Motorcycles are exciting vehicles to operate. However, accident and injury statistics involving motorcycles can be discouraging. Motorcycle accidents involving other vehicles often result in serious injuries as well as fatalities. Motorcycle riders often come out of these accidents worse for wear since their bodies are fully exposed to the impact of the collision with the other vehicle and with the road. According to NHTSA, a motorcycle rider is 26 times more likely to get killed in an accident compared to drivers of passenger cars.
When another driver causes a motorcycle accident, it is possible to recover damages by filing a personal injury lawsuit or insurance claim against the other driver and his insurance company. Of course, in Florida, you also have to overcome the no-fault rules. This is where an experienced Florida motorcycle accident lawyer will help you.
How other drivers cause motorcycle accidents
Motorcycle accidents are often the result of driver negligence. Motorcycles are smaller than other vehicles on the road. They are therefore less conspicuous. Motorists who drive aggressively or carelessly are responsible for thousands of motorcycle accidents every year. Many of these accidents occur at intersections where the driver doesn’t see the motorcycle coming.
Some other common ways other drivers cause accidents include:
- Distracted driving e.g. texting or talking on the phone while driving
- Following motorcycles too closely (tailgating), therefore causing rear end accidents when the motorcycle stops suddenly.
- Changing lanes without using signals or checking to see if the road is clear and running into the motorcyclist.
- Driving under the influence of alcohol or drugs.
Proving Negligence in a Motorcycle Accidents
In order for the other driver to be held liable, it must be shown that he was negligent. It must be made clear that his negligence caused the collision and resulted in the injuries. You will need to prove that:
- The other driver had a duty of care toward the motorcyclists to act in a certain way (e.g., avoid texting while driving)
- The other driver violated traffic laws or otherwise acted negligently
- The other driver’s negligent actions caused the motorcycle accident
- The injuries and damages you have suffered resulted from the accident
Proving the four conditions above will make you eligible for compensation. The amount of your compensation will depend on a number of factors including:
- Your medical bills
- Fees for physical therapy or rehabilitation
- Lost wages and future income
- Pain and suffering
- Repair or replacement for your motorcycle
Proving liability however, requires more than your own testimony. You need to provide evidence to establish both liability and damages. This may include:
- Eye witness accounts
- Medical records
- Photos of the accident
- Surveillance footage at the scene of the accident
- Expert witness testimony
- Police reports
If you have been injured in a West Palm Beach motorcycle accident, find an experienced law firm today.