Injuries from a motorcycle accident are often severe. With no vehicle frame, seat belts, or air bags for protection, you bear the full brunt of the impact in a crash. This can lead to head injuries, spinal injuries, broken bones, and other trauma.
If another party’s negligence contributed to your motorcycle accident, you may be eligible for compensation for your injuries. The motorcycle accident lawyers at the Law Firm of Anidjar & Levine can help you win damages for medical bills, therapy and rehabilitation, pain and suffering, and other costs associated with your Naples accident. Call our office today at 800-747-3733 for a free consultation.
How can I win compensation from a Naples motorcycle accident?
To win compensation after a motorcycle accident, we have to prove that another party was at least partially at fault. The at-fault party does not have to be a motorist. In some cases, the manufacturer of your motorcycle or of one of its parts bears liability. In other cases, a flaw in the road design, such as a large pothole or malfunctioning traffic control device, contributes to an accident.
Our job as your representation is to gather all the available evidence, examine it, and determine where the fault lies. Then, we can take the necessary steps to pursue the responsible party or parties for damages. There are several parties we may turn to for compensation for your injuries.
If you collided with another motorist while on your motorcycle, we examine the details of the collision and determine the extent of fault the other motorist bears. If the motorist was doing any of the following, chances are, they are either partially or fully liable for the collision:
- Driving under the influence;
- Driving while distracted, such as texting or accepting a phone call while driving;
- Reckless driving; and
- Disregarding a traffic control device like a stop sign, yield sign, or traffic signal.
In certain cases, the motorcycle manufacturer, or the maker of a bike accessory, shares in the responsibility for a crash. For instance, a defective product may be to blame if:
- Your bike’s brakes failed;
- A tire on your motorcycle blew out and caused you to lose control; or
- Your bike helmet was faulty and did not protect you from injury.
At your initial consultation, we can go over the specifics of your accident and determine if manufacturer liability exists.
As we investigate your accident, we also determine if issues with the road’s design or maintenance were potential contributors. Signs of poor road design or maintenance may include hazards like potholes, uneven pavement, lack of guard rails, poor visibility, or debris in the road.
What types of damages can I recover?
Recovering from a motorcycle accident can be a long and painful process. In many cases, the expenses add up quickly. In addition to your medical bills, we can also pursue damages for things like lost wages and emotional damage. In extreme cases, we can even pursue punitive damages to punish the responsible party for their gross negligence or misconduct.
There are three types of damages we can pursue in a motorcycle case.
These damages compensate you for tangible financial losses. Compensation for medical bills, rehabilitation, physical therapy, lost earning capacity, time away from work, and so forth all fall under the umbrella of economic damages.
These are damages to which we cannot assign a specific dollar value. Pain and suffering, emotional damage, and loss of consortium all constitute non-economic damages. Because these damages are subjective, the more evidence we can produce in your favor, the higher compensation you can receive.
These damages are exactly like they sound. The court imposes them to punish the other party for wrongdoing. Typically, only extreme cases warrant punitive damages, such as when the other party acted criminally, their negligence was excessive, or they failed to stop and render aid.
Can I still receive damages if I am partially at fault?
Many vehicle accidents involve shared responsibility. If you were partially at fault for your motorcycle accident, you can still win damages from another party.
Florida has a specific law to govern accidents with shared responsibility. It is the contributory negligence rule. It states that you can recover damages in a crash for which you were partly responsible. However, the amount of your award declines proportionally to your level of fault.
For instance, if your damages total $100,000, but the courts decide you were 25% responsible for your motorcycle accident, then your award drops by $25,000, leaving you with $75,000.
The court might consider you partially at fault if you took any of the following actions:
- Swerving in and out of traffic;
- Riding along the shoulder; and
- Lane splitting, or riding between two lanes of traffic.
If you were not wearing a helmet, the other party might argue that you are partially responsible for any brain injuries you suffered since a helmet would have reduced or prevented your injuries. We can anticipate this argument and counter it based on the evidence we have.
Our attorneys can help you pursue damages for your injuries.
After a motorcycle accident, your first priority should be seeking necessary medical treatment. Next, contact a qualified attorney to discuss the details of your case. The attorneys at the Law Firm of Anidjar & Levine have experience with motorcycle accidents and can advise you on how to proceed.
Be sure to document everything, particularly when it comes to your medical treatment and rehabilitation. We need to be able to show the court the extent to which the accident has affected you. Keep copies of everything your doctors give you, including treatment protocols, bills, injury assessments, and prescriptions.
We will build your case using all available evidence relating to your motorcycle crash. This includes police reports, eyewitness statements, photographs from the accident scene, and testimony from expert witnesses. The more evidence we have, the stronger case we can build.
Call the Law Firm of Anidjar & Levine today. The consultation is always free, and we are happy to go over the details of your case and advise you on how to proceed. Call 800-747-3733 and let us fight on your behalf for the compensation you deserve.