Motorcyclists enjoy the freedom of riding without being caged in, able to enjoy the open roads and beautiful weather in Florida. However, such freedom can come with a price if a motorcycle is broadsided by another vehicle. The impact of these types of collisions can be severe and sometimes fatal. Motorcycle accident attorney has experience representing motorcyclists injured in broadside collisions near Miami and elsewhere in South Florida. The Law Offices of Robert Dixon helps clients in areas such as Miami-Dade, Broward, and Palm Beach Counties protect their rights and pursue claims for compensation.Broadside Crashes in Florida
A broadside collision, also known as a T-bone crash, occurs when the front of one vehicle hits the side of another vehicle at a right angle. These kinds of accidents can be especially dangerous to motorcyclists struck by a car or truck, and they can lead to catastrophic injuries or even death. If a driver involved in a motorcycle broadside collision is found negligent, he or she may be liable for the victim’s injuries.Hold Careless Drivers Accountable Through a Negligence Lawsuit
A driver may be held liable for your injuries in a broadside crash if it is found that he or she was acting negligently. Motorcycle accidents are often caused by another motorist’s failure to properly exercise care when operating a vehicle. To show negligence, an injured person must prove four elements:
- The driver had a duty of care to act in a reasonable and prudent manner under the circumstances;
- The driver breached that duty;
- The breach caused the victim’s injuries; and
- The victim suffered damages as a result of the injuries.
In Florida, all motorists have a duty to exercise due care on the road. If a driver is speeding or trying to run a red light, for example, that action might comprise a breach of his or her duty to act in a safe way. If the driver’s speed or failure to yield results in a broadside collision that hurts a motorcyclist, the driver could be held liable for damages.
If a driver violates a criminal law with careless conduct, such as driving under the influence of drugs or alcohol, you may be able to show negligence per se. This means that the victim would need to show that the act violated a safety-related statute and that the victim was the type of person whom the statute was designed to protect.
Motorcyclists owe the same duty of care that drivers do when operating their vehicles. If a motorcycle rider is also driving in an unsafe manner, he or she could be found comparatively negligent. Florida is a pure comparative fault state, however, which means that someone who was hurt in an accident is responsible for an amount of damages proportionate to his or her percentage of fault. Even if a motorcyclist is more than half at fault in an accident, he or she may still recover compensation for injuries.
If you have been harmed in a motorcycle accident due to someone else’s negligence, consulting an experienced lawyer in a timely manner is vital, since personal injury actions must be filed within four years. If a broadside collision led to the death of a victim, the time frame his or her family members have for filing a wrongful death action is even shorter: two years. Damages that may be owed to a victim, or his or her family, include past and future medical bills, loss of income, lost future earnings, or pain and suffering.Miami Attorney Protecting the Rights of Accident Victims
Careless drivers who do not properly share the road with motorcyclists can cause devastating injuries. Miami injury lawyer is dedicated to making sure that accident victims receive the compensation they deserve for any harm sustained as a result of someone else’s negligent behavior. Please call 877.499.4878 or contact us online to set up a free, no-obligation consultation.