Damages in Motorcycle Accident Cases
Generally, riding a motorcycle can be more dangerous than traveling by another means. However, the existence of other motorists who act carelessly or do not recognize a motorcyclist’s rights on the road increase those riders’ risks of injury. When another driver negligently causes a motorcycle accident, he or she is responsible for the economic impact of a victim’s injuries. Miami motorcycle accident attorney Robert Dixon of the Law Offices of Robert Dixon represents those injured, or who have lost loved ones, due to another’s careless or wrongful action in personal injury as well as wrongful death claims. Our firm is dedicated to helping victims seek damages in motorcycle accident cases or other actions following serious injuries. Robert Dixon and his staff offer seasoned and compassionate legal guidance for clients throughout South Florida, including in Broward, Miami-Dade, and Palm Beach Counties. If you’d like to learn more about your legal rights and options following a serious motorcycle collision, please contact the Law Offices of Robert Dixon to speak with a lawyer and set up a free consultation today.Damages in Motorcycle Accident Cases
Florida ranks number one in the country when it comes to motorcycle accidents, and also unfortunately leads the nation in motorcycle-related fatalities. One contributing factor in this statistic is the state’s rather lax helmet law, which is based on the amount of insurance coverage a rider obtains. However, even when a motorcyclist is wearing a helmet and driving as safely as possible, this does not preclude the possibility that other motorists are not. When another driver causes a motorcyclist’s injuries, that victim can pursue a personal injury claim based on negligence.
Indications of a driver’s negligence could include aggressive driving practices, failing to yield the right of way, speeding, and failure to pay proper attention to the road. Motorcyclists suffer some of the most severe, life-altering injuries when involved in a collision, which can include broken bones, head or traumatic brain injury, amputations, road rash and burns, and spinal cord injury.
Once liability is established, an injured victim may be entitled to different categories of damages. Economic damages are those able to be verifiably calculated. These include compensation for past and future medical bills, such as for doctor visits, hospitalizations and surgery, medications, and physical or occupational therapy. Any property loss is also included in an economic damage award. If a victim’s salary or ability to earn a living is altered by their injuries, this is also included, as are any wages lost from time needed for recovery. When a motorcycle collision is fatal, certain family members may also be able to recover damages related to any burial or funeral expenses.
Non-economic damages in motorcycle accident cases are those that are not as mathematically ascertainable. These require placing a value on more emotional losses, such as pain and suffering or loss of companionship and support.
In extremely limited circumstances where someone has acted willfully or maliciously in causing another’s injury, punitive damages may be awarded in order to serve as punishment.
Even if a motorcycle rider or victim is partially responsible for causing their own injuries, they may still be entitled to compensation. Florida follows a pure comparative fault scheme of negligence, which means damages are awarded based on each party’s degree of fault. For example, if it is found that a biker’s head injury was forty percent due to his or her failure to wear a helmet, he or she can still receive sixty percent of the damages caused by the accident from another negligent party.Attorneys for Motorcycle Accident Victims in Miami
Serious injuries not only have a lasting physical impact on your life, but can take an emotional toll as well. Having the financial support that may only be available through legal action is an important part of recovering. Motorcycle accident lawyer Robert Dixon can help you through all stages of a claim, from the initial investigation to dealing with insurance, settlement negotiations, and litigation, if necessary. Please contact the Law Offices of Robert Dixon today at 877.499.4878 or online to schedule a free, no obligation consultation to find out more about how we can assist you. We are available to serve clients in communities including Miami, and West Palm Beach.