Florida is dubbed the Sunshine State for a reason. Its year-round beautiful weather attracts thousands of tourists and provides endless opportunities for motorcycle enthusiasts to hop on their bikes and catch some sun. However, one caveat to this is the increased risk of motorcycle accidents in the state.
In fact, statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that Florida has the highest number of motorcycle fatalities in the nation. Those who are lucky enough to survive these traumatic events are often left with debilitating, painful, and disabling injuries.
In order to move forward with your life, you will most likely need to retain a motorcycle accident attorney who can pursue a claim on your behalf for medical expenses, lost wages, pain and suffering, and more. Here is how your attorney will work to help you obtain the compensation you need.
Establishing Negligence in a Motorcycle Accident
Proving liability in a motorcycle accident case involves the same general process of doing so in any other type of personal injury case. Here are four elements of negligence that will need to be present to prove a party was at fault:
- Duty of Care. Someone owed you a duty of care, meaning they had a legal obligation to take steps to keep you safe.
- Breach of Duty. The person failed to uphold that duty of care in a way that a reasonable person would have under the same circumstances.
- Causation. This breach of duty caused your accident and resulting injuries.
- Damages. Lastly, you must show that you sustained damages as a result of the injuries, which may include medical expenses and lost wages.
Some common examples of parties that may be found to have acted with negligence in the event of a motorcycle accident include:
- Motorists
- Truck drivers
- Government agencies
- Motorcycle or parts manufacturers
Key Pieces of Evidence to Prove Negligence
You must begin collecting evidence immediately after the motorcycle accident. While one piece of evidence is often not enough to prove who was at fault, gathering several pieces of evidence can help your attorney retell the story of what happened, identify at-fault parties, and help you pursue compensation. Here are some key pieces of evidence:
Police Reports
Once a police officer arrives at the scene of your motorcycle accident, they will ensure all injury victims receive proper medical treatment, create a police report, and investigate the cause of the crash. The police report will contain vital information that can be used to recreate the accident, such as:
- The statements of all parties involved
- Witness statements
- License plate information, names, and contact information
- Apparent injuries of all parties
- Laws broken that could have contributed to the crash
- Estimated speeds of the motorcycle and cars involved
- The weather and road conditions at the time
Eyewitness Statements
Get all the contact information of all parties who witnessed the accident. Ask if you can have them write down what happened or if you can record them on your smartphone. People tend to forget details over time, so doing this immediately is vital. It’s best if it’s a neutral witness, instead of someone in the car who hit you or your own motorcycle passenger because this person has no stake in the outcome of your case.
Photographs and Videos
If you are able to, immediately take out your smartphone and snap photos and videos of the crash scene immediately after it happens. Take photos of everything, including the damage to your motorcycle and all vehicles involved. You should also capture any skid marks, road debris, road signs, and your injuries. If you are too injured to do this yourself, ask someone at the scene to do it for you.
Insurance Companies Are Biased Against Motorcyclists
Insurance companies are often biased against motorcycle riders who they view as reckless, dangerous, deviant, and having no regard for others on the road. Oftentimes, this bias results in the insurance company automatically putting an unfair portion of blame onto the motorcycle rider without even knowing the facts of the case. For instance, an adjuster may automatically assume that:
- The rider is inexperienced
- The rider was speeding
- The rider did not signal
- The rider was hard to spot
You shouldn’t be on the hook for your injuries just because you are harder to spot on your bike or because the insurance company unfairly views you as a danger on the road. When pursuing a motorcycle accident claim, you must have a tenacious attorney on your side who isn’t afraid to go up against the insurance company to ensure your rights are protected.
Protecting the Rights of Injured Motorcyclists
At Politis & Matovina, P.A., we are keenly aware that injured motorcyclists face unique challenges. Backed by a century of legal experience, our legal team will guide you through the claims process from start to finish to make your recovery as stress-free as possible.
To date, we recovered over $200 million on behalf of our clients, and you have our word we will fight hard to ensure you receive a favorable outcome, too. Likewise, if your loved one was killed in a motorcycle accident, our compassionate attorneys are here to stand by your side and fight for the justice that your family deserves.
Contact our Daytona Beach motorcycle accident attorneys at (386) 333-6613 to get started with your no-fee, no-obligation consultations.