If you suffered injuries in a motorcycle accident, you could be entitled to pursue a monetary award from the driver that caused the crash. Given the potential severity of a motorcycle accident, this award could be substantial.
There are safety risks that come with riding a motorcycle that individuals traveling in passenger vehicles will not face. Collisions are especially dangerous for motorcyclists, given the limited protection these vehicles offer. If you have suffered injuries in a motorcycle crash, a motorcycle accident lawyer in Cocoa from our firm may be able to help you pursue a personal injury case.
Pursuing a Negligence Claim
Florida residents that are injured in passenger vehicles accidents have to contend with the fact that Florida is a “no-fault” state. Under no-fault rules, anyone involved in a car crash must typically seek compensation through their own insurance company before pursuing legal action against the negligent party.
This could limit the amount of compensation available in those cases. Thankfully for riders injured in motorcycle accidents, these no-fault limitations do not apply according to Florida Statutes § 324.021.
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Our Team Can Prove Negligence
There are four elements of negligence under state law: duty, breach, causation, and damages. We can prove all of these elements to secure compensation for your losses.
Every motorcycle accident injury case starts with a duty of care. The duty of care is a necessary element, as a defendant is not liable for damages when they did not owe the injured party a duty. While the duty of care is litigated in some types of injury cases, it is usually not an issue for a motorcycle accident case. This is because riders and motorists alike owe one another a duty to drive safely.
Once a duty of care is established, the next step requires a plaintiff to prove the other party breached that duty. Breaching the duty of care can involve a careless, reckless, or even intentional act that causes another person harm.
When it comes to motorcycle accidents, the breached duty of care usually involves a traffic violation by the other party in the crash. Some examples could include aggressive, speeding, or intoxicated driving.
The injuries you suffer in a motorcycle accident must be linked to another party’s negligence in order for you to recover compensation. Causation must directly tie your injuries to another person’s breached duty of care. This element of negligence exists to ensure the defendant is only liable for the harm they cause.
Proving damages is the final step in establishing negligence. Any measurable loss could be evidence of damages following a car accident. This could include physical, emotional, or financial harm.
Cocoa Motorcycle Accident Lawyer Near Me 855-686-6752
Available Damages Following a Motorcycle Crash
If you were hurt in a motorcycle crash, there could be numerous types of compensation you are entitled to recover. These damages could go beyond your out-of-pocket expenses by providing for your physical and emotional losses as well.
Given the severity of many motorcycle accident injuries, the cost of medical treatment is often a top concern for anyone involved in a crash. A rider could require more than just emergency medical intervention immediately after an accident. Many serious injuries necessitate ongoing, long-term care. The cost of this medical care could be recovered through a personal injury lawsuit.
Motorcycle Repair Bills
You might also be entitled to recover compensation based on the damage to your motorcycle. Even relatively minor accidents could lead to thousands of dollars in repair costs. You could pursue compensation based on the cost of repairing or replacing your damaged motorcycle.
One of the biggest challenges for many people injured in motorcycle accidents is the sudden loss of income. A rider who is too hurt to return to work could miss out on multiple paychecks while they recover. It could be possible to recover compensation for past as well as future lost wages related to a motorcycle accident injury.
Pain and Suffering
One of the more subjective forms of compensation involves your physical pain and suffering. While every person experiences pain differently, juries routinely award monetary compensation for the suffering riders experience due to motorcycle accidents.
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Why Motorcycle Accidents Lead to Severe Injuries
There is no question that the injuries that result from motorcycle accidents are often severe. According to Florida Highway Safety and Motor Vehicles (FLHSMV), nearly 8,000 people in Florida suffered injuries in motorcycle accidents in 2018 alone.
The severity of these injuries is directly linked to the lack of protection motorcycles offer. Unlike passenger cars, motorcycles do not offer airbags or other impact-absorbing technology. When a motorcycle strikes a fixed object or another vehicle, its rider often suffers the brunt of the impact. This is true not only of the impact with the other object but also from striking the ground after being thrown from the motorcycle.
Common Injuries in Motorcycle Accidents
One important factor regarding the severity of a motorcycle accident injury is which part of the body absorbed the impact. While injuries to any body part could be serious, head and neck trauma are especially dangerous. Some of the serious injuries that could stem from a motorcycle crash include:
- Fractured skulls
- Broken necks
- Spinal cord damage
- Traumatic brain injuries
- Compound fractures
- Internal bleeding
- Severe burns
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You Could Recover Compensation Following a Motorcycle Accident
The days and weeks following a motorcycle accident are rarely easy. Focusing on your physical recovery can be difficult when you are suddenly overwhelmed by unexpected medical bills. The financial strain that is common after an accident can be compounded when you are unable to earn a living due to your injuries.
The personal injury attorneys of Bogin, Munns & Munns understand the challenges that come with motorcycle accidents. Our team is ready to help you fight for the compensation you deserve. To learn more about how our motorcycle accident lawyer in Cocoa could help, call (321) 633-3208 for your free consultation.