procedural roadblocks.
Important Evidence in a Motorcycle Crash Claim
Whether you are operating a motorcycle, driving a commuter car or SUV, or even behind the wheel of a massive semi-truck, you have the same “duty of care” as everyone else on the road requiring you to follow the law, keep your focus solely on driving, and react in reasonable ways to any hazard or obstacle you encounter. Someone who violates this duty by acting recklessly, carelessly, or illegally and causes a collision as a direct result is legally “negligent” and, based on that negligence, can be held financially liable for any resulting injuries or losses.
Proving someone else caused your motorcycle crash through negligence can require evidence from numerous sources, including:
- The report created by police officers who responded to the accident
- Testimony from eyewitnesses
- Debris and photos from the accident scene
- Dashboard or helmet camera footage
- Input from experts in accident reconstruction
A seasoned Gibsonton motorcycle accident attorney’s assistance could be key to hunting down vital evidence, preserving and compiling it efficiently, and working it into a comprehensive lawsuit or settlement demand.
How Comparative Fault Could Affect Civil Recovery
A successful civil claim over a motorcycle crash can allow recovery for both economic and non-economic forms of harm, ranging from medical bills and lost work income to long-term physical and psychological suffering. However, if the court decides that you—the injured motorcyclist—hold some fault for your injuries based on your own negligent behavior, the court may end up reducing the total compensation you can receive from a verdict in your favor.
Specifically, Florida Statutes § 768.81 allows courts to reduce recoverable damages in proportion to the share of total fault a plaintiff holds for causing their own accident. While Florida, fortunately, differs from many other states in not barring people who are mostly to blame for their own injuries from recovering any compensation at all, contesting allegations along these lines with the help of a skilled Gibsonton lawyer can still be essential to collecting a comprehensive damages award from a motorcycle accident claim.
Get In Touch with a Gibsonton Motorcycle Accident Attorney
Motorcycle wrecks cause thousands of serious injuries across Florida each year, many of which could have been avoided entirely but for one person’s irresponsible actions. Anyone who caused you harm in this way can and should be held liable for their misconduct, but doing so effectively can be exceptionally difficult if you try to pursue a civil claim on your own.
Representation from a Gibsonton motorcycle accident lawyer at Distasio Law Firm, such as Scott Distasio, could tip the odds of getting a successful case result in your favor. Learn more by calling today.