If you’ve ever been injured in a motorcycle accident in the beautiful city of Fort Lauderdale, there may be compensation owed to you.
Motorcycle accidents are common and often fatal occurrences. Without the same safety features of a passenger vehicle, such as air-bags and seatbelts, it’s easy to see how injuries can quickly be sustained.
When another person contributes or even causes a motorcycle accident, you as a rider or your family as the rider (in the case of a fatal crash) can file a claim against the person at fault. This claim allows you or your family to pursue the compensation that you deserve.
Do I Have a Valid Claim?
If you’ve been involved in a motorcycle accident, you may be wondering if you would have a valid claim for compensation. Few things must first be explored in order to determine this. Why did the accident happen? The accident must be the fault of someone else in order to make this kind of claim. For example, if a drunk driver hits you, they would be at fault for driving while intoxicated.
Here are a few more theoretical scenarios where you would probably qualify for a liability claim:
The road was poorly maintained, meaning potholes, uneven surfaces, debris, and the likes.
If your accident matches any of the above scenarios, you will likely qualify for a liability claim.
When The Accident Is Partially Your Fault
If you’ve been in a motorcycle accident that was partially your fault, you may be wondering how to proceed. In the state of Florida, there is a pure comparative negligence rule. What this means is that you are still able to file a claim, even if you are partially at fault for the accident. However, the percentage of your responsibility will affect the amount of compensation you receive. This percentage of blame means that if you’re found to be 40% at fault for the accident and your damages total a sum of $100,000, then you will only receive 60% or $60,000.
Here are some examples of the careless and reckless behavior that would leave you partially at fault:
Another thing to note is whether or not you were wearing a helmet. If you were riding without a helmet and you sustained a head injury, the other party can use that to lessen your claim. The defendant would be able to say that if you had been wearing a helmet, your injuries might not have occurred or would have been less severe, and you will be forced to share the liability.
Compensable Damage Recovery
The courts have a specific formula to calculate the value for your losses. These may include emotional/mental anguish.
Medical expenses, including in-home nursing care, rehabilitation, and financial loss, as well as any other tangible damages and costs.
These types of damages are related to gross negligence on the part of the offending driver.