Motor Vehicle Collision Attorneys Advising West Palm Beach Residents
Many drivers fail to yield the right of way to motorcyclists in South Florida. The state witnessed 287 deadly motorcycle accidents in the first nine months of 2012, putting it third for these crashes in the nation. When a motorcycle accident happens, the consequences are often more devastating than a passenger car accident involving the same scenario. This is because motorcyclists, even those wearing helmets and gears, are basically unprotected against the impact with the other vehicle and the pavement. The resulting injuries can include brain trauma, spinal cord damage, broken bones, and internal bleeding. The knowledgeable motorcycle accident lawyers at Anidjar & Levine can guide residents of West Palm Beach through a claim for compensation after a careless driver has harmed them.
Holding a Negligent Driver Accountable for Your Injuries
Most motorcycle accidents are the result of negligence. As a motorcyclist trying to recover compensation for your injuries, you generally would need to prove that the other driver had a duty of care towards you and breached that duty. You also would need to show that the driver actually and proximately caused the accident and that you incurred quantifiable damages. All drivers owe a duty to treat a motorcyclist with the same reasonable care that they would treat anyone else on the road, and to yield appropriately.
Common breaches of care towards motorcyclists occur at intersections. For example, a driver may not expect to see a smaller vehicle approaching at an intersection and may consequently turn left into a motorcyclist driving straight. Similarly, a car that is driving straight in a place where visibility is low may plow into a motorcyclist who is waiting in the intersection to make a left turn.
Sometimes the defendant driver’s insurer and attorney try to shift the blame for the accident onto the motorcyclist, using the doctrine of comparative negligence. The jury can evaluate the total damages and assign percentages of responsibility to all parties alleged to be at fault, possibly including the motorcyclist. The damages may be reduced by the extent of the plaintiff’s fault. For example, if the total damages are $100,000, and the plaintiff is 25% at fault for the accident, he or she can recover up to $75,000.
After a motorcycle accident, you should see a doctor as soon as possible. You should also be aware that plaintiffs have a duty to mitigate. This is a duty to overcome or reduce any damages caused by the defendant. Victims generally must be able to show that the damages that they are seeking were foreseeable and could not have been avoided through reasonable efforts and modest expenses.
Explore Your Options with a West Palm Beach Lawyer after an Accident
West Palm Beach is the fourth-wettest city in America. Its tallest buildings include Trump Plaza, Tower 1515, and Placido Mar. If you were injured or have lost a loved one due to a careless driver in West Palm Beach or the surrounding area, the experienced injury attorneys at Anidjar & Levine may be able to represent you in a lawsuit for damages. Our office also assists accident victims in other communities throughout Palm Beach County, such as Boca Raton, Jupiter, Palm Beach Gardens, and Royal Palm Beach. Call us at 800-747-3733 or contact us via our online form for a free consultation.