Pinecrest Motorcycle Accident Lawyer
Usually, a motorcycle wreck is the beginning of a downward spiral that seems endless. Since motorcycle raiders are almost completely unprotected in these situations, they usually sustain catastrophic (life-threatening) injuries. As they struggle to recover, unpaid medical bills pile up that, since the victim is usually unable to work, there’s no way to pay. All the while insurance adjusters call constantly, making settlement offers that may or may not be fair.
The Pinecrest motorcycle accident lawyer at Spencer Morgan Law reverses this downward spiral. We connect victims with experienced doctors who know how to handle motorcycle crash injuries and, in most cases, charge nothing upfront for their professional services. While they do their work, we do our work. We prepare a solid case that helps us obtain maximum compensation for your serious injuries.
Pinecrest Motorcycle Accident Lawyers and Establishing Liability
Driver error causes about 98 percent of the motorcycle wrecks in Florida. Left-turn wrecks, which account for about a third of all motorcycle accidents, are a good example.
Typically, a tortfeasor (negligent driver) is waiting to make an unprotected left turn against traffic. The tortfeasor doesn’t see an approaching motorcycle, turns anyway, and quickly accelerates directly into the rider’s path.
These wrecks violate a motoris’s duty of care in several respects. The tortfeasor didn’t maintain a proper lookout and didn’t yield the right of way. These wrecks also give rise to the myth that motorcycle riders operate dangerously and zig-zag in and out of traffic. More on that below.
If negligence substantially caused injury, a Pinecrest motorcycle accident lawyer can obtain compensation in court.
There’s a difference between a substantial cause and a contributing cause. In a left-turn wreck, a dark sky might contribute to a left-turn wreck, because it’s harder to see motorcycles. However, the tortfeasor’s dual negligence, as outlined above, substantially caused the crash.
Compensation in a motorcycle accident claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Possible Defenses
Left-turn wrecks are very complex, partially because they could involve three insurance company defenses, last clear chance, comparative fault, and assumption of the risk.
Last clear chance could shift all the blame for an accident from the tortfeasor to the victim in a head-on crash or left-turn motorcycle wreck. All drivers have a duty of care at all times. If they realize that an accident is iminent, and they can avoid that crash by changing lanes or speeds, they are responsible for damages, even though they did nothing wrong.
This defense is subject to environmental, traffic, and other conditions, especially with regard to motorcycle wrecks. Usually, if riders make sudden moves on their bikes, they lose control of them. That loss of control usually causes a worse wreck than the one they might have prevented.
Comparative fault shifts parts of the blame. For example, if the tortfeasor turned illegally and the victim was speeding, the jury must divide fault between them on a percentage basis.
Florida is a pure comparative fault state. So, even if a victim was 99 percent responsible for a wreck, the tortfeasor is still responsible for a proportionate share of damages. A third party, like the tortfeasor’s employer, might be financially responsible for damages in some cases.
Assumption of the risk is a voluntary assumption of a known risk. So, if a rider doesn’t wear a helmet, the court could reduce the victim’s damages, based on the evidence presented.
Work With a Savvy Miami-Dade County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Pinecrest motorcycle accident lawyer, contact Spencer G. Morgan, Attorney at Law. We do not charge upfront legal fees in these matters.